Bad Faith FDCPA Case Leads to Win for Defendant

The underlying putative class action complaint was filed in state court and removed by the defendants who then filed a motion to dismiss. The District Court granted the unopposed motion to dismiss and the subsequent motion for reconsideration filed by the plaintiff. The motions were granted due to the fact that, “Counts I through V are clearly barred by the FDCPA’s one-year statute of limitations and Count VI is insufficient to sustain a common law negligence claim and is additionally precluded by Missouri’s economic loss doctrine.” Id. at *2.

Today's News and Opinion

The Quarterly Review – Keys to Sustaining Revenues, Tips for Your BOD and Investors, M&A and CFPB Update April 18, 2014 Mike Bevel
Weekend Reading: Elizabeth Warren Has a Memoir April 18, 2014 Mike Bevel
DBA International’s Introductory Survey Course on Debt Buying Available 24/7 Online April 18, 2014 insideARM.com
Pa. Judge: Consumers Must Know Their Right to Challenge a Debt April 17, 2014 Stephanie Levy
TECH LOCK, Inc., American Collectors Association of Texas Educational Foundation partner to “Secure” an Education April 17, 2014 insideARM.com
April 17, 2014 Mike Bevel
Disclosures Likely Necessary When Recording Cell Phone Calls to Consumers in California April 17, 2014 Mike Bevel
Interactive Intelligence to Host “Pitfalls of TCPA” Industry Web Event April 17, 2014 insideARM.com
CFPB’s Email Notification for Debt Collection Complaints Portal Still Working Out Kinks April 16, 2014 insideARM.com
Bipartisan Plan to Privatize Tax Collection Hits Opposition April 16, 2014 Stephanie Levy
Using an Intermediary in a Third-Party Sale April 15, 2014 Mike Ginsberg

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Using an Intermediary in a Third-Party Sale

TCPA Compliance and Operational Strategies

How to Maximize Collections with TCPA Compliance: Best Practices for Agencies and Creditors

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Debt Buyers: The Search to Meet New Requirements in Debt Sales

The Ultimate in Innovation: Real Answers for Working Smarter

Reasons to Tap into Contact Management Systems for Accounts Receivable

Utilizing Artificial Intelligence to Ensure Right Party Contact

insideARM Poll

From a recent Top Story, we learn that a case in California may dictate how collection agencies interact with consumers around call recordings. We wanted to check in with readers, via anonymous poll, to see what the widespread practice currently is.

If you’re looking for insight into best practices around phone calls, voicemail, Foti, etc., we recommend our To the Point: Voicemails and Foti. It distills the latest legal thinking for quick review.