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10th Circuit Says Single Phone Call is Sufficient for Standing, Blasts Defense Counsel for Presenting Bona Fide Error Defense Without Procedures.

In an appeal that can only be described at best as a head-scratcher, in its attempt to pursue a bona fide error defense without producing a written procedure, a debt collector managed only to give consumers a path forward on Article III standing issues. On August 17, 2021, in the case of Lupia v. Mericredit Inc. (Case #20-1294, 10th Cir), the Tenth Circuit Court of Appeals held (1) a single unanswered telephone call/voicemail made to a consumer is sufficient for standing, and (2) a bona fide error defense requires the production of procedures.

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6th Cir. Holds Mere Confusion Does Not Impart Article III Standing, Reverses FDCPA Ruling in Favor of Defendant

The U.S. Court of Appeals for the Sixth Circuit recently reversed a trial court order granting summary judgment in favor of the defendant on a consumer’s claim that the defendant violated the federal Fair Debt Collection Practices Act.

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California DFPI Invites Comments for Debt Collection Licensing Act

SACRAMENTO, Calif. -- On April 8, 2021, the Commissioner initiated a rulemaking to adopt regulations related to the requirements for licensure under the Debt Collection Licensing Act (“DCLA”). The Commissioner is now considering a second rulemaking to adopt regulations related to other provisions of the DCLA, including its scope, annual reports, and bond amounts.

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CA DFPI Issues Draft Rules to Implement CCFPL Provisions on Complaint Handling, UDAAP Definition for Commercial Transactions

The California Department of Financial Protection and Innovation (DFPI) has issued an invitation for comments from interested parties on draft rules to implement certain provisions of the California Consumer Financial Protection Law (CCFPL) which became effective on January 1, 2021.  The CCFPL provisions that the draft rules would implement deal with (1) procedures for a covered person or service provider to respond to consumer complaints and inquiries, and (2) the definition of unfair, deceptive, or abusive acts and practices in connection with the offering or providing of commercial financing or other financial products and services to small business recipients, nonprofits, and family farms.  Comments are due by September 17, 2021.

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Ontario Systems Acquires Katabat to Further Expand its Industry-Leading Collections Footprint

BURLINGTON, Mass. -- Ontario Systems a leading provider of enterprise workflow automation software – which accelerates revenue recovery and removes friction from the payments process for clients in the accounts receivable management (ARM), healthcare, and government markets – today announced its acquisition of Katabat, a leading cloud-based collection platform providing cutting edge solutions to debt resolution for both lenders and borrowers.

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140 Days Later: Here Are Five Things To Know (Right Now) About How Courts Are Handling ATDS Cases Post Facebook

I know everyone is regularly checking the Facebook Ruling Resource Page- which is, unsurprisingly, driving huge traffic. But I also know that page is a bit sloppy right now as the cases are not yet organized in any meaningful fashion. Once we hit about 20 or so decisions I’ll start creating categories for ease of consumption.

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Women in Consumer Finance 2021

6 December 2021 at 02:45 p.m.

Sharpen your leadership skills, expand your professional network and help improve your workplace culture when you attend Women in Consumer Finance 2021 – a conference and networking experience for ALL women in consumer finance.

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