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FDCPA Violation Contrived by Consumer and Attorney? Doesn't Matter, N.D. Ill. Refuses to Find an “Unclean Hands” Defense for Debt Collector

A recent decision in the Northern District of Illinois (N.D. Ill.) suggests that even if the consumer and his or her attorney knowingly contrived a Fair Debt Collection Practices Act (FDCPA) violation, the debt collector is not entitled to a defense under the “unclean hands” doctrine. The legal theory of “unclean hands” suggests that a plaintiff who acted unethically or in bad faith in regards to the facts in the complaint should not be entitled to damages based on their own bad acts.

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First Party Summit early-bird pricing ends this week!

The First Party Summit is back - June 17-19. Meet future partners, learn from early adopters and explore emerging solutions at the Summit. It’s the industry’s premiere event for execs who need to crack the unique challenges of first party collections, outsourcing and customer care. Early bird discounts are now in effect. Click here to register and save $100 off of full price registration.


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More Media Outlets Push Out Misleading TCPA Articles Following John Oliver Video

It was inevitable after John Oliver’s witty but highly misleading hit piece on the TCPA. Even after the Czar’s thorough rebuke of the John Oliver bit, mainstream media outlets have followed with their own lightly researched and unintentionally misleading articles. Many simply repeat Oliver’s misleading claims, like these examples from Rolling Stone and Time. Others parrot data from the “robocall index” produced by call-blocking app maker YouMail that doesn’t actually track robocalls. The fake news is causing real harm, because false-TCPA narratives from interest groups get in the way of meaningful reform. And in the meantime, the inundation from true robocallers – mainly offshore spammers – continues.

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The First Party Summit - A New Kind of Conference

17 June 2019 at 06:00 p.m.

The industry's first-ever and only Summit focused totally on the unique challenges of First Party Collections, Outsourcing, and Customer Care.

Event Details »


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