In its first full year of taking and publishing consumer complaints about debt collection, the Consumer Financial Protection Bureau (CFPB) made public just over 39,000 grievances logged against collection agencies, debt buyers, and creditors for actions taken in the debt recovery process.
In 2014, there were 9,720 lawsuits filed in federal courts claiming violations of the Fair Debt Collection Practices Act (FDCPA), a decline of 5.7 percent from 2013. It was the third straight year of significant declines in consumer FDCPA case filings.
Kaulkin Ginsberg Company, the leading provider of merger and acquisition (M&A) and strategic advisory services for the accounts receivable management (ARM) industry, is pleased to announce that it has bolstered its longstanding valuation practice by launching a new corporation, Topline Valuation Group, LLC, in partnership with Santos, Postal & Company, P.C., the premier certified public accounting firm in the Washington, D.C. metro region, servicing small and midsize companies.
The Sixth Circuit Court of Appeals ruled Tuesday in a 2-1 decision that merely offering a settlement on a time-barred debt can run afoul of the Fair Debt Collection Practices Act (FDCPA) because a consumer might consider the word “settlement” to be a legal term and may assume they are being sued or that they could be sued in the future.
New York Attorney General Eric T. Schneiderman today announced that his office has obtained a settlement with debt buyer Encore Capital Group, Inc. (NASDAQ: ECPG) over the company’s debt collection practices in the legal collection channel.
insideARM today announced the appointment of industry veteran Timothy J. Bauer to the newly created position of President. The appointment is part of an overall strategy to broaden the scope of products and services provided by the company.
The debt industry will almost surely see significant regulatory — and even legal — changes this year when the CFPB issues its new rules. But there are some more immediate changes that have already gone into force or will be very soon.
In a ruling bound to increase compliance concerns for purchasers of bad debts and collection law firms hired to enforce judgments against consumers, the United States Court of Appeals for the Fourth Circuit in Powell v. Palisades Acquisition XI, held that the filing of an assignment of judgment is a collection action subject to the Fair Debt Collection Practices Act (FDCPA).
On December 18, 2014, the United States District Court for the District of Columbia (Case No. 13-1111) ordered consumer attorney Reid D. Henderson to pay almost $7,000 in attorney fees as sanctions for his repeated failures to comply with Court orders in a Fair Debt Collection Practices Act (FDCPA) suit.
Ask any collection agency executive about their top three compliance issues, and “voicemail messages” will most likely be among them. The reason? The FDCPA can present agencies with a real Catch 22. But the Zortman case offers an intriguing workaround with specific language.