Earlier this month the U.S. District Court for the Middle District of Florida granted Defendant’s motion for Partial Summary Judgment in Thomas Estrella v. LTD Financial Services, LP (LTD). The Plaintiff claimed that LTD placed calls to his cell phone using an ATDS without prior consent. LTD argued that it manually dialed those calls.
Western Union denied liability and contended that it had a number of affirmative defenses that would defeat Plaintiff’s claim. In spite of several strong potential defenses, Western Union still agreed to pay $8.5 million to make the case go away.
SAN FRANCISCO – LiveVox Inc., a leading provider of cloud contact center solutions for enterprise operations, announced it will host a webinar focusing on the discussions that emerged during insideARM’s October 2015 First Party Outsourcing Dummit session, “Impact of Latest FCC Ruling on Creditor In-House and Outsourced Contact Strategies”. The event will feature the Summit’s guest […]
FDCPA suits “unexpectedly [caught] fire this year, up more than 1200 suits (+14.5%) over this time in 2014,” according to Gordon. FCRA suits “works out to a dramatic +39% increase over this time last year,” and “TCPA’s YTD numbers have recovered due to the combination of a strong October and a weak few months at the end of 2014. Now up almost 200 suits (+8.7%) over this time last year, TCPA seems to have avoided the likelihood of a decline.” But none of this should be a surprise, so why is it?
Recent Telephone Consumer Protection Act (TCPA) developments have made it vital that collection agencies take a proactive, and sustainable, approach to managing contact consent, as well as revocation of that consent. The following list of questions may be helpful in considering where your process currently stands. Considerations Regarding Consent at the Originator How is consent […]
At oral argument, the justices were split along ideological lines, with the liberal justices siding with the plaintiffs and the conservatives siding with Campbell-Ewald. The conservative justices focused on judicial economy and practicality, emphasizing the lack of adversity arguably resulting in no need for judicial involvement because the plaintiff has been offered everything to which he or she could possibly be entitled. On the other side, the liberal wing took issue with the premise that Campbell-Ewald’s offer was for complete relief, pointing out that the plaintiff also asked for his attorneys’ fees. In response, Justice Scalia noted, “I suppose he could ask for the key to Fort Knox, right? If it’s a frivolous claim, I don’t see why the Court can’t dispose of that initially in connection with the mootness.”
Performant Financial Corporation (PFMT), historically one of the Department of Education’s (ED) top performing private collection agencies, yesterday announced financial results for its third quarter ended September 30, 2015. The company also hosted a conference call to discuss the results. Third Quarter Financial Highlights Total revenues of $38.5 million, compared to $39.6 million in the […]
Last week I wrote about the latest budget deal working through Congress, and its inclusion of a provision to allow those collecting federal student loans to call consumer cell phones using an autodialer (ATDS). That two-year budget has since passed the Senate Friday by a vote of 64 to 35, and was signed into law yesterday by President Obama. But you’re not going to want to turn on that autodialer just yet.
On October 23, 2015, a Third Circuit Court of Appeals decision gave TCPA plaintiffs additional ammunition supporting an expanded definition of an “ATDS.” This case highlights the potential exposure to businesses in TCPA litigation. The numbers are staggering.
The latest congressional budget deal includes a provision to let companies collecting federal student loans (or other debts guaranteed by the government) collectors call cellphones using auto-dialers. A welcome boon to (a select few) collectors that have contracts with the Department of Education amid a sea of recent bad news, the move also highlights the double standard in the way lawmakers treat government vs. private debt.