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LiveVox HCI is Still Not an Autodialer, So Stop Asking (Collins v. National Student Loan Program, 2018 WL 6696168 (D.N.J. Dec. 20, 2018)):

On December 20, 2018, the District of New Jersey re-confirmed prior opinions saying LiveVox HCI is not an ATDS under the TCPA.  "Although LiveVox HCI's level of human intervention may seem minimal, every court to examine this issue has held that the clicker agent's role prevents the system from qualifying as an ATDS under the statute...Defendant's HCI system does not constitute an ATDS under the TCPA because the system cannot initiate calls without manual human intervention by a clicker agent." 

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Dangerous Decision: Second Circuit Confirms FDCPA Strict Liability Standard for Misrepresenting Debt

Last Friday, July 24, the Second Circuit released Vangorden v. Second Round, Limited Partnership.  In short, the Second Circuit reversed the lower court's (E.D. NY) decision and held that debt collectors will be held strictly liable for misrepresenting an incorrect debt regardless of the initial notice a consumer receives.

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On April 3, 2018, Oregon's governor signed S.B. 1553 which makes an important clarification to the debt buyer law passed last year.  The amendment confirms that the debt validation requirement only applies to debt buyers and debt collectors collecting purchased debt; the validation requirement does not apply to collectors servicing debt on behalf of the original/pre-default creditor.

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Safe Harbor Language Is Not Always Safe

The Seventh Circuit recently ruled that a strict recitation of the long relied-upon safe harbor language the Court provided in Miller v. McCalla may not be so safe. 

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Call Me Maybe: TCPA Permits Partial Revocation of Consent

In Schweitzer v. Comenity Bank, the 11th Circuit concluded the TCPA permits a consumer to partially revoke her consent to be called with an automatic telephone dialing system (ATDS).

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New Pre-Suit Right to Cure Requirement in West Virginia

The West Virginia legislature recently amended the state version of the FDCPA to require plaintiffs to issue a pre-suit grievance before filing a lawsuit under the act.  The provision is very creditor and debt collector friendly.  The amendment became effective July 5, 2017.

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Supreme Court Concludes That Debt Purchasers Attempting to Collect on Purchased Debt Are Not

In a unanimous 9-0 decision, the United States Supreme Court ruled this morning that "individual[s] and entities who regularly purchase debts originated by someone else and then seek to collect those debts for their own account" are not a "debt collector" under the FDCPA. 

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It Is Time To Think Twice Before Trying To Collect Time-Barred Debt.

The Seventh Circuit has raised the bar yet again for any debt collector trying to collect a debt that may be time-barred.

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Wake Up Call! CFPB's Dream is a Debt Collector's Nightmare.

On July 28, 2016, the CFPB released its Outline for Proposals Under Consideration for Debt Collector Rules.  The "outline" is 117 pages of CFPB dreams for the debt collection industry.  If those dreams come true, debt collectors (and their clients) are in for some real implementation nightmares.

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U.S. Supreme Court calls into question federal jurisdiction over harmless statutory violations.

On May 16, 2015, the U.S. Supreme Court issued an opinion casting doubt on the continued viability of the long-held assumption that federal courts have jurisdiction whenever a consumer alleges the defendant violated a federal consumer law statute, no matter how minor or technical the violation.

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