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Home Daily Digest

Daily Digest – December 21. Sixth Circuit Reverses Ruling in Envelope Case; Senate Passes Robocall Bill

mikegibb by mikegibb
December 21, 2020
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SIXTH CIRCUIT REVERSES RULING IN FDCPA ENVELOPE CASE

  • The Sixth Circuit Court of Appeals has reversed a lower court’s ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act, ruling that all the information that can be viewed through the glassine window portion of an envelope containing a collection letter matters under Section 1692f(8) of the statute.

SENATE UNANIMOUSLY PASSES ROBOCALL BILL

  • The Senate on Saturday unanimously passed a bipartisan bill that would require the Federal Communications Commission to establish a rule under which it would maintain a list of phone numbers that are not eligible to be blocked by voice service providers while also requiring the FCC to develop a report that describes the effectiveness of call-blocking tools being used in the marketplace today.

JUDGE GRANTS MSJ FOR PLAINTIFF IN TCPA ATDS CASE, AWARDS $122k IN DAMAGES

  • In a case that was first spotlighted by Eric Troutman at TCPAWorld.com, a District Court judge in Ohio has granted a plaintiff’s motion for summary judgment and awarded it $122,500 after he was contacted by a debt collector 245 times during a 4 1/2-month span, even though the creditor never communicated to the collector that the plaintiff had revoked consent to be contacted.

CFPB RELEASES PART II OF DEBT COLLECTION RULE COVERING VALIDATION NOTICES, TIME-BARRED DEBT, DEBT PARKING

  • The Consumer Financial Protection Bureau on Friday released Part II of its debt collection rule, providing guidance on sending validation notices and disclosures related to collecting time-barred debt.

READ EXPERT PERSPECTIVES ON TRENDING COMPLIANCE TOPICS

  • Click here to read this week’s Compliance Digest. You’ll get insights and opinions from 10 different compliance experts — Dennis Barton, Michael Klutho, David Schultz, Stefanie Jackman, Lauren Burnette, David Kaminski, Sarah DeMoss, Joann Needleman, Caren Enloe, and Loriane Lyons — 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: A deal on a new $900 million COVID-19 relief package has been reached … A volcano in Hawaii erupted overnight … An oral history of the world’s biggest coupon … Some of the highlights from virtual court hearings this year … Burger King is bringing back its $1 menu … What is the point of facial hair? … Great news! Hockey is coming back! … Is the New England Patriots’ dynasty finally dead?

What breakfast to go around the world looks like

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. 

SIXTH CIRCUIT REVERSES RULING IN FDCPA ENVELOPE CASE

  • The Sixth Circuit Court of Appeals has reversed a lower court’s ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act, ruling that all the information that can be viewed through the glassine window portion of an envelope containing a collection letter matters under Section 1692f(8) of the statute.

SENATE UNANIMOUSLY PASSES ROBOCALL BILL

  • The Senate on Saturday unanimously passed a bipartisan bill that would require the Federal Communications Commission to establish a rule under which it would maintain a list of phone numbers that are not eligible to be blocked by voice service providers while also requiring the FCC to develop a report that describes the effectiveness of call-blocking tools being used in the marketplace today.

JUDGE GRANTS MSJ FOR PLAINTIFF IN TCPA ATDS CASE, AWARDS $122k IN DAMAGES

  • In a case that was first spotlighted by Eric Troutman at TCPAWorld.com, a District Court judge in Ohio has granted a plaintiff’s motion for summary judgment and awarded it $122,500 after he was contacted by a debt collector 245 times during a 4 1/2-month span, even though the creditor never communicated to the collector that the plaintiff had revoked consent to be contacted.

CFPB RELEASES PART II OF DEBT COLLECTION RULE COVERING VALIDATION NOTICES, TIME-BARRED DEBT, DEBT PARKING

  • The Consumer Financial Protection Bureau on Friday released Part II of its debt collection rule, providing guidance on sending validation notices and disclosures related to collecting time-barred debt.

READ EXPERT PERSPECTIVES ON TRENDING COMPLIANCE TOPICS

  • Click here to read this week’s Compliance Digest. You’ll get insights and opinions from 10 different compliance experts — Dennis Barton, Michael Klutho, David Schultz, Stefanie Jackman, Lauren Burnette, David Kaminski, Sarah DeMoss, Joann Needleman, Caren Enloe, and Loriane Lyons — 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: A deal on a new $900 million COVID-19 relief package has been reached … A volcano in Hawaii erupted overnight … An oral history of the world’s biggest coupon … Some of the highlights from virtual court hearings this year … Burger King is bringing back its $1 menu … What is the point of facial hair? … Great news! Hockey is coming back! … Is the New England Patriots’ dynasty finally dead?

What breakfast to go around the world looks like

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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