Collector Accused of Sending Telemarketing Texts in TCPA Class Action
- Under the Telephone Consumer Protection Act there are essentially two different types of calls — telemarketing calls and transactional/information calls. Calls that attempt to collect on an unpaid debt are not usually considered telemarketing calls — they are directed toward a specific individual in a specific circumstance. A consumer in California, though, has filed a class-action lawsuit and accused what appears to be a collection operation of violating the TCPA by sending two telemarketing text messages to her cell phone that were allegedly received outside of the window that these types of calls are allowed to be made.
- More details here
- This series is sponsored by WebRecon
Judge Rules FDCPA Validation Notices Can Be Sent by Text and Hyperlink
- In a case that was defended by Dale Golden and the team at Martin Golden Lyons Watts Morgan, a District Court judge in Florida has ruled that a debt collector may satisfy the Fair Debt Collection Practices Act’s validation notice requirements by sending a text message containing a hyperlink to the required disclosures instead of mailing a paper notice, marking a notable ruling on how courts may view electronic communications in collections. The ruling came in a lawsuit accusing a collection agency of violating multiple FDCPA provisions through text messages, phone calls, and credit reporting activity tied to an alleged debt owed to an advising company. The court ultimately granted summary judgment to the defendant on all claims.
- More details here
Judge Rules Dispute Over Returned Merchandise Refund Was Not an FCRA Reporting Inaccuracy
- A District Court judge in Arizona has dismissed a Fair Credit Reporting Act lawsuit against a credit reporting agency, ruling that it is not required to resolve underlying contractual disputes between a consumer, a retailer, and a credit card company when reporting charged-off debt information. The judge granted judgment on the pleadings in favor of the defendant after finding the plaintiff failed to plausibly allege that the reporting itself was inaccurate.
- More details here
Senators Press Credit Bureaus on BNPL Reporting Practices
- A group of Senate Democrats is demanding answers from the nation’s largest credit reporting companies about how Buy Now, Pay Later loans are being incorporated into consumer credit files as the fast-growing financing product becomes more deeply embedded in household spending.
- More details here
New Fintech Platform Launches to Consolidate and Discount Medical Bills
- A new healthcare-focused fintech company is entering the growing market for medical debt management with a platform designed to consolidate medical bills, reduce balances, and simplify repayment for consumers juggling multiple provider statements.
- More details here
Patients Now Drive 12% of Hospital Revenue, But Health Systems Collect Just 31% of What’s Owed
- Health systems are collecting just 31% of patient billings on average as rising deductibles, higher out-of-pocket costs, and growing self-pay balances continue to reshape the economics of healthcare, according to a new PayZen survey of more than 200 healthcare revenue leaders nationwide.
- More details here
WORTH NOTING: How you can get free ice cream at a Maryland Chick-fil-A … How small businesses can hire employees efficiently … A lot of people think saying “please” and “thank you” when using AI is important because it influences the information you get … An article from ProPublica calls Russell Vought the “shadow president” … Easy ways to ensure nobody can read your text messages … Common gripes about style and fashion and how to fix them … How much money you need to have to retire comfortably in every state … Where inflation is hitting consumers the hardest.
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.
