Daily Digest – September 4. Judge Grants Summary Judgment For Defendant in TCPA Case; Judge Denies Motion to Dismiss FDCPA Suit

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 GRANTS SUMMARY JUDGMENT FOR DEFENDANT IN TCPA CASE BECAUSE PLAINTIFF DID NOT OFFER PROOF ATDS WAS USED

• A defendant has had a motion for summary judgment granted in a lawsuit in which it was alleged to have violated the Telephone Consumer Protection Act by not ceasing to contact an individual, because the complaint did not provide enough evidence that an automated telephone dialing system was used to place the calls.

 

JUDGE DENIES MOTION TO DISMISS FDCPA SUIT OVER LANGUAGE IN LETTER

• “Just you wait until your father gets home,” was a common refrain for many kids growing up as mothers caught them engaging in some form of conduct that was not allowed, but decided to let dad take care of the punishment when he returned from a hard day at the office. A District Court judge in Florida has denied a collection agency’s motion to dismiss a lawsuit for allegedly violating the Fair Debt Collection Practices Act by informing an individual that if a payment was not received, the agency would refer the account back to the client, “recommending that further action be taken against you.”

 

JUDGE GRANTS SUMMARY JUDGMENT FOR AGENCY OVER CONFLICTING DATES IN SUMMONS, COMPLAINT

• A District Court judge in Nevada has granted summary judgment in favor of a collection agency that was sued for allegedly violating the Fair Debt Collection Practices Act because the communications cited as the alleged violation are not covered under the law.

 

CONNECTICUT ISSUES NO-ACTION LETTER REGARDING NEW LICENSING REQUIRMENT

• Per an update from ACA International, the state of Connecticut’s Department of Banking has issued a memorandum regarding a new law that is set to go into effect on Oct. 1, which requires all companies that have a license to conduct business in the state to conduct their business from inside a U.S. state.

 

STIRLING CAPITAL ADVISORS ACQUIRES NDSE DEBT-TRADING PLATFORM FROM CMAX

• Stirling Capital Advisors formally announces its acquisition of the NDSE debt-trading platform from CMAX Finance, LLC, formerly known as CreditMax.

 

DCM SERVICES CELEBRATES 20-YEAR MILESTONE

• DCM Services (DCMS), the industry leader in estate and specialty account recovery solutions, celebrates 20 years as an organization in 2018.Founded in 1998 as Balogh Becker, LTD., DCMS has become the leading estate recovery solutions provider for financial services, healthcare and telecom organizations. DCMS provides unmatched results to its customers by developing technologies that focus on compliance, performance and the customer experience.

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How to be a better listener

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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.