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Home Daily Digest

Daily Digest.- December 14. Another Court Rules TCPA’s ATDS Provision Invalid Between 2015 and 2020; Judge Grants MTD Over Interest Statement

mikegibb by mikegibb
December 14, 2020
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ANOTHER COURT RULES TCPA’S ATDS PROVISION INVALID BETWEEN 2015 AND 2020

  • Another district court — this time in Florida — has granted a motion to dismiss a Telephone Consumer Protection Act case by ruling that the statute was unconstitutional between 2015 and 2020, joining other courts in Louisiana and Ohio in determining that it lacked subject matter jurisdiction to determine whether calls made to an individual’s cell phone using an automated telephone dialing system were legal.

N.J. JUDGE GRANTS MTD IN FDCPA CASE OVER INTEREST STATEMENT IN LETTER

  • In a case that was defended by Malone Frost Martin, with local representation from Lippes Mathias Wexler Friedman, A District Court judge in New Jersey has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because it was not allegedly clear enough in a collection letter that interest on the plaintiff’s account would not be added to her balance once the defendant completed its collection actions.

CALIFORNIA AG ISSUES NEW MODIFICATIONS TO CCPA

  • The Attorney General of California has unveiled a new set of modifications to the California Consumer Privacy Act (CCPA), including the requirement that companies add an opt-out button on their websites giving individuals the opportunity to opt out of having their personal information sold to third parties.

N.C. STATE COURTS TO CLOSE FOR 30 DAYS

  • The Chief Justice of North Carolina’s state courts has announced a 30-day postponement of all non-essential, in-person court proceedings starting today, as a result of a “surge” in the number of COVID-19 cases in the state.

READ EXPERT PERSPECTIVES ON TRENDING COMPLIANCE TOPICS

  • Click here to read this week’s Compliance Digest. You’ll get insights and opinions from eight different compliance experts — Stacy Rodriguez, Patrick Watts, Rick Perr, Larry Laskey, June Coleman, Mitch Williamson, Carlos Ortiz, and Virginia Bell Flynn — 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: Tips from a pro about how to stay warm when you’re outdoors during the winter … A Florida businessman is paying the overdue utility bills for 114 families … The Paycheck Protection Program is making a comeback … What kids are asking for in their letters to Santa this year … How to get a free double cheeseburger today from McDonald’s … The Cleveland Indians are changing their nickname … The best wines of 2020 … How to do a better job managing your finances.

Eating french fries around the world

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. 

ANOTHER COURT RULES TCPA’S ATDS PROVISION INVALID BETWEEN 2015 AND 2020

  • Another district court — this time in Florida — has granted a motion to dismiss a Telephone Consumer Protection Act case by ruling that the statute was unconstitutional between 2015 and 2020, joining other courts in Louisiana and Ohio in determining that it lacked subject matter jurisdiction to determine whether calls made to an individual’s cell phone using an automated telephone dialing system were legal.

N.J. JUDGE GRANTS MTD IN FDCPA CASE OVER INTEREST STATEMENT IN LETTER

  • In a case that was defended by Malone Frost Martin, with local representation from Lippes Mathias Wexler Friedman, A District Court judge in New Jersey has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because it was not allegedly clear enough in a collection letter that interest on the plaintiff’s account would not be added to her balance once the defendant completed its collection actions.

CALIFORNIA AG ISSUES NEW MODIFICATIONS TO CCPA

  • The Attorney General of California has unveiled a new set of modifications to the California Consumer Privacy Act (CCPA), including the requirement that companies add an opt-out button on their websites giving individuals the opportunity to opt out of having their personal information sold to third parties.

N.C. STATE COURTS TO CLOSE FOR 30 DAYS

  • The Chief Justice of North Carolina’s state courts has announced a 30-day postponement of all non-essential, in-person court proceedings starting today, as a result of a “surge” in the number of COVID-19 cases in the state.

READ EXPERT PERSPECTIVES ON TRENDING COMPLIANCE TOPICS

  • Click here to read this week’s Compliance Digest. You’ll get insights and opinions from eight different compliance experts — Stacy Rodriguez, Patrick Watts, Rick Perr, Larry Laskey, June Coleman, Mitch Williamson, Carlos Ortiz, and Virginia Bell Flynn — 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: Tips from a pro about how to stay warm when you’re outdoors during the winter … A Florida businessman is paying the overdue utility bills for 114 families … The Paycheck Protection Program is making a comeback … What kids are asking for in their letters to Santa this year … How to get a free double cheeseburger today from McDonald’s … The Cleveland Indians are changing their nickname … The best wines of 2020 … How to do a better job managing your finances.

Eating french fries around the world

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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