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Home Daily Digest

Daily Digest – July 30. Appeals Court Upholds Lower Court’s Ruling Reducing Attorney’s Fees in TCPA Suit; Study Reveals ‘Gulf’ Between Consumers, Collectors Over Debt Verifications

mikegibb by mikegibb
July 30, 2018
in Daily Digest
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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.

 

APPEALS COURT UPHOLDS LOWER COURT’S RULING REDUCING ATTORNEY’S FEES IN TCPA SUIT

  • The Court of Appeals for the Seventh Circuit has upheld a lower court’s decision in reducing the fees awarded to plaintiffs’ attorneys in a Telephone Consumer Protection Act class-action lawsuit by nearly 70% because the court ruled the lawyers did not perform enough work to justify the higher fees.

 

STUDY REVEALS ‘GULF’ BETWEEN CONSUMERS, COLLECTORS WHEN IT COMES TO DEBT VERIFICATIONS

  • A law professor and two psychology professors from St. John’s University have conducted a study on the validation notices required to be sent to individuals under the Fair Debt Collection Practices Act and found a “gulf” between what consumers expect when disputing a debt and what collection agencies are required to provide, as dictated by a number of legal rulings.

 

REPORT CRITICAL OF REDUCED FINES BEING ASSESSED BY BCFP UNDER MULVANEY

  • Is there such a thing as the “Mulvaney Discount” when it comes to the penalties being assessed by the Bureau of Consumer Financial Protection under acting director Mick Mulvaney? At least one published report seems to think so.

 

APPEALS COURT OVERTURNS RULING THAT TCPA CLAIMS DO NOT SURVIVE PLAINTIFF’S DEATH

  • Claims under the Telephone Consumer Protection Act do, in fact, survive the death of a plaintiff, according to a ruling from the Court of Appeals for the Sixth Circuit, which overturned a lower-court’s ruling in a class-action case. This is the first time that an Appeals Court has had to rule on this issue.

 

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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.

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