Court Finds Predictive Dialers Not Covered by the TCPA– Contrary to Earlier Rulings by Different Judge In Same Court

As courts continue to address the definition of automated telephone dialing system (“ATDS”) within the Telephone Consumer Protection Act (“TCPA”) it was only a matter of time before we started seeing intra-district splits.  Last Friday, in a ruling deeply overshadowed by the Marks ruling,  the Hon. Kevin McNulty issued a ruling in the District New Jersey that is deeply and directly at odds with two earlier decisions entered by the Hon. Jerome B. Simandle of that same district. See the Grand Duchess’ article on those cases here.

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N.D. Illinois: Debt Buyer Cannot Collect Interest if Implicitly Waived by Original Creditor’s Actions; Finds Debt Buyer is Subject to FDCPA

Gomez v. Cavalry Portfolio Services, LLC et al., Case No. 14-cv-9420 (N.D. Ill. Sept. 24, 2018) is a court decision full of questions but not much analysis on some key issues. The case involved the statute of limitations, whether a purchaser of defaulted debt is a debt collector subject to the Fair Debt Collection Practices Act (FDCPA), and what happens to a subsequent creditor's right to collect interest if the original creditor stopped doing so after charge off. The insideARM perspective below discusses some gaps in this decision.

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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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