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 […]
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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.
Yesterday, the Court of Appeals for the Ninth Circuit reversed a decision from a district court in a bench trial that a collection law firm had violated the Fair Debt Collection Practices Act (FDCPA) by failure to specifically state in a voice message: “This communication is from a debt collector.” The case is Davis v. […]
Relying on the Supreme Court case of Spokeo v. Robbins, (136 S.Ct. 1540 (2016), on August 5th United States District Court Judge Cathy Ann Bencivengo dismissed a plaintiff’s Telephone Consumer Protection Act (TCPA) claim for lack of standing.
On August 8, 2016 a Federal Judge in Illinois dismissed a Telephone Consumer Protection Act (TCPA) case by determining that the Plaintiff in the matter was not an individual or entity in the “zone of interests” intended to be protected by the TCPA. The Plaintiff in the case, Telephone Science Corporation (TSC) is the operator of a service called “Nomorobo.” On the website the company claims they have stopped over 125,504,140 robocalls. In 2013, the FTC declared Nomorobo a winner of its contest to “design a system to stop unsolicited telemarketing calls before the calls can ring through to the subscriber of the called telephone number.”
Amidst the whirlwind of information released in the last week by the CFPB regarding debt collection, you may have missed that – also last week – the CFPB’s Consumer Response division published a notice in the Federal Register for a “new information collection” aimed at further improving the complaint process for consumers and companies. NOTE: […]
When collectors get sued in an FDCPA action, they face a steep uphill battle. Courts apply the very pro-consumer “least sophisticated debtor” standard when evaluating a collector’s communications, and most violations of the Act are “strict liability.” However, courts have gradually been demanding more and have rejected suits based on hyper-technicalities.
Last Friday the Consumer Financial Protection Bureau (CFPB) announced new appointments to its Consumer Advisory Board (CAB), as well as its other advisory Councils. The Dodd-Frank Wall Street Reform and Consumer Protection Act charges the CFPB with establishing a Consumer Advisory Board to advise and consult with the Bureau’s Director on a variety of consumer […]
The United States Government Accountability Office (GAO) released a report last week that found that small business representatives (SERs) participating in the Consumer Financial Protection Bureau’s (CFPB) recent SBREFA processes thought they were too rushed. According to the report, the Regulatory Flexibility Act requires CFPB to convene Small Business Review Panels (also known as SBREFA panels) for rulemaking efforts […]
Yesterday a new Jersey District Court Judge determined that sanctions were not warranted in a FCRA case she had described in a previous opinion as “Fanciful” and “Farfetched.” However, the judge also took the opportunity to highlight an important process issue regarding reporting of bankruptcies.
In May, the United States Supreme Court issued its opinion in Spokeo v. Robins addressing the requirements for Federal Court jurisdiction under Article III of the US Constitution. This decision appeared likely to significantly impact TCPA litigation. So far, it has not played out this way.
HOUSTON, Texas — Universal Fidelity LP announced a great addition to their team, Mr. Jamie Campise. Jamie Campise has joined the firm to further develop their national client base. Jamie comes with a wealth of knowledge in the ARM Industry with 29 years of experience, having spent the last 16 years at one of the […]
Yesterday the FCC released its Final Rules to implement an amendment passed by Congress in the Bipartisan Budget Act of 2015. Published two weeks after the CFPB published its Outline of Proposed Rules governing debt collection, we now see the possibility that rules on calls to collect government debt could be more restrictive than calls to collect other types of debt.
This article was originally published on the Maurice Wutscher blog and is republished here with permission. On July 10, 2014, the United States Court of Appeals for the Eleventh Circuit issued its opinion in Crawford v. LVNV Funding, LLC. That opinion began by decrying the “deluge” of proofs of claim filed by debt buyers on debts that are unenforceable […]
This article was originally published on the Maurice Wutscher blog and is republished here with permission. Filing a proof of claim with a bankruptcy court representing a debt subject to an expired state law limitations period does not violate the federal Fair Debt Collection Practices Act (FDCPA) under an opinion released yesterday from the Seventh Circuit Court […]
On August 4, 2016 the CFPB released a rule providing safe harbors from liability under the FDCPA for certain actions taken in compliance with mortgage servicing rules, but after the consumer has made a cease communication request. This will interest the ARM industry more broadly as it may signal a willingness to provide safe harbor where notification requirements are in conflict with the consumer’s interests.
CHICAGO, Ill. – TransUnion and Interactive Intelligence announced today that TransUnion’s TLOxp® has integrated with accounts receivable management solution, Interaction Collector®. This integrated solution will help organizations improve right party contact rates by giving them access to unique data elements, such as one best phone number, best address, and place of employment. TLOxp offers actionable information that can […]
CHATTANOOGA, Tenn. - North American Credit Services has committed to join in the solution to Stop Soldier Suicide, national campaign this September. “Sometimes our service men and women come home wounded inside and out,” states NACS Chief Executive Officer Dallas S. Bunton, Sr. “Possibly while in other countries America’s heroes have lost wives, families and their […]
OGDEN, Utah - In today’s business environment, excellent Customer Service is vital for success. The leadership team at PDCflow recognizes the importance to strive for excellence in Customer Support and acknowledges that the people on the Customer Success Team are the cornerstone in moving toward that achievement. With this in mind, PDCflow is extremely pleased to […]
Relying on the Supreme Court case of Spokeo v. Robbins, (136 S.Ct. 1540 (2016), on August 3rd U.S. District Court Judge Richard H. Kyle denied a request to dismiss a plaintiff’s Telephone Consumer Protection Act (TCPA) claim for lack of standing.
RAMSEY, Minn. — Phin Solutions, Inc. is pleased to announce that veteran and longtime supporter of the Credit and Collection industry Nancy McLaughlin, MCE will join our staff as Executive Vice President of Sales and Marketing. Nancy brings over 40 plus year to the credit and collection community serving in several capacities with companies whose […]
Repeat Plaintiff Melody Stoops recently asked a judge to modify her order to remand her case to state court, where she could re-litigate her recent Telephone Consumer Protection Act (TCPA) case – a case that had just been dismissed by a Pennsylvania District Court. The case hinged on technicalities and the limits of legal definitions, but ultimately the court denied her request.
Colette Jenkins v. MGage, LLC, No. 1:14-cv-2791-WSD (N.D. Ga. Aug. 12, 2016) Plaintiff filed this TCPA lawsuit after receiving 150 text messages over an approximately one year period during which she tried to stop the messages on 17 occasions. Defendant moved for summary judgment, contending the messages were not sent using an Automatic Telephone Dialing […]
In a new decision filed on Wednesday, the US District Court for the Eastern District of Pennsylvania ruled in favor of the defendant in a Fair Debt Collection Practices Act (FDCPA) case involving the defendant sending a letter with a visible barcode on it. The case, Anenkova v. Van Ru Credit Corporation, is a positive […]
The Alternative Credit Bureau Makes Strategic Addition as it Sharpens Focus on Compliance ATLANTA – FactorTrust, The Alternative Credit Bureau, announces the addition of Barbara Sinsley, general counsel and chief compliance officer, as part of the company’s commitment to compliance. Sinsley will provide FactorTrust with legal and regulatory guidance and manage the company’s internal and […]
Last week a Federal Judge in Georgia granted initial approval of a $30 million (TCPA class action settlement involving Wells Fargo. While the $30+ million settlement figure is staggering, with a class of over 6,400,000 members, the potential exposure for Wells Fargo was substantial.
Success, especially for the collections industry, requires taking the consumer through the payment-by-phone process, end-to-end, in 6 clicks or fewer.
Yesterday, the Consumer Financial Protection Bureau (CFPB) announced that it had agreed to a Consent Order with Wells Fargo Bank, N.A. (Wells Fargo) relating to Student Loan Servicing Practices. The Consent Order was reached after the CPFB had brought an action against Wells for illegal private student loan servicing practices that increased costs and unfairly […]
Mandatory arbitration provisions have been a hot topic for Consumer Financial Protection Bureau (CFPB) regulators, with the Bureau publishing proposed rules that would prohibit mandatory arbitration clauses. The topic has come up again in Beattie v. Credit One Bank, a new case from the U.S. District Court for the Northern District of New York (Case No. 5:15-cv-1315 (LEK/TWD).
Is your business Reg E Compliant? What do your REG E communications look like? Letters? Email? Sending them to your website? How’s that working for you? Reaching delinquent customers and getting paid is a lot like Fly Fishing. You cast the line out many times, and often must try different types of bait before you […]