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Home Daily Digest

Daily Digest – October 2. Appeals Court Affirms for Defendant Accused of Trying to Collect Wrong Amount; Judge Overrules Sanctions Recommendation

mikegibb by mikegibb
October 2, 2020
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APPEALS COURT AFFIRMS FOR DEFENDANT ACCUSED OF ATTEMPTING TO COLLECT WRONG AMOUNT

  • The second time before the Ninth Circuit Court of Appeals turned out to be the charm for a debt collector that was accused of violating the Fair Debt Collection Practices Act by attempting to collect more than what was owed after a hospital made a billing error. The Court yesterday affirmed a judgment as a matter of law that was made by a District Court judge in favor of the defendant.

JUDGE OVERRULES SANCTIONS RECOMMENDATION IN FDCPA CASE

  • After a Magistrate Court judge recommended that the defendants in a Fair Debt Collection Practices Act case file a motion for sanctions, a District Court judge in New York has denied the motion, ruling that the “reckless and overzealous advocacy” of the plaintiffs does not rise to the threshold of constituting “bad faith.”

FCC ISSUES NPRM ON TCPA EXEMPTIONS

  • The Federal Communications Commission has issued a Notice of Proposed Rulemaking that seeks to possibly amend the exemptions that have been granted under the Telephone Consumer Protection Act allowing some entities to make calls using automated telephone dialing systems or artificial or pre-recorded voices, which could possibly include debt collection calls.

HEALTHCARE PROVIDERS BRACING FOR SPIKE IN SELF-PAYING PATIENTS

  • Healthcare providers are bracing for a seismic shift in where their money comes from, and collection agencies are likely to play a bigger role in a post-COVID-19 world, according to the results of a survey.

WORTH NOTING: President Trump and the First Lady have both tested positive for COVID-19 … The question on everybody’s mind — how and where did they get it? … Trump joins a list of world leaders who have tested positive for coronavirus … The markets aren’t sure how to react to the news … What the diagnosis means for the rest of the election campaign … The list of people who have come into contact with the president in the past week is long and distinguished … The president may have spoken too soon when he said this … More than 19,000 employees of Amazon — about 1.4% of its workforce — have tested positive for COVID-19 … How to get free tacos on National Taco Day, coming this Sunday.

Can you solve any of these riddles?

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 AFFIRMS FOR DEFENDANT ACCUSED OF ATTEMPTING TO COLLECT WRONG AMOUNT

  • The second time before the Ninth Circuit Court of Appeals turned out to be the charm for a debt collector that was accused of violating the Fair Debt Collection Practices Act by attempting to collect more than what was owed after a hospital made a billing error. The Court yesterday affirmed a judgment as a matter of law that was made by a District Court judge in favor of the defendant.

JUDGE OVERRULES SANCTIONS RECOMMENDATION IN FDCPA CASE

  • After a Magistrate Court judge recommended that the defendants in a Fair Debt Collection Practices Act case file a motion for sanctions, a District Court judge in New York has denied the motion, ruling that the “reckless and overzealous advocacy” of the plaintiffs does not rise to the threshold of constituting “bad faith.”

FCC ISSUES NPRM ON TCPA EXEMPTIONS

  • The Federal Communications Commission has issued a Notice of Proposed Rulemaking that seeks to possibly amend the exemptions that have been granted under the Telephone Consumer Protection Act allowing some entities to make calls using automated telephone dialing systems or artificial or pre-recorded voices, which could possibly include debt collection calls.

HEALTHCARE PROVIDERS BRACING FOR SPIKE IN SELF-PAYING PATIENTS

  • Healthcare providers are bracing for a seismic shift in where their money comes from, and collection agencies are likely to play a bigger role in a post-COVID-19 world, according to the results of a survey.

WORTH NOTING: President Trump and the First Lady have both tested positive for COVID-19 … The question on everybody’s mind — how and where did they get it? … Trump joins a list of world leaders who have tested positive for coronavirus … The markets aren’t sure how to react to the news … What the diagnosis means for the rest of the election campaign … The list of people who have come into contact with the president in the past week is long and distinguished … The president may have spoken too soon when he said this … More than 19,000 employees of Amazon — about 1.4% of its workforce — have tested positive for COVID-19 … How to get free tacos on National Taco Day, coming this Sunday.

Can you solve any of these riddles?

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 Overrules Sanctions Recommendation in FDCPA Case

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