Undated Model Debt Violation Notice Does Not Violate the FDCPA

On October 31, 2023 a district court in Nevada held that an undated, model form debt validation notice does not violate the Fair Debt Collection Practices Act (FDCPA). In Bergida v. PlusFour, Inc., the defendant sent a debt validation letter to the plaintiff that followed the model form provided by the Consumer Financial Protection Bureau (CFPB). The letter was not dated. The plaintiff claimed the letter violated FDCPA §§ 1692d, e, f, and g because she could not determine what date was “today” and “now,” which allegedly misled her about the status of the debt, confused her, made the letter seem illegitimate and suspicious, and caused her to spend time and money trying to figure out whether the debt was valid. When considering the defendant’s motion to dismiss, the court applied the least sophisticated debtor standard and found that the plaintiff failed to state a claim.

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Crown Asset Management Team Joins Habitat for Humanity Build Day

DULUTH, Ga. -- Crown Asset Management, a receivables acquisition and management firm near Atlanta, GA, was thrilled to participate in a successful Habitat for Humanity build day in Loganville, GA as September drew to a close. The weather was perfect, and the team showed up in full force to put in the work necessary to make a full day’s effort toward the build.

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CFPB Proposes a Rule to Regulate Fintech Firms Like Banks

On November 7, the CFPB proposed a rule to supervise large non-bank fintech firms that offer services like digital wallets and payment apps, applicable to larger firms handling greater than 5 million transactions per year, in the same way many large banks and credit unions are supervised. While fintech agencies offer consumer banking services, they are not regulated as stringently as banks are.

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Coast Welcomes Matthew Isaacson as Vice President of Business Development

GENESEO, N.Y. -- Coast Professional, Inc.(Coast), a leading firm specializing in contact center and Accounts Receivable Management (ARM), is pleased to announce the appointment of Matthew Isaacson as Vice President of Business Development. Mr. Isaacson brings over 20 years of extensive experience in designing and executing highly successful sales, marketing, and brand strategies, with expertise in ARM, Business Process Outsourcing (BPO), and leadership.

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3rd Cir Case Highlights Difficulty with Medical Debt Collection Demands

Recently, the Third Circuit Court of Appeals provided a reminder that demand letters subject to multiple interpretations violate the Fair Debt Collection Practices Act (FDCPA). Of perhaps more importance, despite pre-dating Reg F, the case illustrated the difficulties of collecting medical debt and accurately conveying medical debt balances to past due patients.

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CFPB Removes Changes Regarding Discrimination as an Unfair Practice From UDAAP Exam Manual but Appeals From District Court Order Vacating Changes

In September 2023, the CFPB updated its UDAAP Examination Manual to remove the changes it made in March 2022 which provided that unfair acts or practices encompassed discriminatory conduct, even in circumstances to which federal fair lending laws, such as the Equal Credit Opportunity Act, did not apply.

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ARM Industry Legal Trends to Know Now

5 December 2023 at 02:00 p.m.

The legal landscape in the ARM industry is constantly changing. It can be difficult to wade through it all and determine what is important and what steps need to be taken to stay ahead of the curve.

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