Home / Daily Digest / Daily Digest – July 17. Judge Denies MTD in TCPA Suit Over Collection Calls; Appeals Court Upholds 98% Reduction of Damages in TCPA Suit

Daily Digest – July 17. Judge Denies MTD in TCPA Suit Over Collection Calls; Appeals Court Upholds 98% Reduction of Damages in TCPA Suit

JUDGE DENIES MTD IN TCPA SUIT OVER COLLECTION CALLS ALLEGEDLY MADE WITH ATDS

  • A District Court judge in Oklahoma has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Telephone Consumer Protection Act by making collection calls using an automated telephone dialing system to the plaintiff’s cell phone after consent to do so had been revoked. 

APPEALS COURT UPHOLDS 98% REDUCTION OF DAMAGES IN TCPA SUIT

  • The Court of Appeals for the Eighth Circuit has affirmed a lower court’s ruling that dramatically reduced the amount awarded to plaintiffs in a class-action lawsuit alleging violations of the Telephone Consumer Protection Act because applying the statutory damage award of $500 per call in this case resulted in a “shockingly large amount” of damages that ultimately violated the Due Process clause of the Constitution. 

HOUSE COMMITTEE TO MARK UP STOPPING BAD ROBOCALLS ACT TODAY

  • The full House Committee on Energy and Commerce will meet this morning to mark up 26 different bills, and first on the list is the Stopping Bad Robocalls Act, a recently re-introduced bipartisan bill that, among other things, would give consumers the opportunity to opt out of receiving calls without the calling party ever knowing it had happened.

AGENCY CEO FILES COMMENT ABOUT PROPOSED DEBT COLLECTION RULE

  • It has not happened much, so it feels like news every time a representative of the credit and collection industry files a comment about the proposed debt collection rule from the Consumer Financial Protection Bureau.

FIFTH ORG. ANNOUNCES INFORMATION COMPROMISED IN AGENCY BREACH

  • Yet another healthcare company has announced the information of its customers may have been compromised in a breach at American Medical Collection Agency. On Monday, Clinical Pathology Laboratories, Inc., out of Austin, Texas, issued a press release that said the personal information of about 2.2 million of its patients may have been compromised.

TCN AND NUMERACLE ANNOUNCE NEW STRATEGIC PARTNERSHIP

  • TCN, Inc., a leading provider of cloud contact center technology for enterprises, contact centers, BPOs and collection agencies worldwide, today announced a new partnership with Numeracle™, the pioneer of robocall blocking, labeling visibility and control in the calling ecosystem.

WORTH NOTING: That is a really big jellyfish … Just saying, but I’ve never heard of anyone contracting a flesh-eating disease by swimming in a pool … Today is National Hot Dog Day … It’s also World Emoji Day … Is a four-day work week coming for you? … Leo will never escape being asked about whether Jack would have fit on the door … I wholeheartedly agree with this headline and can share I was exactly the same … Firefighters are the happiest workers in America.

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Daily Digest – August 20. Appeals Court Upholds Lower Court’s Summary Judgment Ruling for Defense in FCRA Case; Judge Denies MTD in FDCPA Suit Over Dispute Notice

APPEALS COURT UPHOLDS LOWER COURT’S SUMMARY JUDGMENT RULING FOR DEFENDANT IN FCRA CASE The Third …

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