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Home Daily Digest

Daily Digest – May 29. Federal Judge Grants Summary Judgement on TCPA Claim, But Denies it on FDCPA Claim; Calif. Appeals Court Grants SOL Victory

mikegibb by mikegibb
May 29, 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.

 

FEDERAL JUDGE GRANTS SUMMARY JUDGMENT ON TCPA CLAIM, BUT DENIES IT ON FDCPA 

  • A judge for the District Court for the Northern District of Georgia has granted summary judgment in favor of a collection agency that it did not use an automated telephone dialing system when it attempted to contact an individual for an unpaid debt, relying on the recent Appeals Court decision in ACA International v. FCC, but denied summary judgment on a Fair Debt Collection Practices Act claim because of the sheer volume of calls that were made by the agency in attempting to collect on the debt.

 

CALIF. APPEALS COURT GRANTS SOL VICTORY TO MAN WITH UNPAID CREDIT CARD DEBT

  • The Court of Appeal for the State of California has ruled that a man who sued on an out-of-statute debt is entitled to $140,550.51 in attorney’s fees and costs after it was ruled that the collection agency used the wrong state law in attempting to collect on the debt.

 

NY APPEALS COURT LIMITS SCOPE OF DMV ADDRESS SERVICE RULE

  • A New York appellate court has limited the scope of a long-held rule that prohibited defendants from arguing that they did not receive service of a lawsuit if they failed to update their address with the Department of Motor Vehicles and service was provided to whatever address the DMV had for the defendant.

 

DoE ANNOUNCES PLAN TO STOP USING PRIVATE COLLECTION AGENCIES

  • The Department of Education plans to stop assigning unpaid federal student loan debts to private collection agencies and will instead keep those accounts with the organizations that are servicing the loans, according to a published report.

 

WORTH NOTING: A televangelist wants $54 million to buy a private jet because “if Jesus was physically on the earth today, he wouldn’t be riding a donkey.” Hard to argue with that logic … Arlington National Cemetery is running out of room and that has sparked a lot of debate on what to do … If you plan on going to Starbucks today, you better go this morning … I don’t think I want to live in a world that suffers from “Star Wars” fatigue … “Proven” techniques to make you a better public speaker … How to take the “sting” out of constructive criticism … Why summer is not a good time to be a teenager on the road … More evidence to suggest that vitamin supplements are useless … Billionaire Stephen Ross: getting fired was the best thing that ever happened to me … How to be able to enjoy summer Fridays … Why you don’t want your neighbor to win the lottery.

How Costco gets you to spend more money

This video of a flash flood in Maryland is scary

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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