Daily Digest – November 5. Court Tosses ‘Frivolous’ Appeal, Grants Motion For Attorney Fees; Professional Plaintiff? Or Priest in Training? Or Both?

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.

 

COURT TOSSES ‘FRIVOLOUS’ APPEAL, GRANTS MOTION FOR ATTORNEY FEES AND DOUBLE COSTS TO AGENCY

• Not knowing when to quit is going to cost a plaintiff after the Tenth Circuit Court of Appeals ruled that an attempted appeal on a summary judgment ruling and jury award in favor of a group of collection agencies was “frivolous” and awarded one of the agencies attorney fees and double costs.

 

LAWSUIT TOTALS PLUMMET IN SEPTEMBER: WEBRECON

• Plaintiff’s attorneys and professional plaintiffs appeared to take vacations in September, filing significantly fewer lawsuits against collection agencies alleging violations of the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and the Fair Credit Reporting Act, according to data released on Friday by WebRecon.

 

PROFESSIONAL PLAINTIFF? OR PRIEST IN TRAINING? OR BOTH? 

• Is Andrew Perrong a serial plaintiff who owns up to eight phones and makes money suing companies — including collection agencies — for violating the Telephone Consumer Protection Act by contacting him without permission, or is he a student, studying to be a priest, who is merely fighting back against the scourge of robocalls?

 

CLOSED FOR-PROFIT UNIVERSITY PLACES SCHOLARSHIP DEBTS WITH AGENCY, RANKLING STUDENTS

• A collection agency may be on the receiving end of a barrage of disputes after a for-profit college that went out of business last month is looking to recover on scholarships it had offered to students.

 

WORTH NOTING: The mayor of North Ogden, Utah — a National Guardsmen — was killed in Afghanistan Saturday … The biggest campaign controversies of the midterm election cycle …The ultimate Harry Potter fan quiz … Why more rich people eat fast food … Two Secret Service agents ran the New York marathon yesterday to protect the president of Estonia … A new opioid that is 1,000 times stronger than morphine has been approved for use … Sully has some strong words about his feelings on the direction America is headed … The newest aircraft carriers were built without elevators to move bombs from below decks to be installed on fighter jets … How Applebee’s is using cheap booze to lure people into its restaurants … Why being quiet can help you sell more.

How the progress bar keeps you sane

Have Americans become too fragile?

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.