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Home Daily Digest

Daily Digest – April 27. Plaintiff Allowed to Sue Under State TCPA and Federal TCPA; Appeals Court Agrees to Hear Appeal of CFPB’s Constitutionality

mikegibb by mikegibb
April 27, 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.

 

PLAINTIFF ALLOWED TO SUE UNDER STATE TCPA AND FEDERAL TCPA, POSSIBLY ALLOWING FOR DOUBLE DAMAGES DOWN THE ROAD

  • A District Court judge in Maryland has ruled that a plaintiff may bring claims under both the Telephone Consumer Protection Act (TCPA) and the Maryland Telephone Consumer Protection Act (MTCPA), possibly allowing the plaintiff to recover damages and attorney’s fees twice for the same violation. The judge in this case ruled that the MTCPA does create a private right of action for the plaintiff, but did admit he was uncertain whether that meant the plaintiff would be entitled to double damages.

FIFTH CIRCUIT AGREES TO TO HEAR APPEAL OF CPFB’S CONSTITUTIONALITY; WILL AGENCY DEFEND ITSELF?

  • From Barbara Mishkin at Ballard Spahr comes this update about the Court of Appeals for the Fifth Circuit agreeing to hear an interlocutory appeal whether the Bureau of Consumer Financial Protection is constitutional. What makes this interesting, Mishkin writes, is wondering whether the CFPB under Mick Mulvaney will defend itself.

$28 MILLION TCPA SETTLEMENT SEES PLAINTIFFS NET $38 EACH

  • At the outset, I’ll say that this has little to do with the ARM industry, but I do know that the industry does like a good story about plaintiff’s attorneys, so here goes: A class-action settlement in a Telephone Consumer Protection Act case will see the members of the class pocket $38 each, while the attorneys representing the plaintiffs will get nearly $10 million.

 

SENATE CONFIRMS FULL SLATE OF FTC COMMISSIONERS

  • The Senate yesterday confirmed a handful of new commissioners to the Federal Trade Commssion, which will give the agency a full slate of commissioners for the first time in the Trump Administration. The agency had been operating with just two commissioners — one Republican and one Democrat — for the past 15 months.

 

WORTH NOTING: An historic meeting took place in South Korea today … Bill Cosby was found guilty of sexual assault yesterday and a comedian is receiving praise for alerting people to what he was doing … The new Prince has been named … Baker Mayfield was the first player selected in last night’s NFL draft … Winners and losers in the first round of the NFL draft … Making a mistake on a first-round draft pick costs an NFL team $9.4 million … The price for Amazon Prime is going up … Subway is closing a lot of restaurants … Teens would rather break bones than lose their phones, according to a new study … Mother’s Day sales are expected to be through the roof this year … Nobody knows why the chaplain for the House of Representatives was asked to resign … Did you know tomorrow is National Superhero Day? … The four non-athletic traits that the best athletes share.

Why Melania Trump is an underrated First Lady

NFL quarterback Jared Goff pranks a college football team

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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Fifth Circuit Agrees to Hear Appeal of CFPB’s Constitutionality; Will Agency Defend Itself?

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