Daily Digest

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 …

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 …