Daily Digest – September 17. Judge Rules Defendant Should Have Taken Cancer Diagnosis into Account When Calling About Unpaid Car Loan; Fla. Appeals Court Rules Consumer Entitled To Attorney’s Fees For Winning 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 RULES DEFENDANT SHOULD HAVE TAKEN PLAINTIFF’S CANCER DIAGNOSIS INTO ACCOUNT WHEN CALLING ABOUT UNPAID CAR LOAN

• A federal judge in New York has denied a motion for summary judgment filed by a defendant in a Telephone Consumer Protection Act lawsuit, ruling that the claim survives the death of the plaintiff and that the defendant’s knowledge of the plaintiff’s diagnosis of terminal cancer potentially caused an intentional infliction of emotional distress.

 

FLORIDA APPEALS COURT RULES CONSUMER ENTITLED TO ATTORNEY’S FEES FOR WINNING COLLECTION SUIT

• A Florida Appeals court has overturned a lower court’s decision and remanded a case back to a state court after ruling that an individual who was sued by a collection agency can recover her attorney’s fees because she fought off an account stated lawsuit.

 

LAW FIRM NOTES PLAINTIFFS NOW USING LACK OF ARTICLE III STANDING TO AVOID FEDERAL JURISDICTION

• From TCPAland.com comes the identification of a new trend: individuals which had originally filed suit against a company in state court, only to have the defendant seek to have the case removed to federal court — ideally to use the lack of Article III standing as a means of having the case dismissed — are seeking to have the case moved back to state court because the defendant can not establish the plaintiffs had Article III standing.

 

ICL ENGAGES WITH PUBLIC AFFAIRS GROUP TO RE-BRAND COLLECTIONS INDUSTRY

• The Institute for Collections Leadership, a group of large collection agencies, has retained a public affairs firm to help re-brand the collections industry in the eyes of the media, regulators, lawmakers, and thought leaders from across the financial services industry and beyond.

 

WORTH NOTING: Baby aspirin does not help fight heart attacks, cancer or dementia, according to a new study … Five baby squirrels got their tails tangled up and couldn’t get unstuck … This “Weather Channel” reporter got called out for faking a struggle to fight against the winds of Hurricane Florence … The makers of WD-40 spared no expense in making sure their secret formula stays secret … An NFL player decided to retire at halftime yesterday … Photos and videos that show the devastation of Hurricane Florence … Why you’re likely to get a text from President Trump this week … Cape Cod had its first shark fatality in more than 80 years this weekend … Have you heard of micro-cheating?

This painting could break auction records

Is it a pool? A balcony? Yes

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.