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Home Daily Digest

Daily Digest – May 9. SOL Disclosures Source of Issue in FDCPA Case; Judge Denies MTD in TCPA Class-Action Against Collector

mikegibb by mikegibb
May 9, 2023
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SOL DISCLOSURES SOURCE OF ISSUE IN FDCPA COMPLAINT

  • Letting a consumer know about the statute of limitations can be a difficult needle to thread. There are often disclosures under state law that need to be made while collectors also look to caselaw and enforcement actions to see what judges and regulators have deemed to be sufficient and appropriate ways to let consumers know if the statute of limitations has expired or under what circumstances it could be restarted. A plaintiff has accused a collector of violating the Fair Debt Collection Practices Act because the statute of limitations disclosure in a letter is subject to at least five different interpretations, according to the complaint.
  • More details here.
  • This series is sponsored by WebRecon

JUDGE DENIES MTD IN TCPA CLASS ACTION EVEN THOUGH PLAINTIFF PRESSED ‘2’

  • A District Court judge in Missouri has denied a defendant’s motion to dismiss a Telephone Consumer Protection Act class action that alleged a debt collector used a prerecorded robotic message instructing the plaintiff to “press 2 if you are not this person.” The plaintiff pressed 2, the call ended, and the plaintiff filed this class action.
  • More details here.

APPEALS COURT VACATES PART OF SUMMARY JUDGMENT RULING IN FDCPA CASE

  • The Court of Appeals for the Ninth Circuit has vacated a lower court’s summary judgment ruling in favor of a collector that was accused of violating the Fair Debt Collection Practices Act, ruling the District Court judge made a mistake and should have considered a summary judgment motion filed by the plaintiff as a partial summary judgment motion and did not give the plaintiff a chance to be heard on additional claims that were made in the complaint.
  • More details here.

MEDICAL BILLING PLATFORM RAISES $22M

  • A platform that aims to help healthcare providers recover more of their accounts receivable on their own — without needing to place the accounts with collection agencies — has raised $22 million in a Series B fundraising, with the plan to accelerate its growth.
  • More details here.

LTD FINANCIAL SERVICES PARTNERS WITH SKIT.AI

  • Skit.ai, the leading Conversational Voice AI solution provider in the ARM industry, announced its strategic partnership with LTD Financial Services L.P. (LTD), a Texas-based collection agency with a 30-year history in the industry.
  • More details here.

WORTH NOTHING: Is there nothing that Tom Hanks can’t do? … You’re just going about your day and then, BAM, a rock from space crashes into your house … Why dogs are more popular than cats in the United States … Six mistakes that sabotage communication … A true rags-to-riches story in California … Tipping at self-checkouts is dividing consumers across America … A 102-year-old doctor shares advice on how to stay healthy and happy … What to say in a job interview to help you get the job.

Trailer Tuesday, part I

Trailer Tuesday, part II

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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