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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.
APPEALS COURT OVERTURNS PARTIAL SUMMARY JUDGMENT IN FAVOR OF PLAINTIFF IN TCPA CASE
- The Court of Appeals for the Second Circuit has overturned a lower court’s partial summary judgment ruling that a defendant violated the Telephone Consumer Protection Act by using an automated telephone dialing system because the District Court relied on the 2015 Declaratory Order from the Federal Communications Commission, which has since been invalidated by an Appeals Court, and because “the district court’s analysis was based on an incorrect interpretation of the statutory text.” The case has been sent back to the District Court.
COLLECTION ATTORNEY ACCUSES JUDGES IN N.J. OF BIAS AGAINST DEBT COLLECTORS
- A debt collection lawyer in New Jersey has come out and whacked the legal system in his home state, accusing judges of bias. The lawyer, Michael Harrison, uses two cases that have been brought against him as evidence of judicial bias, claiming that judges “have ignored the purpose of the statute and continually penalize debt collectors for conduct that is not abusive or harassing, based solely upon the judges’ bias against this group of professionals.”
STATE AGs LOBBY AGAINST BILLS THAT WOULD UNDO MADDEN APPEALS COURT RULING
- A group of Democratic attorneys general have reached out to a handful of Senators in an attempt to lobby against a pair of bills that would allowing debt buyers to bypass state interest rate caps and undo an Appeals Court ruling which ruled that a debt buyer was not privy to the same pre-emption from state usury laws as the financial institution that originated the loan.
NAVIENT CEO RESPONDS TO CALIFORNIA AG’s LAWSUIT
- Navient has responded to an announcement from the attorney general of California that he plans to sue the student lending giant, as well as its due collection subsidiaries. Essentially, the company is being singled out as a scapegoat for “the failures of the higher education system” the company’s CEO said.
NEW VIRGINIA STUDENT LENDING COLLECTION LAW GOES INTO EFFECT
- A new law went into effect on July 1 in Virginia related to the collection of student loans. HB 165 was sponsored by Delegate David Yancey, a Republican. It was introduced last December and was signed into law by Virginia Gov. Ralph Northam in April. The bill was one of more than a hundred new laws that took effect in Virginia on July 1.
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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.
