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Court Trebles TCPA Damages Against Debt Collector for Using Skip-Traced Numbers, Awards ~$300k

Even as courts are increasingly moving toward applying a narrow ATDS definition, the TCPA remains extremely dangerous—particularly in the Ninth Circuit where Marks holds sway. You won’t find many cases that better prove the point then Lamkin v. Portfolio Recovery Assocs., No. 2:18-cv-03071 WBS KJN, 2019 U.S. Dist. LEXIS 165820 (E.D. Cal. Sept. 25, 2019) where a court just trebled damages against a debt collector and entered a $298.5k judgment—at the summary judgment stage!

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You Oughta Know, 2 October 2019

Welcome to You Oughta Know, a collection of links from around the web that you should probably know about.

  • New SCOTUS petition: CFPB enforcement must be undone if agency is unconstitutional. "The drama over the constitutionality of the Consumer Financial Protection Bureau took another surprise turn on Monday, when a Mississippi payday lender, All American Check Cashing, filed a petition asking the U.S. Supreme Court to grant review of its constitutional challenge to the CFPB before the 5th U.S. Circuit Court of Appeals issues an opinion in the case." (Reuters)
  • Net neutrality court ruling: States can set own rules. "A federal appeals court on Tuesday issued a mixed ruling on the Federal Communications Commission repeal of Obama-era net neutrality rules. The court upheld the FCC's repeal of the rules, but struck down a key provision that blocked states from passing their own net neutrality protections." (CNET)
  • America's factories just suffered their worst month in a decade. "In the surest sign yet that the trade war is hurting the American economy, manufacturing activity contracted for the second month in a row in September, falling to a level not seen in 10 years." (CNN)


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Women in Consumer & Commercial Finance Conference 2019

11 December 2019 at 06:00 p.m.

Sharpen your leadership skills, expand your professional network and help improve your workplace culture when you attend Women in Consumer & Commercial Finance – a conference and networking event for ALL women in consumer & commercial finance.

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