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Home Daily Digest

Daily Digest – June 13. Judge Grants MTD Over Assigned Claim; Appeals Court Rules Sending Texts Confers Consent

mikegibb by mikegibb
June 13, 2022
in Daily Digest
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JUDGE GRANTS MTD IN FDCPA CASE OVER ASSIGNED CLAIM

  • A District Court judge in Oklahoma has dismissed another complaint filed by an individual attempting to claim that an alleged violation of the Fair Debt Collection Practices Act that occurred against someone had been assigned to the individual, ruling that tort claims — which include FDCPA violations — are not legally assignable.

APPEALS COURT RULES SENDING TEXT MESSAGES CONFERS CONSENT TO BE CONTACTED

  • The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling that an individual’s text messages sent to a financial institution constitute providing expressed consent to be contacted on a mobile phone via an automated telephone dialing system under the Telephone Consumer Protection Act, but that the lower court abused its discretion in determining that attorney’s fees meet the definition of “costs.”

REPORT CALLS FOR ‘BROAD-BASED’ CANCELLATION OF STUDENT LOANS

  • A report released by the National Consumer Law Center and the Center for Law and Social Policy (CLASP) calling for “broad-based” cancellation of student loans, extending the moratorium on making student loan payments, and “strengthening” repayment options, as a means of helping individuals with student loan debts while also closing the racial wealth gap.

EXPERTS SHARE CONTEXT ON CASES IMPACTING ARM INDUSTRY

  • Understanding the context and consequences of court rulings can be difficult. Thankfully, there are experts out there that can do it for us. Brit Suttell, Rick Perr, John Redding, Jason Tompkins, Virginia Bell Flynn, and Dale Golden break down the ins and outs of cases impacting the ARM industry in this week’s Compliance Digest, which is brought to you by Bedard Law Group.

WORTH NOTING: If you have a fear of flying, here are some tips to help … If your luggage has been lost, you’re definitely not alone … How COVID did away with the sick day … A study of 88 studies to determine once and for all if power poses actually work … A “historic” heat wave is sweeping across the country … A Google engineer was allegedly placed on leave after claiming that a chatbot had become sentient … If you’ve been having problems renting cars, here’s why … The “best” and “worst” places for first-time homebuyers in the United States.

How to sharpen your soft skills

Music Monday

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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