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Home Daily Digest

Daily Digest – October 1. Judge Grants MTD in FDCPA Case Over Time-Barred Debt Disclosure; Judge Allows TCPA Case Filed by Professional Plaintiff to Continue

mikegibb by mikegibb
October 1, 2019
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JUDGE GRANTS MTD IN FDCPA CASE OVER TIME-BARRED DEBT DISCLOSURE

  • A District Court judge has granted a defendant’s motion to dismiss, ruling it is “preposterous” for a plaintiff to interpret “we will not sue you” in a disclosure related to a time-barred debt as a false statement under the Fair Debt Collection Practices Act because it could be read to mean that defendant may change its mind and file suit at a later date.

JUDGE ALLOWS TCPA CASE FILED BY PROFESSIONAL PLAINTIFF TO CONTINUE, RULES DEBT COLLECTION EXEMPTION UNCONSTITUTIONAL

  • The fact that an exemption in the Telephone Consumer Protection Act that spares debt collectors attempting to collect on debts owed to the federal government is unconstitutional is not enough to make the entire TCPA unconstitutional, ruled a District Court judge in Massachusetts, who is allowing portions of a class-action lawsuit to continue. The judge also ruled that a professional plaintiff, who makes a living suing companies for violating the TCPA, still has standing to sue in this case.

CONSUMER GROUPS FILE BRIEF SUPPORTING EN BANC REQUEST IN TEXT MESSAGE TCPA CASE

  • A handful of consumer groups have submitted an amicus brief and motion for leave to have it entered into the record as the plaintiff in Salcedo v. Hanna seeks to have his case re-heard by the entire Eleventh Circuit Court of Appeals in an en banc hearing.

AFFORDABLE CARE ACT IS SAVING LIVES, GROWING BODY OF EVIDENCE SHOWS

  • For all the criticisms and issues surrounding the Affordable Care Act and as its existence hangs in the balance, it is, in fact, making people healthier, according to a growing body of evidence from states across the country.

WORTH NOTING: More debate and conflict over how much red meat people should be eating … How to avoid falling victim to a towing scam … It’s a seller’s market for home-buyers … I’m stunned that none of the 10 best beaches in the U.S. are here in New Jersey … A teenager in Georgia is dead because he was mistaken for a deer … The Pope has some concerns about artificial intelligence … The technology behind helping dogs communicate with humans … Meet the 9-year-old who entered a 5k and won a 10k … People driving in Detroit got an eyeful after hackers changed a digital billboard to porn.

How to save for a big trip

“Stranger Things 4” is coming

The Daily Digest is sponsored by Microbilt. Designed to help debt collection professionals, MicroBilt’s platform of recovery and skip tracing tools provide quick, convenient, and current data that help you prioritize and successfully track people down and collect. Keep your skip tracing and debt recovery efficient and effective! Contact us to find out about our 90 Day Try Us Program. Call 800-884-4397 or visit www.microbilt.com. 

JUDGE GRANTS MTD IN FDCPA CASE OVER TIME-BARRED DEBT DISCLOSURE

  • A District Court judge has granted a defendant’s motion to dismiss, ruling it is “preposterous” for a plaintiff to interpret “we will not sue you” in a disclosure related to a time-barred debt as a false statement under the Fair Debt Collection Practices Act because it could be read to mean that defendant may change its mind and file suit at a later date.

JUDGE ALLOWS TCPA CASE FILED BY PROFESSIONAL PLAINTIFF TO CONTINUE, RULES DEBT COLLECTION EXEMPTION UNCONSTITUTIONAL

  • The fact that an exemption in the Telephone Consumer Protection Act that spares debt collectors attempting to collect on debts owed to the federal government is unconstitutional is not enough to make the entire TCPA unconstitutional, ruled a District Court judge in Massachusetts, who is allowing portions of a class-action lawsuit to continue. The judge also ruled that a professional plaintiff, who makes a living suing companies for violating the TCPA, still has standing to sue in this case.

CONSUMER GROUPS FILE BRIEF SUPPORTING EN BANC REQUEST IN TEXT MESSAGE TCPA CASE

  • A handful of consumer groups have submitted an amicus brief and motion for leave to have it entered into the record as the plaintiff in Salcedo v. Hanna seeks to have his case re-heard by the entire Eleventh Circuit Court of Appeals in an en banc hearing.

AFFORDABLE CARE ACT IS SAVING LIVES, GROWING BODY OF EVIDENCE SHOWS

  • For all the criticisms and issues surrounding the Affordable Care Act and as its existence hangs in the balance, it is, in fact, making people healthier, according to a growing body of evidence from states across the country.

WORTH NOTING: More debate and conflict over how much red meat people should be eating … How to avoid falling victim to a towing scam … It’s a seller’s market for home-buyers … I’m stunned that none of the 10 best beaches in the U.S. are here in New Jersey … A teenager in Georgia is dead because he was mistaken for a deer … The Pope has some concerns about artificial intelligence … The technology behind helping dogs communicate with humans … Meet the 9-year-old who entered a 5k and won a 10k … People driving in Detroit got an eyeful after hackers changed a digital billboard to porn.

How to save for a big trip

“Stranger Things 4” is coming

The Daily Digest is sponsored by Microbilt. Designed to help debt collection professionals, MicroBilt’s platform of recovery and skip tracing tools provide quick, convenient, and current data that help you prioritize and successfully track people down and collect. Keep your skip tracing and debt recovery efficient and effective! Contact us to find out about our 90 Day Try Us Program. Call 800-884-4397 or visit www.microbilt.com. 

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Judge Grants MTD in FDCPA Case Over Time-Barred Debt Disclosure

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