Plaintiff's Counsel Drops the Ball, Court Grants Summary Judgment for Debt Collector

Let's set the stage. A plaintiff, represented by a plaintiffs' firm well-known in this industry, files a putative class action in the Eastern District of Wisconsin--a hot spot for FDCPA litigation--back in early 2019. For the next year and a half, extensive litigation occurs: lots of motions practice, attempts to get a class certified, and discovery disputes. In other words, a lot of money and attorney hours thrown into the ring by both sides. Then, all of a sudden, plaintiff fails to file a response to a motion for summary judgment. That's what happened in Nagan v. Optio Solutions, LLC, and this caused the court to end the case in defendant's favor.

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Brace Yourselves: California Debt Collection Licensing is (Probably) Coming

California shows that a pandemic won't slow its government down. In addition to California's Attorney General finalizing CCPA regulations roughly two weeks ago, California's legislature has now passed a new piece of legislation, the Debt Collection Licensing Act (SB 908). The Act is now awaiting the governor's review. If he chooses to, Governor Gavin Newsom has until the end of September to veto the bill. If passed, the requirements would go into effect on January 1, 2022.

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Navigating the “PayFac” Era: Rules, Regulations, and Electronic Payment Processing Requirements

16 September 2020 at 01:00 p.m.

For collection agencies, the ability to process electronic consumer payments is key to maximizing revenue recovery and competing effectively in today’s marketplace. Paper checks are relics of days long gone, post-dated checks are riddled with risk, and bank transfers make consumers nervous. In the modern digital age, card payments reign supreme.

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