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Home Daily Digest

Daily Digest – July 25. FDCPA Suit Accuses Collector of Contacting Represented Individual; Eleventh Circuit Overrules Itself, Now Says One Text Message Sufficient for Standing

mikegibb by mikegibb
July 25, 2023
in Daily Digest
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FDCPA Suit Accuses Collector of Contacting Represented Individual

  • A collection law firm is facing a Fair Debt Collection Practices Act lawsuit for allegedly sending communications to a consumer after being notified that the individual was represented by an attorney. We’re going to mention — but not dwell on the fact — that the way in which the plaintiff’s attorney notified the defendant that the plaintiff was being represented was … by fax.
  • More details here.
  • This series is sponsored by WebRecon

Eleventh Circuit Overrules Itself, Now Says One Text Message Sufficient for Standing

  • In an en banc decision, the entire Court of Appeals for the Eleventh Circuit ruled yesterday that receiving a single unwanted text message is sufficient for an individual to have standing to sue the sender of the message in federal court for violating the Telephone Consumer Protection Act, and remanded the case back to a panel of Eleventh Circuit judges to consider the rest of the appeal.
  • More details here.

Judge Uses SCOTUS Footnote to Rewrite ATDS Definition

  • A Magistrate judge in Colorado has denied a defendant’s motion to dismiss a class-action after it was sued for violating the Telephone Consumer Protection Act, ruling that an automated telephone dialing system that stores a list of telephone numbers using a random or sequential number generator to determine the dialing order is an ATDS under the TCPA, using a footnote in the Supreme Court’s ruling in Facebook v. Duguid as the basis for his ruling.
  • More details here.

Bill Introduced to Force Creditors to Create Dedicated Phone Lines to Help Older Consumers

  • A bipartisan bill has been introduced in the House of Representatives that would require creditors establish a dedicated phone line to assist older Americans who may have been scammed or otherwise have questions about possible billing errors.
  • More details here.

Dale Golden and His Team Unite with Martin Lyons Watts Morgan to Form Martin Golden Lyons Watts Morgan

  • Attorneys Dale Golden, Charles McHale, Sangeeta Spengler and Joseph Proulx are joining forces with attorneys Xerxes Martin, Loraine Lyons, Patrick Watts, Heath Morgan, Jacob Bach, Matthew Bell, and Justin Han to create a highly experienced and geographically diverse law firm that will expand its support the accounts receivable management industry.  
  • More details here.

WORTH NOTHING: A primer on everything you need to know about the state of the economy … Be on the lookout, the next employee who quits may do so loudly on social media … Olive oil may help save your brain from dementia … Warning signs that your leadership is failing … The average Googler is making nearly $300k per year … How to find a good deal if you are in the market for a vehicle … Eight habits that could add up to 20 years onto your life … How worried middle-income Americans are about inflation.

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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