M.D. Georgia Finds No Stand-Alone Defense for Relying on Debt Information Provided by Creditor

Earlier this month, the Middle District of Georgia (M.D. Georgia) reviewed whether a debt collector can avoid Fair Debt Collection Practices Act (FDCPA) liability by relying on the information provided by the creditor as a stand-alone defense -- as opposed to through the bona fide error defense. In Foster v. Franklin Collection Services, Inc., Case No. 5:17-cv-8 (M.D. Ga. Sep. 13, 2018), the court declined to recognize such a stand-alone defense.

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News and Opinion

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» Numeracle and NobelBiz Team Up to Provide Trusted Local Caller ID Management Solutions

» M.D. Georgia Finds No Stand-Alone Defense for Relying on Debt Information Provided by Creditor

» Ninth Circuit Takes Extreme Position, Holds That All Dialers That Call Automatically From Lists Are Subject to the TCPA

» Is It “Debt Collection” If You Never Asked For Money? U.S. Supreme Court to Review in October 2018 Term

» MyGovWatch.com Relaunches with Freemium Service Options

» Chairman Pai Responds to Republican House Representatives on TCPA, Agrees Clarity Needed

Answering the BIG Question: Did Marks Just Ruin the FCC’s TCPA Reform Efforts?

It has been an interesting time in TCPAland since ACA Int’l was decided in March. We’ve seen a number of decisions going different ways with respect to the continued viability of the 2003 and 2008 Predictive Dialer rulings. And while it was neat to keep score – and we did – it seemed like the current morass of ATDS rulings were mere holdover entertainment ahead of the real show– the FCC’s TCPA Omnibus II that will be unveiled soon (probably next month). That ruling, it seemed certain, would afford the TCPA a little ATDS bedrock and–at long last–end all the bickering in TCPAland.

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ARM-U 2018 Fall Semester: A Virtual Conference Series for Collection Industry Professionals

23 October 2018 at 01:00 p.m.

insideARM & the Compliance Professionals Forum present a virtual conference series where industry professionals gather to learn from experts focusing on critical topics & operational pressures. 

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Free Reports and Webinars

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» Optimize Collections Operations - Combat Call Blocking Technology and Improve Contact Strategies

» Optimizing Batch and Manual Skip Tracing: A Winning Formula

» 5 Key Steps to Remaining Efficient During a Disaster

» See just how much you can save (and gain) with digital collections

» The Business Case for Kiosk Bill Collection

» Meeting The Demands Of A Digital Economy Through Mobile Pay Solutions

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