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Home Daily Digest

Daily Digest – April 24. CFPB Seeks to Exclude Former Director’s Testimony From Weltman Trial; Appeals Court Upholds Summary Judgment For Defendant in TCPA Case

mikegibb by mikegibb
April 24, 2018
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The Daily Digest is sponsored by Beam Software. A Microsoft Gold Certified Partner, Beam is a thought leader in portfolio management and collection software. They offer both cloud-based and on-premise solutions to accommodate the entire collection continuum. For more information, please visit www.beamsoftware.com or call (800) 212-2326.

 

CFPB SEEKS TO EXCLUDE FORMER DIRECTOR’S TESTIMONY FROM WELTMAN TRIAL

  • The Consumer Financial Protection Bureau is seeking to exclude testimony from former director Richard Cordray and Robert Weltman, the senior shareholder of Weltman Weinberg and Reis, as a trial between the two is set to start next week. It’s interesting to see the CFPB so defiantly seeking to keep its former director from testifying in a case that was brought while he was leading the agency.

 

APPEALS COURT UPHOLDS SUMMARY JUDGMENT FOR DEFENDANT IN TCPA CASE

  • The Court of Appeals for the Ninth Circuit has upheld a lower court’s summary judgment ruling in favor of a defendant who was sued for allegedly violating the Telephone Consumer Protection Act because a third party had contacted the plaintiff using an automatic telephone dialing system (ATDS). The Appeals Court ruled that the language of a form signed by the plaintiff included the required prior express consent for the third party to contact the individual.

 

BILL INTRODUCED THAT WOULD REQUIRE CFPB TO ISSUE LEGALLY BINDING GUIDANCE

  • Rep. Sen Duffy [R-Wisc.] has introduced a bill in The House of Representatives which would require the Bureau of Consumer Financial Protection to provide guidance on the consumer financial laws under its purview. The thrust of the bill is for the CFPB to provide legally binding guidance to companies instead of leaving them to interpret the intricacies of civil money penalties and enforcement orders.

 

THE SOUND OF SILENCE

  • The Federal Communications Commission and the Federal Trade Commission yesterday held a joint expo on illegal robocalls (they remain against them) and in reading the prepared remarks from the FCC’s Chief of Staff at the event, it seems to becoming more and more clear that regulators are very focused on hearing from consumer advocates and telecom companies and state and federal regulators, but not really interested in hearing from companies whose operations are being legitimately impacted by robocalls.

WORTH NOTING: President Trump is hosting his first State Dinner tonight for the President of France … A tragedy in Toronto yesterday as a man drove a van onto a crowded sidewalk, killing 10 people … A Mickey Mantle rookie card just sold for $2.88 million … Gadgets you didn’t know you needed but are worth buying … A feedback technique that is more effective that the year-end performance review … We’re closer to “The Jetsons” than you may think … The cities that are hardest hit by extreme poverty … What’s going on inside your brain when you experience “Fear of Missing Out” or FOMO … Stealing $1.2 million in fajitas put one person in prison for 50 years … Five minutes can save you $35 or more … A lot of eyes are on a special election happening in Arizona today … Meet the real-life king of the NFL mock draft.

Economy flight hacks

Why does it rain?

The Daily Digest is sponsored by Beam Software. A Microsoft Gold Certified Partner, Beam is a thought leader in portfolio management and collection software. They offer both cloud-based and on-premise solutions to accommodate the entire collection continuum. For more information, please visit www.beamsoftware.com or call (800) 212-2326.

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