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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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.
WASHINGTON, June 18, 2015 – The Federal Communications Commission today adopted a proposal to protect consumers against unwanted robocalls and spam texts. In a package of declaratory rulings, the Commission affirmed consumers’ rights to control the calls they receive. As part of this package, the Commission also made clear that telephone companies face no legal […]
ARM industry experts were not optimistic regarding the proposed Declaratory Ruling. As it turns out, based upon the dialogue at the hearing, industry concern and pessimistic outlook was justified.
Higher education remains the primary expected next step for graduating high school seniors. And while some have argued that tuition rates are slowing, tuition debt itself continues to run laps around other prices. Can a photographer take the sting out of the shame of debt?
Some questions had definite answers from panelists; however, many of the questions highlighted confusion within the laws and regulations themselves. While the FTC requires one thing, the CFPB may require something entirely different — and often contradictory. And because there is little cohesion among state laws, compliance suffers across the board. Still, even recognizing the areas of confusion can help an agency in their compliance plan. Better still, though, would be some kind of definitive answer.
You should probably stop charging convenience fees. You also probably won’t listen to me, or to your compliance team. But convenience fees are proving to be ironically named, and a sure-fire way to involve your agency in a class action lawsuit — at the least.