The Consumer Financial Protection Bureau (CFPB) late last week filed a response in an FDCPA enforcement action that marked a bit of a shift in tone. The CFPB took direct aim at the defendant’s claims, going so far as to bluntly call some of their reasoning “simply wrong.”
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A book being released early next week takes an unflinching look at the world of consumer debt buying, specifically the market for secondary portfolio purchases and the unique challenges facing ARM professionals that chase older debt.
A federal district judge in Kansas recently ruled that a voicemail left by a debt collection agency failing to identify itself as a collector did not violate the FDCPA because the plain text of the law states that multiple calls must be made and that “harassment” cannot occur in one call.
In an unpublished opinion handed down last week, the Fourth Circuit Court of Appeals ruled that calls made to a residential line using an autodialer can violate the TCPA if the residential line service charges for incoming calls. In this particular case, the line was using a VoIP subscription that carried per-call charges.
Debt collectors breathed a collective sigh of relief after the Eleventh Circuit reversed a district court ruling in the Mais case. Coupled with the FCC’s seemingly business-friendly declaratory rulings of GroupMe and Cargo Airline Association, matters appear to be on the upswing for creditor representatives with regard to the TCPA. But don’t be deceived: the relief brought by the positive developments must be tempered by the amicus curiae brief filed by the FCC in a case involving a collector.
The total number of debt collection complaints published by the CFPB in August fell by more than eight percent compared to July. But the percentage of complaints specifically claiming that the “debt is not mine” jumped from the previous two months. Complaints about medical debt also increased in the month.
Under a new rule that went into effect October 1, some debt collection branch managers or owners in Florida could find themselves with dirty fingertips.
A federal judge last week certified a class action that accuses a mortgage services company of violating the FDCPA by leaving a message on a door hanger for a consumer to call a specific number. The note made no mention of the debt, although it was left specifically for that purpose.
The Second Circuit Court of Appeals Thursday ruled against a debt collection agency in a TCPA express prior consent case, reversing a lower court decision and hewing closely to a requested amicus brief filed by the FCC on the matter.
President Obama Friday signed an executive order that calls for increased credit card protection measures for some federal benefits and expense cards distributed by the government. The President also formally endorsed the chip-and-PIN payment system for U.S. cards, a move opposed by many banking and commerce groups.
LiveVox Inc., the leading provider of cloud contact center solutions for enterprise operations, announced it will host a creditor-focused compliance webinar with renowned ARM industry legal expert, David Kaminski of Carlson & Messer, LLP on Tuesday, November 11th at 2:30 ET/11:30PT.
In a petition to the FCC, the American Bankers Association is requesting that data breach and fraud alerts be exempt from outdated regulatory restrictions on automated calls and texts to mobile devices.
TECH LOCK, Inc. announces Vision Financial Corp has achieved the ARM Industry Gold compliance standard, TECH LOCK® Certified.
Critical mistakes are sometimes made during the selling process that could cost owners many millions of dollars in transaction value.
The GFKL Group has taken advantage of favorable financing conditions to conclude a new credit agreement worth €100 million. Alongside an amortized loan, the package includes a €40 million revolving facility.
Encore Capital Group, Inc. (Nasdaq: ECPG) today announced that former Sallie Mae Chief Financial Officer Jonathan Clark has been appointed to serve as Chief Financial Officer of Midland Credit Management, Inc., Encore’s domestic operating subsidiary.
ACA International, the largest trade group for the credit and collection industry, today issued a statement regarding the regulation of debt collection attorneys’ litigation activities.
TECH LOCK Incorporated announces RevSpring is once again raising the security certifications and compliance “bar” by adding the HITRUST Common Security Framework (CSF) to their TECH LOCK® Certified holistic audit.
DBA International (DBA) announced the first certified collection law firm under its expanded Certified Professional Receivables Company (CPRC) program. Within weeks of the program expansion, G. Reynolds Sims & Associates, P.C. completed the process and was approved at the October 16, 2014 meeting of the DBA Certification Council Administration and Budget Committee Meeting.
The Federal Trade Commission and the Consumer Financial Protection Bureau have announced the list of speakers, panelists, and moderators for the roundtable the agencies will co-host in Long Beach, California, on October 23, 2014.
In an effort to ensure the Consumer Financial Protection Bureau does not skirt its important obligations under the Paperwork Reduction Act, ACA International filed comments objecting to the bureau’s request to obtain special approval, called generic clearance, to use a streamlined procedure that would allow it to gather certain data for up to three years without having to go through the normal notice and comment process.
FocusOne, a division of Hatteras, Inc., is pleased to announce the appointment of Brett Menzie as a new Sales Executive, bringing his excellent work ethics along with an abundance of industry experience.
Kirit Patel of California has pleaded guilty to four counts of mail fraud and wire fraud after an extensive federal investigation of the debt collection agency he ran. The FTC and prosecutors noted that many of the debts Patel was attempting to collect did not exist.
Brumbaugh & Quandahl Law Offices announced today a new management team comprised of well-respected veterans from the ARM industry.
s another bubble market emerging in the subprime auto sector? Perhaps, but a growth market for accounts receivable management (ARM) firms is fast developing already.
The Ohio Department of Commerce is warning Ohioans about a company that is mailing postcards to citizens asking them to call and search their name for unclaimed funds.
In the weeks since the Circuit Court decision in Douglass v. Convergent — the infamous envelope window disclosure case — filings of similar cases against debt collectors have been brisk. Two ARM defense attorneys discuss some specific legal theories upon which debt collectors may defend similar claims.
Marketing your brand can be just like trick or treating, except instead of looking for candy, you are looking to grow your business.
If you’re not in California, be sure to watch the webcast of an important FTC/CFPB roundtable on debt collection and the Latino community.
Could 2015 be the year of TCPA reform? There are somewhat promising signs that it actually may be.