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Home Daily Digest

Daily Digest – December 7. Appeals Court Upholds Ruling for Defendant in TCPA Re-Consent Case; Investigation Leads Call for Stronger 501(r) Regs

mikegibb by mikegibb
December 7, 2020
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APPEALS COURT UPHOLDS RULING FOR DEFENDANT IN TCPA RE-CONSENT CASE

  • The Court of Appeals for the Eleventh Circuit has affirmed a lower court’s ruling in favor of a defendant that was sued for violating the Telephone Consumer Protection Act by contacting an individual on his cell phone using an automated telephone dialing system because the plaintiff re-consented to being contacted by filling out a form on the defendant’s website.

SENATOR’S INVESTIGATION LEADS HIM TO CALL FOR STRONGER 501(r) SCRUTINY

  • The Chairman of the Senate Finance Committee is calling on his committee, as well as that of the Senate Judiciary Committee, to strengthen the collection practice requirements for hospitals and healthcare providers who receive non-profit status under Section 501(r) from the Internal Revenue Service. The call is based on information gathered by Sen. Chuck Grassley [R-Iowa], the chairman of the Senate Finance Committee, following published reports detailing the “aggressive” collection practices at hospital networks in Virginia and Tennessee.

REP. WATERS CALLS ON REGULATORS, INCLUDING CFPB, TO HALT RELEASE OF ‘MIDNIGHT’ RULES

  • Rep. Maxine Waters [D-Calif.], the chairwoman of the House Financial Services Committee, has called on all financial regulators, including the Consumer Financial Protection Bureau, to refrain from enacting “midnight rules” or other administrative actions through Jan. 20, 2021, when President-elect Joe Biden takes office.

CFPB SUES ONLINE LENDER FOR VIOLATIONS OF MILITARY LENDING ACT

  • The Consumer Financial Protection Bureau on Friday announced it had filed a lawsuit against LendUp, an online lender, accusing it of violating the Military Lending Act, as part of a “broader Bureau sweep of investigations of multiple lenders” who might be violating the law.

READ EXPERT PERSPECTIVES ON TRENDING COMPLIANCE TOPICS

  • Click here to read this week’s Compliance Digest. You’ll get insights and opinions from seven different compliance experts —  Mike Frost, Brent Yarborough, Stefanie Jackman, David Kaminski, Nicole Strickler, Michael Klutho, and Jacquelyn DiCicco  — 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: This guy developed a smartwatch app to help stop his dad’s nightmares … The most popular dog names of 2020 … How to reinforce the strengths of an employee … How COVID is going to impact President Trump and his family moving out of the White House and President Biden and his family moving in … There is a joke here about candles being recalled because they are fire hazards … Zoom Santas are cashing in this holiday season … The ultimate quarantine self-care guide … The best movie villains.

Why your phone shouldn’t be your alarm clock

Music Monday

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 UPHOLDS RULING FOR DEFENDANT IN TCPA RE-CONSENT CASE

  • The Court of Appeals for the Eleventh Circuit has affirmed a lower court’s ruling in favor of a defendant that was sued for violating the Telephone Consumer Protection Act by contacting an individual on his cell phone using an automated telephone dialing system because the plaintiff re-consented to being contacted by filling out a form on the defendant’s website.

SENATOR’S INVESTIGATION LEADS HIM TO CALL FOR STRONGER 501(r) SCRUTINY

  • The Chairman of the Senate Finance Committee is calling on his committee, as well as that of the Senate Judiciary Committee, to strengthen the collection practice requirements for hospitals and healthcare providers who receive non-profit status under Section 501(r) from the Internal Revenue Service. The call is based on information gathered by Sen. Chuck Grassley [R-Iowa], the chairman of the Senate Finance Committee, following published reports detailing the “aggressive” collection practices at hospital networks in Virginia and Tennessee.

REP. WATERS CALLS ON REGULATORS, INCLUDING CFPB, TO HALT RELEASE OF ‘MIDNIGHT’ RULES

  • Rep. Maxine Waters [D-Calif.], the chairwoman of the House Financial Services Committee, has called on all financial regulators, including the Consumer Financial Protection Bureau, to refrain from enacting “midnight rules” or other administrative actions through Jan. 20, 2021, when President-elect Joe Biden takes office.

CFPB SUES ONLINE LENDER FOR VIOLATIONS OF MILITARY LENDING ACT

  • The Consumer Financial Protection Bureau on Friday announced it had filed a lawsuit against LendUp, an online lender, accusing it of violating the Military Lending Act, as part of a “broader Bureau sweep of investigations of multiple lenders” who might be violating the law.

READ EXPERT PERSPECTIVES ON TRENDING COMPLIANCE TOPICS

  • Click here to read this week’s Compliance Digest. You’ll get insights and opinions from seven different compliance experts —  Mike Frost, Brent Yarborough, Stefanie Jackman, David Kaminski, Nicole Strickler, Michael Klutho, and Jacquelyn DiCicco  — 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: This guy developed a smartwatch app to help stop his dad’s nightmares … The most popular dog names of 2020 … How to reinforce the strengths of an employee … How COVID is going to impact President Trump and his family moving out of the White House and President Biden and his family moving in … There is a joke here about candles being recalled because they are fire hazards … Zoom Santas are cashing in this holiday season … The ultimate quarantine self-care guide … The best movie villains.

Why your phone shouldn’t be your alarm clock

Music Monday

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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