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Home Daily Digest

Daily Digest – March 1. Appeals Court Upholds Dismissal of Third-Party Disclosure Case; Advocacy Calls Changes to Debt Collection Rule

mikegibb by mikegibb
March 1, 2021
in Daily Digest
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APPEALS COURT UPHOLDS DISMISSAL OF FDCPA THIRD-PARTY DISCLOSURE CASE

  • Even though its representative may not have followed the exact protocols for placing a location information call, the Fifth Circuit Court of Appeals has upheld the dismissal of a Fair Debt Collection Practices Act case against a collection agency because the call in question did not meet the definition of a “communication” under the statute.

JUDGE GRANTS MSJ FOR PLAINTIFF IN FIRST AMENDMENT CHALLENGE TO KANSAS CARD SURCHARGE LAW

  • A District Court judge in Kansas has granted a plaintiff’s motion for summary judgment after it was sued by the state Attorney General for allegedly violating a state law that prohibits imposing a surcharge on transactions that are paid with a credit card, ruling that the law is an unconstitutional restriction on commercial speech in violation of the First Amendment.

ADVOCACY REPORT CALLS ON CFPB TO MAKE CHANGES TO DEBT COLLECTION RULE

  • The Consumer Financial Protection Bureau should “halt” the implementation of its debt collection rule and “fix” it by reducing the number of call attempts, requiring consumers to opt in to receive electronic communications, and prohibit the collection of time-barred debt, as a means of improving consumer protection and stemming the influx of consumer complaints, which rose by 50% last year, according to a report released today by an advocacy group.

44% OF CONSUMERS WITH STUDENT LOAN DEBT HAVEN‘T MADE ANY PAYMENTS IN A YEAR: SURVEY

  • More than 44% of individuals with student loan debt have not made any payments since last March, according to the results of a poll released on Friday.

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 — Michael Klutho, Caren Enloe, Kim Phan, Judd Peak, Aylix Jensen, Makyla Moody, and Loraine 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: The questions that can help you decide if now is the “right” time to have a baby … I wonder if it was a “Susan B. Anthony” … The best jokes from the monologue of last night’s Golden Globes … The problem of unpaid rent is only getting worse … How to take your Amazon Alexa to the next level … The mansion from “Schitt’s Creek” is back on the market … First, there was the lawyer who was a cat; now there is the doctor who appeared at a virtual trial while in surgery … Work-from-home hacks that are still important a year later.

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The Daily Digest is sponsored by TCN. Today, contact centers need to do more with less. TCN’s cloud-based predictive dialing tools and services help clients to leverage the most sophisticated inbound, outbound, and blended calling technologies available. TCN’s award-winning platform offers multiple features to assist in compliance while improving performance with no hardware, no monthly minimums, or maintenance fees. Call 866-745-1900 or visit tcn.com today.

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