Three students received scholarships totaling $6,000 for the 2022-2023 school year. 11/22/2022 12:25 P.M. 1 minute read The California Association of Collectors Educational Scholarship Foundation is pleased to announce this year’s scholarship winners. Scholarship applicants were asked to submit an essay on “the importance of establishing and maintaining good financial credit during your college years.” […]
A California district court held that the use of a chatbot to send interactive text messages did not amount to the use of an artificial or prerecorded voice as contemplated by the TCPA. 11/21/2022 4:20 P.M. 3.5 minute read Risher v. Adecco Inc., et al., No. 19-CV-05602-RS, 2022 WL 17082667 (N.D. Cal. Nov. 18, 2022) […]
On the Nov. 23 ACA Huddle, industry professionals Tom Griffin, Kelly Parsons-O’Brien and Cindy Yaklin will review several new laws that impact collections against California consumers. The ACA Huddle is free for all members. 11/21/2022 1:00 P.M. 1.5 minute read On the Nov. 23 ACA Huddle®, join the California Association of Collectors legislative team—Tom Griffin, […]
A consumer claimed that she was the victim of identity theft and disputed the debt with the data furnisher directly and with the CRAs. The consumer then claimed that the data furnisher did not perform a thorough investigation of her claim. 11/15/2022 2:00 P.M. 4 minute read Miller v. Westlake Servs. LLC, No. 821CV00692JLSKES, 2022 […]
A summary judgment on the question of whether a furnisher’s investigation was sufficient is appropriate if only one conclusion about the conduct’s reasonableness is possible. Issues of credibility preclude summary judgment. 11/10/2022 3:35 P.M. 4 minute read Roche v. SLM Corp., 21-00985-CJC (JDEx) (C.D. CA. Nov. 4, 2022) By Betsy Clarke—Compliance Attorney Note: ACA provides […]
Where a landlord’s claims and consumers’ claims clearly had something in common in that they both related to the consumers’ alleged debt and rental of the landlord’s rental property, the landlord’s counterclaims were sufficiently related to the common nucleus of operative facts underlying the consumers’ claims that a plaintiff would ordinarily be expected to try […]
A California district court held that a reasonable jury could find that a furnisher failed to conduct a reasonable investigation of a consumer’s claim of identity theft because it did not look beyond its own files, despite having information that called its information into question. 11/02/2022 4:00 P.M. 5 minute read Martinez V. American Express […]
Businesses must apply by Dec. 31, when the California DFPI licensing safe harbor ends, to continue operating while their licenses are reviewed. 10/28/2022 11:30 A.M. 3.5 minute read Licenses from California’s Department of Financial Protection & Innovation will be issued on a conditional basis starting Jan. 1, 2023, beginning a new licensing process for the […]
A collection attorney challenged a default judgment entered against him for contacting a consumer three times by email after he refused to pay. The court granted judgment in favor of the consumer on three of his claims and reduced the amount of damages and attorney’s fees. 10/26/2022 12:15 P.M. 3.5 minute read Vera v. FlexShopper, […]
Several groups argue that the bureau’s enforcement actions, filed while using a funding source the 5th Circuit court has deemed unconstitutional, qualify them to be dismissed. 10/26/2022 12:00 P.M. 5 minute read Since the Consumer Financial Protection Bureau’s funding structure through the Federal Reserve was deemed unconstitutional by the U.S. Court of Appeals for the […]
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