Unfortunately, you have completely missed the mark. In your desire to end “robo-calling” you have dramatically injured and hindered many legitimate businesses, including every legitimate company in the ARM industry.
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Yesterday insideARM reported on an Eleventh Circuit Court of Appeals Decision confirming the validity of prior express consent in a TCPA case. This case and another one today in this article should be read together for an excellent discussion on the issue of “prior express consent.”
Last week the CFPB, jointly with the FTC, filed an amicus brief with the U.S. Court of Appeals for the Third Circuit in Bock v. Pressler & Pressler, LLP. In the case a U.S. district court previously ruled that a debt collection law firm violated the Fair Debt FDCPA by filing a complaint without “meaningful attorney involvement.”
On August 5, 2016 the Second Circuit Court of Appeals ruled that a New York City law intended to prevent law firms that also work as debt collectors from engaging in abusive practices does not infringe on the state’s authority to regulate the legal profession.
In a seemingly endless debt collection pre-rulemaking process, John McNamara from the CFPB’s Division of Research Markets & Regulations has circulated a questionnaire with approximately 60 questions to a random sample of debt collection firms and service providers. This is part of the so far nearly two-year debt collection rulemaking process.
The U.S. Court of Appeals for the Third Circuit recently held, in a matter of first impression among all of the Courts of Appeals, that a debt collector bears the burden of proving that a communication with a third party falls within the exception for location information contained in subsection 1692b of the federal FDCPA.
The CFPB has ordered Springstone Financial to provide $700,000 in relief to victims of deceptive credit enrollment tactics, stating that many consumers who signed up for Springstone’s deferred-interest loan product at dental offices to pay for dental work were led to believe that the product was interest free. In fact, interest accrued from the date of the consumer’s purchase and was charged if the balance was not paid in full before the promotional period ended. Turns out this is a lesson in training, monitoring, and UDAAP violations.
Having a plan in place for how your company will manage collections of deceased account holders will go a long way toward making sure this delicate situation is handled with extra care. It is important to note that the baby boomer generation is far more credit savvy, and will expect there to be a disciplined process around this inevitable event. Additionally, it is essential that your plan is well thought out, and in compliance with regulations.
On Monday July 27, 2015 Hanna filed a “Motion to Certify [the case] for an Interlocutory Appeal.” An interlocutory appeal an appeal of a specific ruling by a trial court, and asks an appellate court to review a significant aspect of the case before the trial has concluded. This is an extraordinary action, as courts prefer a case proceed to conclusion on its merits and do not like to break up litigation into multiple parts.
Attorney Helen Mac Murray of Mac Murray, Petersen & Shuster LLP (MPS) and Attorney General Consultant to DBA International, has once again been selected for inclusion in The Best Lawyers in America® in the field of Government Relations Practice. This is Mac Murray’s second year in a row receiving this distinctive recognition. Since it was […]
Once again, a law that was never really meant to affect the ARM industry is having a considerable affect on the ARM industry. This is not an issue of collection agencies opposing consumer protections. Just the opposite, in fact.
This week the CFPB released its second Monthly Complaint Report. This month’s focus is credit reporting. Last month was debt collection. What’s interesting is the significant difference from a supervisory/enforcement standpoint between these two markets.
The U.S. Department of Education (ED) Private Collection Agency (PCA) program remains an opportunity for small businesses despite recent wrangling over five contractor suspensions in March and a bid process for large (“unrestricted”) contractors still incomplete after two years. Goals have gone up over the last two years, with ED’s prime and subcontracting goals now at 20% and 33%, respectively.
DBA International announced a major update to its Code of Ethics which was adopted at its August 13, 2015 Board Meeting. The comprehensive update adds clarity to the industry’s rigorous ethical standards while seamlessly integrating the consumer protections contained in DBA International’s Receivables Management Certification Program.
Sentry Credit Inc., a nationally licensed Accounts Receivable Management (ARM) Company based in Everett WA, announces the acquisition of West Coast Adjustors, a collection agency that has been servicing the medical community for over 33 years. Co-founder James L Stewart stated “We couldn’t be more proud to represent the West Coast Adjusters brand”. Former owners […]
Yesterday Encore Capital Group (ECPG), an international specialty finance company with operations in eight countries, reported its financial results for the second quarter of 2015 ending June 30, 2015. Second Quarter Highlights Gross collections from the portfolio purchasing and recovery business grew 7% to a record $437 million, compared to $409 million in the same period […]
Performant Financial Corporation (PFMT), one of the Department of Education’s Private Collection Agencies, yesterday announced financial results for its second quarter ended June 30, 2015. The company also offered predictions about the ED contract.
In an order published last week United States District Court Judge Michael M. Anello from the Southern District of California denied Plaintiffs motion for class action certification in the case of Linda Blair, Diane Deal, and Shannon Collins v. The CBE Group, Inc. (CBE) (13cv134-MMA).
Kansas City, MO – Firms in the legal, collection and investigative industries will soon have a fast, easy and cost-effective way to search for real estate data online. Parceldocs.com plans go live beginning on September 15, 2015, allowing members to search nationwide for property ownership by name or address. Documents related to the properties, such […]
ROCKVILLE, MD – Yesterday the Consumer Relations Consortium (CRC) submitted comments in response to the Consumer Financial Protection Bureau’s (CFPB) request for information (RFI) on complaint data normalization. The CRC is a group of more than 20 Larger Market Participants (LMP) in the debt collection industry who proactively engage with regulators and consumer advocacy groups […]
CEDAR FALLS, Iowa – Giving back is a cornerstone of the culture at business process outsourcer, CBE Companies. Giving back feels good, increases employee engagement and serves as a hallmark of a responsible corporate citizen. When you hear immediate appreciation from those who benefit, it provides another level of gratification. Casual for a Cause, an […]
AUGUSTA Ga. – Contract Callers Inc. (CCI), a leading provider of debt collection and call center services in the utility, telecom, financial services, and government sectors, has deployed Interaction Collector (formerly the Latitude software suite) from Interactive Intelligence. Interaction Collector provides comprehensive payment processing, credit reporting, dispute resolution, workflow and client reporting tools. “Interaction Collector’s […]
In the latest episode of the Debt Collection Drill, attorneys John Rossman and Mike Poncin break down the law changes in New York, Illinois, and Maine, and provide practical guidance for compliance and avoiding pitfalls.
Using historical industry data, Kaulkin Ginsberg projects the total revenue and bad debt levels for the health insurance market through 2019.
In a decision issued on August 19, 2015, Magistrate Judge Howard R. Lloyd of the U.S. District Court for the Northern District of California ruled that “human intervention” defeated a claim that a strip club contacted a consumer using an ATDS in violation of the TCPA. This may be the first time in the history of this publication that we have highlighted a case involving a strip club. However, regardless of the type of business, the case is relevant to the industry.
According to a monthly report by Webrecon, FDCPA litigation is up 17.5% YTD over the same period in 2014, with 6,888 cases filed through the end of July compared to 5,862 for the same period last year. FCRA cases also increased YTD compared with last year, by 26.8%. TCPA are still down for the YTD comparison, […]
Since 1977 John Schanck, Chairman of Stellar Recovery, has been in the debt recovery business and has seen just about every technological advance in the industry. From automated collection systems to auto-dialers to emailing, the application of technology has proliferated through the $14 billion a year industry. But it was only after reading an article about “big data” […]
This update was provided to us by Cornerstone Support. On August 11, 2015 the Commonwealth of Massachussetts Division of Banks released this memo: To the Chief Executive Officer Addressed: RE: The Division of Banks Issues its Fourth Round of Results from its Regulatory Review Initiative One of the key objectives for the Division of Banks […]
On Thursday of last week, the Eleventh Circuit Court of Appeals issued a decision in Murphy v. DCI Biologicals Orlando, LLC, confirming the validity of ‘Prior Express Consent” in a TCPA case. The plaintiff in a putative class action challenged the validity of the FCC’s 1992 interpretation of “prior express consent.”
Salem NH - Windham Professionals is pleased to announce the appointment of Mike Figgins to Chief Information and Technology Officer. Throughout a 25-year career, Mike successfully led software engineering, end-user computing, network engineering and telecommunications teams with a leadership style guided by key principles of transparency, clear expectations and coordinated execution. His experience delivering software and […]