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Home Daily Digest

Daily Digest – March 25. Appeals Court Overturns $163k Attorney’s Fee Award; Judge Denies TCPA Claim Over Revoked Consent

mikegibb by mikegibb
March 25, 2022
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APPEALS COURT OVERTURNS $163K ATTORNEY’S FEE AWARD IN FAVOR OF DEFENDANTS IN FDCPA CASE

  • The Court of Appeals for the Fifth Circuit has reversed a lower court’s decision ordering the attorneys representing a plaintiff in a Fair Debt Collection Practices Act and Texas Fair Debt Collection Practices Act case to pay $163,000 in attorney’s fees to the defendant while also remanding the case back to the District Court to determine whether a settlement award made to a plaintiff designates him as the prevailing party, requiring the defendant to cover his legal fees instead.

JUDGE DENIES MSJ FOR DEFENDANT IN TCPA CLAIM OVER WHETHER PLAINTIFF REVOKED CONSENT

  • A District Court judge in Illinois has dismissed a Fair Debt Collection Practices Act claim made by a plaintiff — who has the same name as a plaintiff’s attorney — against a debt collector while denying the defendant’s motion for summary judgment on a Telephone Consumer Protection Act claim, ruling that it isn’t clear whether or not the plaintiff revoked consent to be contacted.

FCC ORDERS TRIO OF NETWORKS TO REMOVE ILLEGAL ROBOCALL TRAFFIC OR FACE SHUTDOWN

  • The Federal Communications Commission has warned a trio of voice service providers that they are apparently allowing the transmission of illegal robocalls on their networks and had 48 hours to block that traffic or they would face having all of their traffic blocked.

CONSUMER FILES COLLECTION-RELATED RULEMAKING PETITION WITH CFPB

  • Last month, the Consumer Financial Protection Bureau announced it was throwing open its rulemaking doors to the general public and allowing anyone to submit a request. A consumer has filed a collection-related petition.

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