Local and federal authorities rightfully spend a lot of their enforcement efforts on finding and shutting down scammers. They should consider carefully the many laws/rules in development that will make it so much harder for legitimate companies to operate, while scammers, by definition, will not follow the rules no matter what they are.
The whitepaper, developed with DialConnection’s expertise and their incredibly popular webinar, Mobile Strategies in the Ever-Changing Age of Compliance, Presented by DialConnection, looks at four specific best-practice strategies for mobile numbers: Line type identification; time of day for outbound attempts; attempt counters to wireless numbers; and identifying wrong parties.
According to a report on The Hill website, House members from both parties have suddenly realized that new FCC TCPA rule clarifying auto-dialer restrictions related to mobile numbers will hamper their own efforts to reach constituents. They ask, well… how will we get consent?
A QR code visible on the face of an envelope embedded with an account number violates the Fair Debt Collection Practices Act, according to a recent decision from the United States District Court for the Middle District of Pennsylvania. A QR or “Quick Response” code is a type of bar code that can contain any […]
For the past 15 years lawyers have artfully drafted agreements that address such things as whether the accounts being worked are “in default” and whether the employees of an agency working the business are “de facto” employees of the creditor. Often the contract would require that those same employees be segregated from the rest of the company and/or working in isolated space. Numerous other provisions in First Party service agreements all have their genesis in deMayo. Times have changed.
The facts in Gelinas are only slightly different than those presented in Kostik. In the Gelinas case, the envelope in question displayed a series of 21 numbers, the last 10 of which were the original invoice number for the services rendered that created the outstanding balance due. (In Kostik the envelope displayed a barcode.)
In a decision filed on July 22, 2015, the US District Court for the Middle District of Pennsylvania in the case of Lisa Kostik v. ARS National Services, Inc., a new chapter is being written in the saga of what information can be displayed on the outside of an envelope a collector mails to a consumer.
Given the data that must be weighed by a creditor or debt collector in determining where a consumer resides – the area code of the number called, the zip code of the residence of record, any statements by the consumer about his or her place of residence – it is certain that the Discover Consent Order will be the start of yet another flood of consumer lawsuits against the collection industry regarding the calling of consumer cell phones.
Morgan Drexen went out of business in late June 2015 after filing for bankruptcy. On June 19, 2015, the company shut down its business after a federal court ordered the company to stop collecting money for debt settlement work. The CFPB is now notifying affected consumers about their rights and the actions they should now take.
The Eleventh Circuit Court of Appeals recently handed down a decision that went too far in holding that all litigation related activity is subject to the FDCPA. In pursuing their client’s judgment, an attorney and law firm obtained a garnishment against Nedzad Miljkovic. Miljkovic filed a claim for exemption in response, which the creditor disputed. However, the writ was eventually dissolved on the creditor’s attorney’s motion after Miljkovic provided discovery showing that his wages were exempt from garnishment.