Collector Facing TCPA Class Action for Using Prerecorded Voice
- There isn’t anything unusual or inflammatory or that is being highlighted as a potential cautionary tale with this particular lawsuit. In fact, if you continue reading this, you’ll likely to find the facts of the case pretty straightforward and maybe even mundane. But while the facts may not be very exciting, that does not diminish the situation. A collection operation is facing a class-action lawsuit for allegedly violating the Telephone Consumer Protection Act for leaving two voicemail messages that were made using an artificial or prerecorded voice without the plaintiff’s consent. It is interesting — to this non-lawyer, at least — that the complaint does not reference that an automated telephone dialing system (ATDS) was used at any point in making the calls or leaving the messages.
- More details here
- This series is sponsored by WebRecon
Ed. Dept. Proposes Overhaul of Student Loan Repayment
- The Department of Education yesterday issued a proposed rule aimed at reducing the cost of higher education and simplifying federal student loan repayment, a move that could materially reshape how graduate and professional student loans are originated, repaid, and resolved in default. The Notice of Proposed Rulemaking follows last year’s enactment of President Trump’s Working Families Tax Cuts Act and opens a 30-day public comment period for stakeholders across the student loan ecosystem.
- More details here
Mass. Judge Dismisses FDCPA Claims Over Interest Accrual
- A District Court judge in Massachusetts has granted a defendant’s motion to dismiss claims it violated the Fair Debt Collection Practices Act, as well as state debt collection regulations over the contents of an acceleration letter that was sent to the plaintiff.
- More details here
Court Dismisses FCRA Claim Despite ‘Cursory’ Furnisher Investigation
- Having your apartment infested with rodents and still offering to pay the rent and probably being right that a collector’s efforts to verify the reporting of a debt “were cursory and insufficient” were not enough for a plaintiff’s Fair Credit Reporting Act lawsuit to survive a motion for judgment on the pleadings filed by the collection operation, a District Court judge in New York has ruled. Even if a collector’s investigation was minimal, an FCRA claim cannot proceed unless the plaintiff plausibly alleges an inaccuracy that is objectively and readily verifiable, the judge ruled.
- More details here
CFPB to Restart Exams in Q2 With Fewer Reviews and Narrower Scope: Bloomberg
- Consumer Financial Protection Bureau examiners sidelined for much of the past year are expected to return to work as early as April, but with a dramatically scaled-back examination program that will feature far fewer exams, narrower scope, and fully virtual reviews, according to a published report. The CFPB expects to conduct fewer than 70 exams in 2026, a steep decline from recent years, as supervisors begin developing exam scopes next week ahead of second-quarter reviews.
- More details here
WORTH NOTING: Keeping financial secrets is just as bad as actual cheating, according to a large number of people across America … Consumers are feeling more optimistic about their financial outlooks, which is a good sign for the economy … Seventeen different health plans share how their priorities are shifting this year due to the continued increases in medical costs … Ten things to know about the state of the housing market … What you need to know about the man tapped to be the next chair of the Federal Reserve Board … Experts weigh in on when it’s appropriate to overtip … Why women are using AI less then men … Starbucks Rewards program is getting a makeover.
Funny Friday, part I
Funny Friday, 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.
