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Home Daily Digest

Daily Digest – January 17. Appeals Court Vacates Award in FDCPA Class Action; Judge Denies MTD in FDCPA SOL Case

mikegibb by mikegibb
January 20, 2020
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APPEALS COURT VACATES AWARD IN FDCPA CLASS ACTION

  • The Sixth Circuit Court of Appeals has vacated a lower court’s ruling in favor of plaintiffs in a class action who were awarded $3,662 in damages and their attorneys who were awarded $180,000 after the court ruled the defendant violated the Fair Debt Collection Practices Act by including the costs of previous failed garnishments on each new request.

JUDGE DENIES MTD IN FDCPA SOL CASE

  • A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it failed to include a disclosure in a collection letter that a partial payment on a time-barred debt would re-start the statute of limitations.

JUDGE PARTIALLY GRANTS MSJ IN TCPA CASE OVER TEXT SENT, BUT NOT RECEIVED BY DECADE-OLD PHONE

  • A District Court judge in California has partially granted a defendant’s motion for summary judgment after it was sued for allegedly violating the Telephone Consumer Protection Act even though the plaintiff never actually received the text message in question.

REGULATORS ISSUE WARNING ABOUT CYBER ATTACKS IN WAKE OF ‘INCREASED GEOPOLITICAL TENSIONS’

  • Two national banking regulators have come out and issued guidance warning companies in the financial services industry, especially smaller companies, about an increased risk of a cyber attack, as a result of “increased geopolitical tensions and threats.”

WORTH NOTING: Maybe Robert Downey Jr. should stick to being a super hero … Where Vegas oddsmakers think Tom Brady will play next year … Lego is now going after adults, pitching its bricks as a mindfulness alternative … Hyatt hotels is going all-out to help its guests be more relaxed … The United States is the 18th-best country in which to raise kids, according to a new study … Looking ahead to this weekend’s NFL conference championship games … What to do if you don’t want Google Maps keeping a detailed record of everywhere you go … Is the best pizza in the world found in San Francisco? … A part-time judge has been disbarred for fixing more than 4,000 traffic tickets.

Why you should never wake a sleepwalker

Funny Friday

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. 

APPEALS COURT VACATES AWARD IN FDCPA CLASS ACTION

  • The Sixth Circuit Court of Appeals has vacated a lower court’s ruling in favor of plaintiffs in a class action who were awarded $3,662 in damages and their attorneys who were awarded $180,000 after the court ruled the defendant violated the Fair Debt Collection Practices Act by including the costs of previous failed garnishments on each new request.

JUDGE DENIES MTD IN FDCPA SOL CASE

  • A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it failed to include a disclosure in a collection letter that a partial payment on a time-barred debt would re-start the statute of limitations.

JUDGE PARTIALLY GRANTS MSJ IN TCPA CASE OVER TEXT SENT, BUT NOT RECEIVED BY DECADE-OLD PHONE

  • A District Court judge in California has partially granted a defendant’s motion for summary judgment after it was sued for allegedly violating the Telephone Consumer Protection Act even though the plaintiff never actually received the text message in question.

REGULATORS ISSUE WARNING ABOUT CYBER ATTACKS IN WAKE OF ‘INCREASED GEOPOLITICAL TENSIONS’

  • Two national banking regulators have come out and issued guidance warning companies in the financial services industry, especially smaller companies, about an increased risk of a cyber attack, as a result of “increased geopolitical tensions and threats.”

WORTH NOTING: Maybe Robert Downey Jr. should stick to being a super hero … Where Vegas oddsmakers think Tom Brady will play next year … Lego is now going after adults, pitching its bricks as a mindfulness alternative … Hyatt hotels is going all-out to help its guests be more relaxed … The United States is the 18th-best country in which to raise kids, according to a new study … Looking ahead to this weekend’s NFL conference championship games … What to do if you don’t want Google Maps keeping a detailed record of everywhere you go … Is the best pizza in the world found in San Francisco? … A part-time judge has been disbarred for fixing more than 4,000 traffic tickets.

Why you should never wake a sleepwalker

Funny Friday

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 Partially Grants MSJ in TCPA Case Over Text Messages Sent, But Not Received by Decade-Old Phone

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Compliance Digest - January 20

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