Home / Daily Digest / Daily Digest – May 9. Judge in Different Circuit Uses Reyes to Rule in Favor of Defendant in TCPA Case; Defunct Agency Sentenced in Bribery Case

Daily Digest – May 9. Judge in Different Circuit Uses Reyes to Rule in Favor of Defendant in TCPA Case; Defunct Agency Sentenced in Bribery Case

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.

 

JUDGE IN DIFFERENT CIRCUIT USES REYES TO RULE IN FAVOR OF DEFENDANT IN TCPA CASE

  • A District Court judge in Ohio has ruled that an individual can not orally revoke consent to be contacted under the Telephone Consumer Protection Act if the consent was granted as part of a contract. The ruling is significant because it applies a precedent from another Circuit, which opens the door for the ruling to be applied in a new part of the country.

 

DEFUNCT AGENCY SENTENCED IN BRIBERY CASE; FORMER EMPLOYEE FACING SENTENCING LATER THIS MONTH

  • A now-defunct California collection agency was sentenced on Monday to pay a $350,000 fine and forfeit nearly $950,000 after engaging in a scheme to pay bribes to an official in Arizona in exchange for confidential information.

 

CORDRAY WINS PRIMARY, WILL FACE OFF IN CLOSELY WATCHED BATTLE FOR OHIO GOVERNOR

  • Richard Cordray, the former director of the Bureau of Consumer Financial Protection (it was called the Consumer Financial Protection Bureau when he ran it) won the Democratic gubernatorial primary in Ohio yesterday and will run against Mike DeWine for governor of the state in November.

 

CFPB OFFICIALS TALK ABOUT TRANSITION, ENFORCEMENT ACTIVITIES

  • A pair of senior officials from the Bureau of Consumer Financial Protection spoke on a panel earlier this week at the Practicing Law Institute’s Consumer Financial Services Institute. The panel was moderated by Alan Kaplinsky of Ballard Spahr and included Chris Willis, who heads the firm’s consumer financial services litigation and enforcement practice.

 

SUPPLY OF DEBT AVAILABLE FOR SALE HELPS FUEL GROWTH AT ENCORE CAPITAL

  • More debt portfolios available for sale are fueling growth at Encore Capital Group, which reported its first quarter earnings yesterday. The company’s chief executive also said the the “favorable” buying conditions will continue “for some time. The company had net income of $21.8 million during the first three months of 2018, down from $22.1 million a year ago

 

PERFORMANT REPORTS 1Q FINANCIALS

  • Performant Financial Corp. yesterday reported first quarter net income of $8.5 million, up from a loss of $3 million during the same period a year ago. The company also reported revenue of $57 million, up from $33 million last year.

 

ACA INTERNATIONAL HIRES FEDERAL ADVOCACY DIRECTOR

  • ACA International has hired Leah Dempsey as vice president and senior counsel of federal advocacy. Dempsey most recently worked for the Credit Union National Agency, a trade group for credit unions, as senior director of advocacy and counsel.

 

MATT THOMAS JOINS PDCFLOW PRODUCT MANAGEMENT TEAM

  • PDCflow team member Matt Thomas has stepped into a new role. The former customer success administrator will be the newest addition to the payment management software’s Product Management team.

 

WORTH NOTING: Four takeaways from Primary night … The impact of President Trump’s decision to back out of a deal with Iran over nuclear weapons … The five things you need to do to buy a car … The bad business buzzwords you need to stop using right now … Google wants to cure you of your addiction to your smartphone … The number of pedestrian traffic fatalities is spiking and smartphones are being blamed … The smartphone you use could determine whether you are approved for a loan … A significantly larger number of Americans are more anxious than they were a year ago … Is this the opposite of a robocall? … The world’s most powerful people.

How “real talk” can elevate a company’s culture

Can you solve the false positive riddle?

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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Daily Digest – Sept. 11. Judge Grants MTD in FDCPA Case Over Misstated Amounts in BK Claim; Judge Signs Off on $267M Judgment Against Collector in TCPA Case

JUDGE GRANTS MTD IN FDCPA CASE OVER MISSTATED AMOUNTS IN BK PROOF OF CLAIM A …

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