A U.S. District Court Judge in Kansas refused to dismiss a lawsuit that alleged that a debt collection letter was false and/or misleading because it failed to inform the consumer that a partial payment would revive the statute of limitations on otherwise time-barred debt.
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Yesterday, a Federal Judge in Virginia denied a motion to certify a class action case against an arm of publicly traded debt buyer PRA Group (PRAA). The lawsuit was originally filed exactly one year earlier, on January 28, 2015. The case illustrates the challenges of attempting to be FDCPA compliant when dealing with consumers that do not speak English or for whom English is a second language.
This week, former CFPB Student Loan Ombudsman Rohit Chopra started a new job — at the Department of Education. An outspoken critic of, well, just about everything related to student loans, one thing is clear: things will probably change at the Department of Education.
Last Friday’s FCC advisory board meeting agenda included the item, “Robocalls and Federal Debt Collection: New TCPA Amendment.” The Associate Division Chief, Consumer Policy Division at the Consumer and Government Affairs Bureau announced that a Notice of Proposed Rulemaking would soon be released, and the questions it would likely include.
Technology options like this were mentioned back in June, when the FCC held its mid-year TCPA clarification hearing. Several commissioners described the technology as a consumer-friendly way to escape the perceived constant pressure of intrusive calls. But is it possible this technology can do more harm for consumers and their financial health than good?
Yesterday the Ninth Circuit Court of Appeals affirmed a lower court dismissal of a putative Telephone Consumer Protection Act (“TCPA”) class action ruling that the plaintiff had provided “prior express consent” to receive the text messages in question.
In a 6-3 “no” for the industry, Ruth Bader Ginsberg, in her majority opinion, writes, “Campbell’s settlement bid and Rule 68 offer of judgment, once rejected, had no continuing efficacy. Absent Gomez’s acceptance, Campbell’s settlement offer remained only a proposal, binding neither Campbell nor Gomez. Having rejected Campbell’s settlement bid, and given Campbell’scontinuing denial of liability, Gomez gained no entitlement to the relief Campbell previously offered.”
In a case decided on February 4, 2016, the US District Court, Eastern District of Missouri has granted summary judgment to AllianceOne Receivables Management on a claim that the firm violated FDCPA § 1692d-f, and to the Plaintiff, Schuller, on the claim that the firm violated FDCPA § 1692g, related to overshadowing.
In a January 15, 2016 article in American Banker Magazine (Banks Can Use ‘Code of Ethics’ to Strengthen Public Trust), Robert Taylor points out “…an advantage of developing an ethics code is that, unlike bank regulatory policy that must be adjusted constantly depending on the jurisdiction and interpretation, ethical standards are basically timeless. In fact, […]
On January 29, 2016, Illinois Governor Bruce Rauner signed into law Senate Bill 1369. That Bill reversed provisions adopted in the Illinois Collection Agency Act, an August 2015 legislative enactment that conflicted with the federal Fair Debt Collection Practices Act (FDCPA)
The U.S. District Court for the Middle District of Florida recently dismissed allegations that a debt buyer violated the federal Fair Debt Collection Practices Act by filing a proof of claim on time-barred debt, holding that such claims are precluded by the Bankruptcy Code, and that the FDCPA does not provide a private right of action against debt collectors who file time-barred proofs of claim in bankruptcy court.
SAN FRANCISCO – LiveVox Inc., a leading provider of cloud contact center solutions for enterprise operations, announced that it was honored with the 2016 CUSTOMER Product of the Year Award for its industry leading TCPA-focused dialing systems, The Four Clouds. LiveVox’s Four Clouds is an array of risk mitigation dialing systems that provide the flexibility and […]
ATLANTA, Ga. – Brock & Scott, PLLC is pleased to announce an expansion of its Collections practice group in Georgia with the acquisition of Craig R. Goodman Law Offices, LLP, located in Atlanta. Craig R. Goodman Law Offices has been a collections and legal recovery leader serving clients across the state of Georgia for over […]
NORFOLK, Va. — PRA Group (Nasdaq:PRAA), a global leader in acquiring and collecting nonperforming loans, today announced that Christina Beatty has been named vice president, IT support services. Beatty has more than 23 years of experience in information technology. She has held IT leadership positions at PRA Group over the past 18 years including IT […]
In Garfield v. Ocwen Loan Servicing, LLC, the Second Circuit Court of Appeals examined whether a debtor who has been discharged in a bankruptcy can sue in a district court under the FDCPA,as opposed to seeking relief in the bankruptcy court. The Court held that the Bankruptcy Code provision governing the discharge injunction, “does not explicitly create a cause of action for its violation, whereas the automatic stay provision provides such a remedy…”
SACRAMENTO, Calif. – DBA International, the nonprofit trade association representing the purchased receivables secondary market, commends the Federal Trade Commission (FTC) on its new website, www.IdentityTheft.gov. The FTC’s new website is integrated with its consumer complaint system and is a much-needed resource for the millions of Americans victimized by identity theft. The website enables consumers […]
HOUSTON, Texas — Universal Fidelity LP, a Houston based collection company is celebrating its 25th Anniversary on February 4th. The company was opened by Terry W. Simonds in February 1991. The vision and culture was to provide “Enrichment Through Quality Partnerships.” Terry W. Simonds won the Entrepreneur of the Year awarded by Ernest & Young […]
The Report examined internal CFPB documents relating to the December 2013 consent order against the auto finance company Ally Financial Inc. and its subsidiary Ally Bank. The Report stated the CFPB purposefully chose to distribute the $80 million dollars in Ally Bank settlement funds “without verifying that recipients [were] eligible to receive the money.”
Many industry groups have sounded the cry that increased financial services regulation would have the unintended consequence of shrinking the credit available to the same consumers it was intended to protect. But most of these cries have been mere hypothesis. According to new research from the American Action Forum (AAF), Dodd-Frank financial reform has led to a 14.5 percent […]
The Consumer Financial Protection Bureau (CFPB) released its latest monthly consumer complaint report on consumer complaints in December about financial services. The report highlights that complaints on debt collection were still the largest volume of complaints in December, 6410 of the 20,300 or (31%) of the total complaints. Debt collection, mortgage, and credit reporting complaints […]
Weltman, Weinberg & Reis Co., LPA (WWR), a full-service creditors’ rights law firm, is proud to announce the election of three new Shareholders: David S. Brown, Ted M. Traut, and David A. Wolfe. “I am thrilled to welcome this talented group of lawyers as shareholders of the firm. Each exemplifies the professionalism and commitment to excellence in client […]
On Tuesday, January 26th the National Council of Higher Education Resources (NCHER), the Education Finance Council (EFC), and the Student Loan Servicing Alliance (SLSA) filed an ex parte letter with the Federal Communications Commission (FCC) offering background details on federal student loans and the importance of including pre-default servicing in the Notice of Proposed Rulemaking (NPRM) under development by the Bureau of Consumer and Governmental Affairs.
Yesterday, the Consumer Financial Protection Agency and the Department of Justice announced a $21.9 million dollar settlement with the Toyota Motor Credit Corporation. The settlement – and the consent order that comes along with it – may seem of peripheral interest to the ARM industry, but the action offers sharp lessons for the ARM industry on how regulators are using data to track UDAAP violations and how regulators expect financial services agencies to balance employee discretion with agency-wide non-discrimination policies.
AUSTIN, Texas – The Management Committee of Linebarger Goggan Blair & Sampson, LLP announced today the appointment of Rick Haass as the firm’s new Chief Operating Officer. Haass will succeed Greg DeWinne, who is retiring after 30 years of dedicated service to the firm and its clients in various leadership roles. DeWinne has served as COO since 2005. […]
On January 29, 2016 the U.S. District Court for the Southern District of Alabama granted a Motion for Summary Judgment by the Defendant in Robert L. Arnold v. Bayview Loan Servicing, LLC, et al. This was a bona fide error case, and was won on the existence of substantial evidence of policies & procedures and training.
KENNER, La. - Altus Global Trade Solutions (Altus GTS) announced that Commercial Collections of America (CCA) recently joined as the newest Affiliate member, offering CCA the opportunity to become a major player in the global accounts receivables management market. The Affiliate program, which launched in 2015 and has quickly expanded to four members, provides an opportunity […]
Brooklyn Heights, OH — Weltman, Weinberg & Reis Co., LPA (WWR), a full-service creditors’ rights law firm, welcomes Attorney David Mullen to its Brooklyn Heights, Ohio office. Mr. Mullen will practice in general consumer collections and legal matters. Prior to joining WWR, his experience included class action, mass tort, and other civil matters. Mr. Mullen […]
Employee engagement is widely recognized as essential to high performance cultures. In fact, research from Gallup reports that companies with highly engaged workforces outperform their peers by 147% in earnings per share and enjoy 25-65% less turnover and 37% less absenteeism, among a variety of other benefits. But a recent article by Josh Bersin, drawing […]
ONTARIO, Canada — National Credit Recovery International, (NCRI), a leading Credit Intermediation and BPO services provider based in Mississauga, Canada and servicing nationally scoped Canadian and US clients, is pleased to announce the launch of a new dedicated operations division focusing on the provision of BPO services such as First Party Collection, Customer Care, Retention […]
Matthew Snedden, COO of PDCflow, an industry leader in payment processing technologies, announced today their innovative e-SignatureFlow service is free in conjunction with PaymentFlow Services. PDCflow’s e-signature solution has been an industry disrupter, helping agencies stay compliant with Regulation E and NACHA regulations and reducing chargebacks. The ultimate goal of offering e-SignatureFlow free is to […]