Home / Daily Digest / Daily Digest – May 16. Third Circuit Breaks Away in Saying When FDCPA Statute of Limitation Starts; District Court Rules Predictive Dialer is ATDS Because FCC Orders Survive ACA Ruling

Daily Digest – May 16. Third Circuit Breaks Away in Saying When FDCPA Statute of Limitation Starts; District Court Rules Predictive Dialer is ATDS Because FCC Orders Survive ACA Ruling

The Daily Digest is sponsored by Beam Software. A Microsoft Gold Certified Partner, Beam is a thought leader in portfolio management and collection software. They offer both cloud-based and on-premise solutions to accommodate the entire collection continuum. For more information, please visit www.beamsoftware.com or call (800) 212-2326.

 

THIRD CIRCUIT BREAKS AWAY FROM SISTER CIRCUITS IN SAYING WHEN FDCPA STATUTE OF LIMITATIONS STARTS

  • The Court of Appeals for the Third Circuit has broken away from two other Appeals Courts in ruling that the statute of limitations under the Fair Debt Collection Practices Act starts when the violation occurs, not when it is discovered, according to a ruling it issued following an en banc hearing. The Court of Appeals upheld a District Court’s ruling in this case.

 

DISTRICT COURT RULES PREDICTIVE DIALER IS ATDS BECAUSE FCC ORDERS SURVIVE ACA RULING

  • A judge in the District Court for the Southern District of Florida has partially granted a summary judgment in favor of a plaintiff who sued a collection agency alleging violations of the Telephone Consumer Protection Act because the automatic telephone dialing system used by the agency qualifies as an autodialer, even though it did not have the capacity to generate random or sequential numbers.

 

SUBPRIME AUTO LOAN DELINQUENCY RATES CAUSING CONCERN

  • Subprime auto loan borrowers are defaulting at a higher rate than during the financial crisis, according to a published report. The 60-day delinquency rate on subprime auto loans is at its highest point since 1996, according to Fitch Ratings.

 

TV STATION IN UTAH BUYS — AND FORGIVES — $1.4 MILLION OF MEDICAL DEBT

  • A television station in Utah has joined a growing chorus of other stations in organizing drives to raise money as a means of buying, and forgiving, medical debts. This time, KUTV spent $12,500 to purchase $1.4 million of medical debt, and sent those individuals notices that the debts have been forgiven.

 

FTC TO CONTINUE EMPHASIZING DEBT COLLECTION ENFORCEMENT

  • Echoing comments made by Thomas Pahl at RMA International’s conference earlier this year when he was still at the Federal Trade Commission, another FTC employee has said that the agency will continue to focus its enforcement activities on deceptive debt collectors. Speaking at a conference in Dallas, Jim Elliott, the FTC’s assistant regional director for the Southwest region, said that the FTC will go after the worst of the worst when it comes to ferreting out bad actors in the ARM industry.

 

ADVOCATES IN COLORADO PUSH FOR PAYDAY LOAN RATE CAP

  • A group of consumer advocates in Colorado have cleared their last legal hurdle toward having a ballot initiative added that would seek to establish an interest rate cap on payday loans made in the state. The state’s Supreme Court recently dismissed a challenge from payday lenders, clearing the way for a coalition of advocates to try and gather the 98,492 signatures needed to have their measure added to the November ballot.

 

 

WORTH NOTING: A professional golfer’s wife was arrested for allegedly beating up his mother … How to make your morning cup of joe healthier … Cities in the Midwest that will pay you to relocate so you can work there … Even same-sex couples can fall back on old stereotypes once the kids arrive … A startup is trying to provide high-speed Internet at a fraction of the cost … The average home price is now back above where it was 10 years ago before the housing market crashed … What the average American spends on housing … A five-minute yoga routine you can do at your desk that will improve your brain power … The new discounts that Amazon Prime members can get at Whole Foods … A profile of Ajit Pai, the “nemesis” of net neutrality … The story of what these parents California did to their kids is just unreal.

Let’s go deep today: Will there ever be world peace?

And let’s go shallow: my service animal is a dinosaur

The Daily Digest is sponsored by Beam Software. A Microsoft Gold Certified Partner, Beam is a thought leader in portfolio management and collection software. They offer both cloud-based and on-premise solutions to accommodate the entire collection continuum. For more information, please visit www.beamsoftware.com or call (800) 212-2326.

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