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Home Daily Digest

Daily Digest – July 26. Appeals Court Revives Wrong Venue Lawsuit; Federal Judge Denies Class-Action Certification Because of Vague Language

mikegibb by mikegibb
July 26, 2017
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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. 

EDITOR’S NOTE: AccountsRecovery.net launched its first-ever Compliance Survey yesterday. You can participate by clicking here. The survey is sponsored by WebRecon, TECH LOCK, LiveVox, Interprose, and Applied Innovation.

UPCOMING WEBINAR: Join a trio of seasoned professionals as they help you navigate the choppy waters of communication compliance and share their tips to develop effective communication strategies. Getting in touch with individuals has never been more important and never been more complicated. Register now for this webinar, which will be held August 1 at 1pm EDT and is sponsored by VoApps.

APPEALS COURT REVIVES WRONG VENUE LAWSUIT EVEN THOUGH DEFENDANTS FOLLOWED PRECEDENT 

  • The Court of Appeals for the Seventh Circuit has issued a ruling reviving a lawsuit against a collection agency because a change in precedent over where a collections lawsuit should be filed can be applied retroactively. More simply, the appeals court ruled that a collection law firm can be sued for filing a lawsuit in the improper jurisdiction, even if the jurisdiction was proper when the original lawsuit was filed. The case has been remanded back to the District Court.

FEDERAL JUDGE DENIES CLASS-ACTION BECAUSE PLAINTIFF WAS TOO VAGUE

  • A federal judge in Illinois has denied a motion to have a lawsuit against Midland Credit Management certified as a class action, because the plaintiff was too subjective in defining the criteria under which the class would be created. Judge Joan Gotschall said that the certification was too vague and subjective to be allowed and dismissed the motion.

FORMER STUDENTS CAUGHT IN DEBT SPIRAL AS ED. DEPT. AND ITS COLLECTORS GO AFTER UNPAID LOANS

  • About 11% of the $1.1 trillion in outstanding student loan debt is seriously delinquent or in default and the Department of Education is stepping up efforts to recover those funds. They are going after wages, tax refunds, and Social Security benefits to recover the unpaid debts. Those decisions are hitting low-income people very hard.

HOUSE PASSES MEASURE TO OVERTURN CFPB’S ARBITRATION RULE

  • The House of Representatives voted 231 to 190 to invoke the Congressional Review Act to overturn the Consumer Financial Protection Bureau’s proposed arbitration rule. The resolution now moves to the Senate for its approval. One Republican voted against the resolution in the House while no Democrat voted in favor of it.

WORTH NOTING: The Secretary of State is “taking a little time off” but has no plans to resign … How golfer Jordan Spieth spends his millions of dollars in winnings … Here are 10 easy ways to save $300 a month … One in three Americans are dangerously close to being in poverty … A study looking at the brains of 111 former football players found chronic traumatic encephalopathy in 110 of them … Your Roomba robot vacuum may be mapping your house while it cleans and that data may be available to be purchased … Five things to help you stay passionate and productive at work … CEOs made 271 times as much as the average worker last year.

The dark side of social media

Rep. Jeb Hensarling’s statement on blocking the CFPB’s arbitration rule

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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