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Home Daily Digest

Daily Digest – Sept. 8. Appeals Court Overturns BFE in FDCPA Case; Gov’t Adopts Narrow ATDS Definition

mikegibb by mikegibb
September 8, 2020
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APPEALS COURT OVERTURNS BFE IN FDCPA CASE BECAUSE DEFENDANT LACKED PROPER PROCEDURES

  • The Second Circuit Court of Appeals has overturned a summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it allegedly sent numerous debt collection notices and subpoenas to the wrong individual, determining that the collector should not have been entitled to invoke the bona fide error defense.

GOV’T ADOPTS NARROW ATDS DEFINITION IN SUPREME COURT BRIEF

  • As first noted by Eric Troutman at TCPAWorld.com, the federal government, in a brief filed Friday with the Supreme Court, thinks that the definition of an automated telephone dialing system starts and ends with technology that has the capacity to use a random or sequential number generator to store or produce telephone numbers.

PAYDAY LENDER APPEALS $132M RESTITUTION AWARD

  • A payday lender is appealing an administrative law judge’s ruling that it should repay $132 million in restitution to individuals who were misled regarding the terms of the loans they originated, were wrongfully required to provide access to their bank accounts, and had money taken from those accounts without their approval.

READ EXPERT PERSPECTIVES ON TRENDING COMPLIANCE TOPICS

  • Click here to read this week’s Compliance Digest. You’ll get insights and opinions from nine different compliance experts — Ethan Ostroff, Patrick Newman, Nicole Strickler, Sarah DeMoss, Mike Frost, Stefanie Jackman, Aylix Jensen, David Schultz, and Helen Mac Murray  — discussing the impact of recent court cases and legislative updates. You’re not going to get that kind of varied perspective anywhere else. The Compliance Digest is sponsored by The Bedard Law Group.

WORTH NOTING: The head of the Federal Reserve said it may take “years” for the economy to fully recover from the coronavirus pandemic … The hidden expenses of gender reveal parties — paying for the massive wildfire that you may have started … Why are women getting worse financial advice from advisors than men? … Resorts are not giving up on attracting tourists and are trying to lure families with strong WiFi … If you want to plan a visit to view the fall foliage … Ranking the NFL teams ahead of Thursday’s start to the season … The mystery of the shrinking salmon … It’s not your salary that makes you rich.

Hidden smartphone secrets

How to balance optimism and pessimism

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 OVERTURNS BFE IN FDCPA CASE BECAUSE DEFENDANT LACKED PROPER PROCEDURES

  • The Second Circuit Court of Appeals has overturned a summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it allegedly sent numerous debt collection notices and subpoenas to the wrong individual, determining that the collector should not have been entitled to invoke the bona fide error defense.

GOV’T ADOPTS NARROW ATDS DEFINITION IN SUPREME COURT BRIEF

  • As first noted by Eric Troutman at TCPAWorld.com, the federal government, in a brief filed Friday with the Supreme Court, thinks that the definition of an automated telephone dialing system starts and ends with technology that has the capacity to use a random or sequential number generator to store or produce telephone numbers.

PAYDAY LENDER APPEALS $132M RESTITUTION AWARD

  • A payday lender is appealing an administrative law judge’s ruling that it should repay $132 million in restitution to individuals who were misled regarding the terms of the loans they originated, were wrongfully required to provide access to their bank accounts, and had money taken from those accounts without their approval.

READ EXPERT PERSPECTIVES ON TRENDING COMPLIANCE TOPICS

  • Click here to read this week’s Compliance Digest. You’ll get insights and opinions from nine different compliance experts — Ethan Ostroff, Patrick Newman, Nicole Strickler, Sarah DeMoss, Mike Frost, Stefanie Jackman, Aylix Jensen, David Schultz, and Helen Mac Murray  — discussing the impact of recent court cases and legislative updates. You’re not going to get that kind of varied perspective anywhere else. The Compliance Digest is sponsored by The Bedard Law Group.

WORTH NOTING: The head of the Federal Reserve said it may take “years” for the economy to fully recover from the coronavirus pandemic … The hidden expenses of gender reveal parties — paying for the massive wildfire that you may have started … Why are women getting worse financial advice from advisors than men? … Resorts are not giving up on attracting tourists and are trying to lure families with strong WiFi … If you want to plan a visit to view the fall foliage … Ranking the NFL teams ahead of Thursday’s start to the season … The mystery of the shrinking salmon … It’s not your salary that makes you rich.

Hidden smartphone secrets

How to balance optimism and pessimism

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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