Daily Digest

GETTING TO KNOW KENNETH PECK OF RGS FINANCIAL There are people who view their jobs as jobs and there are people who view their jobs as callings. Kenneth Peck definitely falls into the latter description. Even though his start in the industry might have been fortuitous, Kenneth has found his …

JUDGE GRANTS MOTION FOR DEFENDANT IN ‘ORIGINAL CREDITOR’ FDCPA CASE A District Court judge in Washington has granted a defendant’s motion for judgment on the pleadings after it was sued in a class action for violating the Fair Debt Collection Practices Act because it allegedly did not reference the name …

U.S. GOES AFTER TELECOM COMPANIES FOR AIDING ROBOCALL SCAMMERS For the first time, the U.S. government has filed lawsuits against alleged perpetrators of robocalls, seeking restraining orders to stop them from facilitating more fraudulent phone calls. APPEALS COURT AFFIRMS DISMISSAL OF FCRA CLAIMS FROM BOTH PLAINTIFF & DEFENDANT The Court …

APPEALS COURT EXPANDS ATDS DEFINITION UNDER TCPA The Court of Appeals for the Eleventh Circuit has offered a lesson in grammar and statutory construction to set the record straight — at least within the boundaries of its judicial realm — on what defines an automated telephone dialing system within the …

CFPB ISSUES POLICY STATEMENT ON WHAT CONSTITUTES ‘ABUSIVE’ PRACTICE The Consumer Financial Protection Bureau on Friday announced a “common-sense framework” for how it will define abusive actions under the Dodd-Frank’s prohibition against Unfair, Deceptive, or Abusive Acts and Practices. APPEALS COURT VACATES ARBITRATION AWARD TO DEAL WITH STANDING The Court …

BILL INTRODUCED IN N.J. TO RESTRICT HEALTHCARE COLLECTION EFFORTS A bill has been introduced in the New Jersey legislature that would require healthcare facilities to wait until at least 90 days after a patient has been first billed for services and require those facilities to provide specific repayment options before …

GETTING TO KNOW CAMILLE LINDSEY OF ACCOUNT MANAGEMENT RESOURCES While Camille Lindsey may not have grown up wanting to work in the collections industry, she knew she had found a home once it happened. Quickly moving up the ranks at the agency she works at in Oklahoma City, Camille is …

APPEALS COURT OVERTURNS SUMMARY JUDGMENT IN FDCPA CASE OVER CREDITOR NAME IN LETTER The Court of Appeals for the Seventh Circuit has reversed a lower court’s summary judgment award in favor of a defendant and instead remanded the case back for summary judgment in favor of a plaintiff who sued …

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 …