Daily Digest

DEFENSE DID NOT WAIVE ARBITRATION RIGHTS BY ANSWERING FDCPA SUIT, JUDGE SAYS A District Court judge in Illinois has ruled that a group of defendants did not waive their right to compel arbitration because they spent four months defending themselves against a lawsuit that alleged they violated the Fair Debt …

APPEALS COURT VACATES AWARD IN FDCPA CLASS ACTION The Sixth Circuit Court of Appeals has vacated a lower court’s ruling in favor of plaintiffs in a class action who were awarded $3,662 in damages and their attorneys who were awarded $180,000 after the court ruled the defendant violated the Fair …

GETTING TO KNOW RENEE HULETT OF RECOVERY MANAGEMENT SOLUTIONS Renee Hulett has only been in the consumer collections world for a couple of years, but she has definitely picked up some good habits, which probably explains why she is moving up the ladder. And she makes it sound like everyone …

SIXTH CIRCUIT UPHOLDS MSJ FOR DEFENDANT IN FDCPA CASE OVER DISPUTED DEBT The Court of Appeals for the Sixth Circuit has upheld a summary judgment ruling in favor of a defendant that was sued for allegedly violating the Fair Debt Collection Practices Act because it did not provide the proper …

JUDGE GRANTS MSJ FOR DEFENDANT IN TCPA CASE OVER CALLS TO REASSIGNED NUMBER A District Court judge in Massachusetts has granted a defendant’s motion for summary judgment after it was sued for allegedly violating the Telephone Consumer Protection Act by placing calls to a cell phone number that had been …

SUPREME COURT TO HEAR ARGUMENTS IN TCPA COLLECTION CASE The Supreme Court on Friday announced it had granted a petition from the U.S. government to hear arguments in a Telephone Consumer Protection Act case regarding an exemption that allows companies collecting debts on behalf of the federal government to contact …

CALIFORNIA TO CREATE OWN CFPB; REPORTS SPECIFICALLY MENTION DEBT COLLECTION OVERSIGHT Gavin Newsom, the governor of California, is expected to announce a proposal today that would create a state-version of the Consumer Financial Protection Bureau in The Golden State, joining a growing number of other states that are ramping up …

GETTING TO KNOW DERRIK GARHART OF PROFESSIONAL FINANCE COMPANY Derrik Garhart sounds like he would be a lot of fun to hang out with. Just make sure not to bother him when he’s watching football on Sunday, especially his beloved Raiders. Like many in the industry, Derrik has worked his …

JUDGE AWARDS PLAINTIFF’S ATTORNEYS HALF OF WHAT WAS REQUESTED IN FDCPA CASE A District Court judge in Missouri has determined the amount of attorney fees to be paid to the plaintiff’s lawyers following the settlement of a Fair Debt Collection Practices Act lawsuit to be 53% lower than what the …

PLAINTIFF FILES FDCPA CLASS ACTION OVER ALLEGEDLY CONFLICTING STATEMENTS IN SUMMONS, AFFIDAVIT A consumer is alleging the purchaser of a defaulted credit card account and the law firm it hired to file a lawsuit against the consumer to collect on the unpaid debt violated the Fair Debt Collection Practices Act …