Daily Digest – August 12. FCC Issues Final Autodialer Rule; Appeals Court Split on Out-of-Statute Collection in BK Cases

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FCC ISSUES FINAL RULE ALLOWING USE OF AUTODIALERS TO CONTACT MOBILE PHONES FOR FEDERAL DEBT COLLECTIONS

  • The Federal Communications Commission has issued the final rule which amends the Telephone Consumer Protection Act to allow the use of autodialers to contact the mobile phones of individuals with delinquent debts that are owed to or guaranteed by the federal government, such as student loans. The rule was created as part of last year’s budget and had been in the works for months. ACA International has a summary of the rule and how it is to be applied. The Washington Post has a timeline of the rule’s enactment and reaction from both sides of the debate.

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APPEALS COURT RULES TRYING TO COLLECT ON OUT-OF-STATUTE DEBT IN BANKRUPTCY IS NOT FDCPA VIOLATION

  • The Seventh Circuit Court of Appeals was divided this week in ruling on three consolidated cases that claimed violations of the Fair Debt Collection Practices Act when attempts were made to collect on out-of-statute debts that were part of a Chapter 13 bankruptcy proceeding. In each of the cases, the collector filed a proof of claim which was objected to by the debtors, who subsequently sued. The district courts in the three cases each ruled in favor of the collectors.

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How not to get stuck in traffic

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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. 

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COLLECTOR FACING CLASS ACTION FOR NOT ITEMIZING DEBT IN MVN CORRECTLY We have seen plenty …

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