Mike Bevel is an Editor for insideARM.com. You can follow him on Twitter: @MikeBevel_iA. You can also email him about Charles Dickens, Shannen Doherty, Angela Lansbury, and "Murder, She Wrote." He lives, laughs, and loves in Rockville, Maryland. He is terrified of whales.
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FDCPA suits “unexpectedly [caught] fire this year, up more than 1200 suits (+14.5%) over this time in 2014,” according to Gordon. FCRA suits “works out to a dramatic +39% increase over this time last year,” and “TCPA’s YTD numbers have recovered due to the combination of a strong October and a weak few months at the end of 2014. Now up almost 200 suits (+8.7%) over this time last year, TCPA seems to have avoided the likelihood of a decline.” But none of this should be a surprise, so why is it?
Given the recent TCPA consent order, a question facing many agencies is: how can you rely upon your recordings? Recorded consumer calls and the full complement of speech analytics could be the thing that makes the difference between a successful and an unsuccessful lawsuit against your agency. This free webinar, developed by DialConnection and produced by insideARM, seeks to answer all of your questions!
As 2015 winds to a close, it might be illustrative to take a look at some of the bigger actions the CFPB has taken in its oversight of the ARM industry. 1) Special Attention to Service Providers/Vendors In early April of 2015, we learned that the CFPB had filed suit against a network of companies […]
Debt industry compliance professionals in both the Columbus, Ohio, region; and the Atlanta, Georgia, region, met this past week in regional discussion groups to talk, as peers, about issues each person is facing in an industry defined more by flux than by clarity. These meetings, hosted by The Compliance Professionals Forum, (and made possible by the […]
There is a lot in the FCC’s July Consent Order that gave most in the collection industry pause – but of particular concern was the idea of the “one-strike” rule, and how it relates to consumer consent. Per the FCC, “[T]he TCPA requires the consent not of the intended recipient of the call, but of […]
At issue is what Congress meant when it defined “consumer” as a “natural person,” but then didn’t take the next step to define what a person, in FDCPA situations, is. With nothing else to guide it, the Sixth Circuit was left with the language of Citizens United, and the ability to name corporations as consumers under the FDCPA.
What we’re seeing, recently, in such cases, is that courts are often finding for the creditor – a reversal of the tenor of previous judgments. Attorney Don Maurice wrote back in November of 2014 that “a U.S. Circuit Court decision this summer took an extraordinary step when it held that filing a proof of claim on time barred debt is conduct that violates the FDCPA. At the time, attorneys close to both bankruptcy and FDCPA proceedings warned that it would touch off a very real firestorm in that sector of the ARM industry. That has proven to be quite true.”
The Federal Trade Commission and Florida’s Attorney General have joined forces to cease the operations of an “Orlando-based operation that has been bombarding consumers since 2011 with massive robocall campaigns designed to trick them into paying up-front for worthless credit card interest rate reduction programs.” And no, it’s not Disney.
We’re coming up on two weeks since the FTC held its hearing on a proposed Declaratory Ruling and Order on the TCPA. You may remember this. The FCC, it seems, has momentarily forgotten. insideARM looks at some things you can do while waiting for the FCC to finally publish its ruling.