Daily Digest – May 23. Jury Awards $38 Million Judgment Against Collector; State Appeals Court Calls For TCPA Review

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JURY AWARDS $38 MILLION IN CLASS-ACTION LAWSUIT AGAINST LVNV FUNDING LLC

• A $38 million judgment has been awarded to nearly 1,600 participants in a class-action lawsuit against LVNV Funding LLC. According to a published report, it appears that the company may have been garnishing bank accounts and collecting debts Maryland without a license. Ronald Canter, who represented LVNV, said the company was planning to appeal the decision. Attorneys representing the plaintiffs said they asked not just to have the money that was garnished returned, but any profits that LVNV made by investing that money.

APPEALS COURT ISSUES NOTICE CALLING RE-EXAMINATION OF TCPA TO END PROLIFERATION OF LAWSUITS

• A panel of state appellate judges in Illinois have issued a call to end the proliferation of lawsuits filed by professional plaintiffs and plaintiffs’ attorneys, alleging damages and breaches of the Telephone Consumer Protection Act. “We must express our concern with the policies implicated by the proliferation of TCPA class actions,” the justices wrote. “These cases are not about how insureds face ruinous liability … they have everything to do with compensating the lawyers of the class.” The case in question involved sending junk faxes, but the language and precedent, even on a state level, may be a step in the right direction.

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The Daily Digest is sponsored by TCN, a leading provider of cloud-based call center technology for enterprises, contact centers, BPOs, and collection agencies worldwide.