Pursuant to a California federal judge’s preliminary approval order filed yesterday, Citizens Bank will pay over $4.5 million to settle a class action with more than one million members who claim it violated the TCPA by allegedly calling consumers’ cellphones without their permission using an automated dialing system.
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The Consumer Financial Protection Bureau (CFPB) has released its long-awaited Outline of Proposed Rules governing third-party debt collectors. The proposal, released in advance of today’s 2:00 PM EDT CFPB Debt Collection Field Hearing in McClellan Park, California, is 117 pages and covers a wide range of topics that had been raised nearly three years ago […]
All debt collectors and others who call Minnesota telephone lines using a prerecorded or synthesized voice message with an auto dialer should know about the Minnesota Automatic Dialing-Announcing Devices statute, Minn. Stat. § 325E.26, et seq. (“ADAD Act”). In short, the Minnesota statute provides that if you call a Minnesota telephone line – residential or […]
Yesterday the U.S. District Court for the Southern District of Alabama affirmed the lower court’s decision in favor of the defendant in the case of Mahala A. Church v. Accretive Health, Inc. (Case No. 15-15708, United States Court of Appeals for the Eleventh Circuit) A copy of the case can be viewed here. The Appellant […]
The Consumer Financial Protection Bureau (CFPB) reached a proposed $107 million settlement on Tuesday with several individuals affiliated with the World Law Group. According to the Bureau, defendants Derin Scott, David Klein, and Shannon Scott “received, directly or indirectly, funds or other assets” from World Law Group customers, after the debt settlement company collected millions in […]
On June 20 a U.S. District Court granted a creditor’s motion for summary judgment and dismissed a TCPA claim because the plaintiff had provided prior express consent to be contacted on his cellular telephone when he entered into a contract with the creditor, AND did not provide sufficient proof that the prior consent was revoked.
Among the many alerts I receive each morning, I noticed this blog today on The Huffington Post. It’s titled Debt Collector Madness, and Owning the Infinite, Creative Power of Thought. In spite of the title, it’s really more about spirituality and controlling one’s thoughts. However, I noticed that it’s also a tale of an unremarkable, […]
Encore Capital Group, Inc. subsidiary Midland Credit Management Inc. (Midland), and several related companies have agreed to a settlement in multi-district TCPA litigation accusing the Defendants of violating the TCPA when trying to reach debtors. This is the fourth large TCPA settlement in July alone.
Last week insideARM reported on a case where New Jersey Judge Renée Marie Bumb dismissed what she termed a “frivolous” lawsuit against Experian in the recent, twinned cases Glenn Williams v. Experian and Lorissa Williams v. Experian. The case was interesting for the ARM industry because the Judge discussed “meaningful review or investigation” by an attorney prior to filing a complaint.
According to filings yesterday in Georgia federal court, Wells Fargo Bank, N.A. (Wells) will pay approximately $16.3 million to end a proposed class action alleging it illegally used an ATDS to call customers’ cellphones without their consent.
Athletes, sports teams, and entertainers are all evaluated by their ability to generate revenue, win championships, and gain critical acclaim. Public companies are assessed based on their stock performance; we can quickly see when an entity is at the top of its game and when it’s not. But what about a privately-held business? How can […]
Year-long study examines top factors that lower consumer litigation, damages, defense costs and complaints. MUNCIE, Ind. – Ontario Systems, a leading accounts receivable management (ARM) and healthcare revenue cycle management (RCM) technology and services provider, has announced its Chief Compliance Officer, former ACA General Counsel and CEO, and practicing attorney Rozanne Andersen, will present results […]
Any call from a creditor to a consumer’s cell phone that goes to voicemail is an official “communication,” according to a new ruling by the Massachusetts Superior Court. In Watkins v. Glenn Associates, Inc., the Court held that even if the creditor does not leave a message on the consumer’s voicemail, the creditor’s call counts […]
Monarch Recovery Management Inc. a national leader in the receivables management industry, is proud to announce the recent addition of Sonia Kohli to the Monarch Recovery Management Inc. executive team. Ms. Kohli has been appointed Director of Business Development and will be responsible for Sales and all aspects of new client acquisitions. Ms. Kohli has […]
In a non-industry-related TCPA class-action suit, a district court found in favor of the defendants, specifically citing Spokeo and the plaintiff’s inability to produce evidence of actual damages. Spokeo is proving to be the next-best-thing to actual TCPA reform, and seeing its use in cases outside the debt industry is promising.
WIXOM, Mich., – RevSpring’s next free webinar, which will take place on July 21 at 2 p.m. EST, will outline today’s design trends and principles to maximize revenue opportunities. “Effective Graphic Design for Results” will explore the following: Adapting to Changing Consumer Expectations Maximizing Design Tools to Ensure Response Impact of Quality Graphic Design Relevant Communication […]
Kinum, Inc., a national collection agency offering multiple solutions for businesses to better handle their accounts receivables, is a proud corporate contributor and participant in the annual “Multiple Sclerosis 150 – Virginia.” The MS 150 is an annual cycling event organized by the National Multiple Sclerosis Society which involves a 150-mile road cycling tour held […]
Not all Payment Processing Services are the same Most companies shop for payment processing services based on the cost per transaction, but for collection agencies, this method is flawed. Not all payment processing services are the same and comparing based on price is an apples to oranges comparison. There are three key reasons you should […]
Two debt collectors and three companies charged with using false threats and other illegal collection tactics are banned from the debt collection business under a settlement with the Federal Trade Commission, which charged them as part of Operation Collection Protection, an ongoing federal-state-local crackdown on collectors that use deceptive and abusive collection practices. In October 2015, […]
HOUSTON, Texas – Alpha IT Services proudly unveiled its new software application MARS at the recent ACA International Conference in Denver. We would like to thank all of the attendees that stopped by our booth. Congratulations to the winner of our drawing for the iPad, Linda from CB Merchants Service. Per Marge Fitch, Vice President […]
HATBORO, Pa. – FBCS, Inc., a leading nationally licensed collection agency has joined a distinguished group of companies to receive the industry’s most widely recognized security certifications. During the most recent technology and security audits, FBCS earned their PCI-DSS certification as well as their SSAE16 and ISO 27001 & 27002. These prestigious certifications are the globally […]
The U.S. Court of Appeals for the Eleventh Circuit recently reversed in part a trial court’s ruling granting summary judgment in favor of a debt buyer, its affiliated debt collector and their parent company, holding that a reasonable jury could find that the defendants willfully violated the FCRA when they reported two charged-off debt accounts as “verified” without obtaining sufficient documentation that the debts in fact belonged to the plaintiff.
Earlier today we reported that the CFPB has taken the long-awaited next step in debt collection rulemaking activity by releasing an Outline of Proposed Rules in advance of the required Small Business Regulatory Enforcement Fairness Act (SBREFA) consultation process. The formal SBREFA hearing is scheduled for the week of August 22. The Outline of the CFPB’s […]
MINNEAPOLIS, Minn. — DCM Services, the industry leader in estate account recovery solutions, this week announced the promotion of three key executives: Tracey Bannochie is promoted to Chief Operating Officer (COO). Tracey brings over two decades of call center management experience to the DCM Services team. Her experience includes customer care through late-stage recovery operations, in addition […]
Looking beyond payment processing rates – Buying a car is an experience we often avoid because the selection is overwhelming and comparing cars is difficult, considering there are dozens of makes and models to choose from, and each with multiple options and upgrades available. Then there is the price. How can you possibly compare one to the other when none are really the same?
Agenda and panelists just announced for CFPB debt collection field hearing on Thursday, July 28.
What do you get when you bring together twenty Creditor Grantors with fifteen ARM Agencies and have over 160 intimate, yet formal appointments? You get one of the most productive events in the history of the industry: insideARM’s Inaugural One-to-One Appointments Forum.
Last Friday, Tom Wheeler, Chairman of The Federal Communications Commission (FCC) published a blog entitled “Cutting off Robocalls.” The portion of the piece that has received the most media attention was this: “In regard to the Commission’s expectations that carriers respond to consumers’ blocking requests, I have sent letters to the CEOs of major wireless and […]
According to Healthcare Finance News, more than half of provider bills don’t get paid. And for every dollar billed to patients, providers have historically failed to collect 65 cents. Providers are experts at managing insurance reimbursement, but collecting self-pay dollars is a different story. With the average annual deductible for covered workers increasing 255% since 2006 and projected […]
In an opinion issued yesterday, the Ninth Circuit Court of Appeals reversed a district court’s summary judgment in favor of the defendant in an action under the FDCPA. The panel held that the validation notice is required of both the initial debt collector, as well as subsequent collectors that communicate about the same debt.