Appeals Court Rules Text Message Is Not a ‘Telephone Call’ Under TCPA
- The Seventh Circuit has ruled that a text message is not a “telephone call” under the TCPA’s private right of action, affirming the dismissal of a class action over unwanted marketing texts. The decision splits from other circuits and could reshape the litigation risk calculus for anyone texting consumers. Read why the court said 1991’s Congress never contemplated suing over texts.
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CFPB Regulatory Agenda Puts Debt Collection Larger Participant Rule on September Timeline
- The CFPB’s new regulatory agenda lists 20 rulemakings through year-end, and the biggest one for this industry is a September proposal reconsidering the larger participant test that determines which debt collectors face Bureau supervision. See what else is on the agenda, and what’s conspicuously missing from it.
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Former CFPB Enforcement Leaders Launch Law Firm Targeting Debt Collectors, Lenders
- The trio that ran the CFPB’s enforcement division, responsible for more than $9.5 billion in penalties and redress, has launched a private law firm with debt collectors explicitly in its crosshairs. Federal enforcement may be slowing, but the people who built it are not going anywhere. Meet the names every ARM executive should know.
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State Appeals Court Reverses Judgment for Collector Over Procedural Errors
- A New Jersey appeals court has unwound a debt buyer’s win over a $662 credit card debt after the written order granted a summary judgment motion the trial judge had said was withdrawn, and the defendant’s motion to vacate vanished from the docket. A cautionary tale about what happens when the paperwork doesn’t match the courtroom.
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Appeals Court Affirms Jury Verdict for Defendant in FCRA Case
- The Ninth Circuit has upheld a jury verdict clearing a furnisher accused of violating the FCRA by reporting a missed payment on a vehicle lease the plaintiff claimed he never owed. The panel rejected challenges to the evidence, the exhibits, and the trial judge himself, noting a judge “is more than an umpire.”
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N.Y. Gov Orders Sweeping Review of Regs, With AI Flagging Thousands of Targets
- Gov. Kathy Hochul has ordered every New York state agency to hunt for outdated rules, burdensome fees, and penalties that could be waived or replaced with cure periods, in what her administration calls the most comprehensive regulatory review in state history. AI tools combed 18 million words of regulations to find the targets. See what compliance teams should be watching.
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40 Companies Seeking Collection Talent
- From entry-level collectors to a VP of Revenue Cycle and a Director of Collections Strategy, this week’s roundup features 40 open positions across the industry, many of them remote. Whether you’re hiring or looking, it’s all in one place.
- More details here
WORTH NOTING: If you thought time was moving too fast, Summerween is already here … Experts weigh in on the biggest misconceptions when it comes to inherited debt … Companies are releasing software to help you manage your tokens and AI usage limits … How Christopher Nolan became Hollywood’s most bankable director … Why self-driving cars won’t help lower auto insurance rates … How Dollar Shave Club uses generative AI to unlock advertising creativity … Inflation has slowed sharply, but it might not last for long … United Airlines is offering a new economy plus seating option that gets rid of the middle seat.
Wisdom Wednesday, part I
Wisdom Wednesday, part II
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