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.
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.
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.
In an unpublished opinion handed down last week, the Fourth Circuit Court of Appeals ruled that calls made to a residential line using an autodialer can violate the TCPA if the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.
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.
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.
If you’ve been to a few industry conferences, you know that the staff at all of them work hard to coordinate many details and try to create the best possible experience for attendees. But worthy of note about PowerUp was the extra mile they went to be creative, and the willingness of the management team to go along.
The Sixth Circuit Court of Appeals Friday ruled against a debt buyer who it said violated the FDCPA when it sought interest charges for a credit card debt. The decision reversed a lower court ruling and included a sharp dissent from the third judge in the appellate panel.
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.
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.
Last week I attended Consumer-Action’s 43rd Annual Awards Event, along with Rob Meck, CEO of Premiere Credit and Tim Heber, Compliance Officer of FIS Global. We represented the Consumer Relations Consortium (CRC), which was a sponsor of the event along with Google, CapitalOne, Credit.com, TracFone, Amazon, AT&T, Microsoft, and Time Warner Cable.
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.
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.
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.
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 CFPB this week finalized a rule to promote more effective privacy disclosures from financial institutions to their customers. The new rule, which will primarily impact creditors and debt buyers, allows companies to post their GLBA-mandated annual privacy notices online rather than delivering them individually.
DBA International, the voice of the debt buying industry, announced the addition of Don Maurice as a legal consultant specializing in state and federal legislative activities.
LiveVox Inc., a leading provider of cloud contact center solutions for enterprise operations, announced that its inside counsel, Mark Mallah, will join Joe Adams of the Hampton Pryor Group and John Bedard of Bedard Law Group on an operations-focused compliance panel at FSCOR 2014 in Las Vegas.
The number of lawsuits filed by consumers against ARM companies claiming violations of the FDCPA, FCRA, and TCPA increased in September from August, WebRecon LLC said Friday. But FDCPA lawsuits are still on track to show significant declines for the year.
PRA Group (Nasdaq:PRAA), a world leader in acquiring non-performing consumer debt, has been named to Forbes’ annual list of America’s Best Small Companies for the eighth consecutive year. It is one of only seven companies to have been featured on the Forbes list every year since 2007.
SKYLINK Receivables Inc., headquartered in Vancouver (Surrey), Canada with offices in Toronto and Montreal, today announced that their Board of Directors have approved a definitive agreement to acquire Bond Street Collections Inc., headquartered in Toronto, Canada with an office in Montreal.
At the Federal Trade Commission’s request, a U.S. district court in Miami has temporarily shut down a fraudulent phantom debt collection operation that deceived and abused thousands of Spanish-speaking consumers across the country in an attempt to collect money they did not even owe.
Thanks to the Patient Protection and Affordable Care Act, the self-pay population is shrinking. But the financial challenges of that population continue to grow and now are spreading to other formerly stable patient populations, namely those with employer insurance.
MRS BPO, LLC, an industry leader in financial services, healthcare, cable, utilities and telecommunications debt recovery, gave its national sales presence a significant boost with the addition of a new Vice President of Sales and Marketing, Tim Steele.
A federal judge in California late last week ruled in favor of a defendant in a TCPA case by deciding that a platform for sending out text messages did not meet the definition of an automated telephone dialing system (ATDS). The ruling is seen as positive precedent for judicial ATDS interpretations.
With about two weeks still remaining in its 2014 No Debts for Vets Charity Fundraising Drive, ARMing Heroes, the collection industry’s charity for military veterans, has started sending out Donor Dog Tags to supporters of its fifth annual fund drive, which runs from September 11th through Veterans Day, November 11th, every year.