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Home Daily Digest

Daily Digest – April 19. Senators Want Study of Tech on FDCPA Enforcement; Court Allows Autodialer Exemption To Be Applied Retroactively

mikegibb by mikegibb
April 19, 2016
in Daily Digest
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The Daily Digest is sponsored by TCN, a leading provider of cloud-based call center technology for enterprises, contact centers, BPOs, and collection agencies worldwide. 

SENATORS ASK GAO TO STUDY IMPACT OF FINTECH ON BANKING, INCLUDING ENFORCEMENT OF FDCPA

  • A number of Senators have written to the Government Accountability Office, requesting a federal study on the impact of updated technology in the financial services industry (fintech), including the Fair Debt Collection Practices Act. The last study was conducted in 2011 and since that time, technology in the industry has branched out and expanded and should be looked at again. The enforcement of the FDCPA in the light of changes in technology was one of a large number of areas the Senators cited in their request.

MKT-193_AD_Competitor-Rebuttle

COURT RETROACTIVELY APPLIES LAW ALLOWING CALLS TO CELL PHONES WITH AUTODIALER 

  • A federal court in California has ruled that enforcing the prohibition allowing collectors to call cell phones using an autodialer applies retroactively, before changes in the law prohibited the calls from being made. The debt in question was a federally guaranteed student loan, and as of November 2015, collectors were allowed to begin using autodialers to contact delinquent debtors on their cell phones. The calls pertaining to this lawsuit were made in January 2014 and the lawsuit was filed a month later, nearly two years before the changes allowed the calls. The court determined that the changes to the law did not mention any prohibition about it being applied retroactively.

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If you have a tip or item you would like to share, or are interested in sponsoring the Daily Digest, please contact me at mike@canvasbusinessmedia.com.

The Daily Digest is sponsored by TCN, a leading provider of cloud-based call center technology for enterprises, contact centers, BPOs, and collection agencies worldwide. 

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