According to filings yesterday in Georgia federal court, Wells Fargo Bank, N.A. (Wells) will pay approximately $16.3 million to end a proposed class action alleging it illegally used an ATDS to call customers’ cellphones without their consent.
Yesterday Oracle announced the launch of a new product of interest to the ARM industry: Oracle Banking Collections. insideARM has heard industry “gossip” over the past couple of years suggesting…
On June 24, 2016 a Pennsylvania District Court ruled that a plaintiff — a frequent litigant — who manufactured TCPA lawsuits had no standing to pursue her TCPA claims in Federal Court. This case is one of the first TCPA opinions to reference the Spokeo Supreme Court case.
Yesterday, the U.S. Supreme Court decided not to review a Second Circuit decision that found state usury laws applied to debt that had been purchased from a national bank. The case was significant for debt buyers, as it would have simplified decisions regarding applicable interest rates.
Pursuant to a motion filed in Florida federal court last Friday, JPMorgan Chase has agreed to pay $3.75M to resolve a proposed class action in alleging the bank autodialed cellphone numbers that were reassigned from former customers to new users who hadn’t agreed to receive calls.
insideARM has learned from multiple industry sources that the CFPB has scheduled the next step in debt collection rulemaking, the Small Business Regulatory Fairness Enforcement Act (SBREFA) hearing, for the week of August 22, 2016.
Is it acceptable to allege in court that a reasonably accurate credit record is, in fact, not accurate and therefore in violation of the FCRA? Nope. That’s according to U.S. District Court for the District of New Jersey Judge Renée Marie Bumb, who dismissed what she termed a “frivolous” lawsuit against Experian in the recent, twinned cases Glenn Williams v. Experian and Lorissa Williams v. Experian.
Both the FTC and the CFPB filed comments to the May 6, 2016 FCC Notice of Proposed Rulemaking related to the TCPA. We would have liked to have seen more specific suggestions, especially from the CFPB, which has been studying the topic for years now.
Last year, the TCPA statute was amended allowing an exemption for calls made to collect a debt owed to the United States. The amendment also directed the FCC to develop rules that “may restrict or limit the number and duration of calls made to a number assigned to a cellular phone service.” …But there are two possible interpretations of “duration of calls.”
Last week, ConServe, a leading private collection agency and federal contractor that provides services to the U.S. Department of Education and the U.S. Department of Treasury, filed comments to the FCC Notice of Proposed Rulemaking TCPA. The comments were thorough and well-reasoned. Unfortunately, the deck at the FCC is likely stacked against collectors.