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Another Court Refuses to Defer to FCC’s Express Consent Ruling in TCPA Case

A district judge in New York this week certified a class action TCPA case against a debt collection agency where the defendant argued it had express prior consent to call a cell phone because the plaintiff had provided that number to the creditor. The ruling referenced and ignored an FCC order that allowed for autodialed calls to cell phones with express consent.

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CFPB and FTC Launch Actions Against Different Payday Lenders; Debt Sales Implicated

The FTC and the CFPB both announced enforcement actions Wednesday against separate payday lenders for very similar behavior, namely funding unapproved loans for consumers who did not request them and then taking payments directly from checking accounts, also without approval. And for questionable debt sales and collection practices, of course.

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CFPB Sues For-Profit College for FDCPA Violations and Predatory Loan Program

The Consumer Financial Protection Bureau (CFPB) said Tuesday that it has sued for-profit college operator Corinthian Colleges, Inc. for creating a loan program that was so complicated in structure, it actually exposed Corinthian to liability under the FDCPA as a collection agency. The company is also accused of a host of other financial violations.