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The Telephone Consumer Protection Act of 1991 (TCPA) is the primary law in the U.S. governing the conduct of telemarketers. Its primary regulator is the Federal Communications Commission (FCC). The TCPA restricts the use of dialers, prerecorded voice messages, SMS text messages received by cell phones, and the use of fax machines. As such, debt collectors often find themselves restricted in the communication technology they can use, especially when the technology is not explicitly mentioned in the law. For example, until the FCC issued a declaratory ruling in 2008, the ARM industry was tacitly restricted from using autodialer technology to call mobile phones. Similarly, the use of text messaging is currently a legal gray area for debt collectors.


Three Ways Data Offers Businesses the Ultimate Insurance Policy

We’ve all heard of car insurance, home insurance, renter’s insurance, health and dental insurance, business insurance, malpractice insurance and yes, even pet insurance!  But how about data insurance? Our customers have stated that 15-20 percent of a collection agency’s bottom-line goes toward the cost of compliance.  Here’s something new to think about: If you currently […]


What’s Keeping Compliance Professionals Awake? UDAAP, Entrenched Behaviors

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 […]

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Judge Rejects “All For the Lawyer, None for the Class” TCPA Case Settlement Agreement

“Unfair, unreasonable, and inadequate, and it cannot be approved” says the Honorable Edmond E. Chang, US District Court Judge, of a proposed settlement in a TCPA class action case. The opinion is a fascinating discussion on the judicial approval process for a class action settlement. The court’s consideration of the reasonableness of the attorney fee request is particularly enlightening.


FDCPA Litigation Totals Dropping But Still High; TCPA Unmoved in August

August FDCPA litigation statistics show large litigation drops for two successive months. That’s according to the monthly report from WebRecon LLC (WebRecon) statistics on consumer litigation. FDCPA litigation was down by 12.6% in July after dropping 7.5% in June. While the trend is welcome, FDCPA litigation is still up significantly year-over-year. In fact, litigation totals are […]


LiveVox Corporate Counsel and TCPA Legal Expert Discuss the Latest FCC Ruling at Midwest Compliance Symposium 2015

SAN FRANCISCO – LiveVox Inc., a leading provider of cloud contact center solutions for enterprise operations, announced that its Corporate Counsel, Mark Mallah will join David Kaminski of Carlson & Messer to discuss the impact of the FCC Ruling on consumer contact approaches in the financial services/ARM industry at next week’s Midwest Compliance Symposium taking place […]


LiveVox To Present Healthcare Revenue Cycle Webinar to Decipher the Newest FCC Ruling for Contacting Patients

SAN FRANCISCO – LiveVox Inc., a leading provider of cloud contact center solutions for enterprise operations, announced that it will conduct a webinar for healthcare revenue cycle executives to understand the FCC’s latest ruling and its impact on contacting patients.  The webinar, conducted in partnership with Healthcare Financial Management Association (HFMA), will take place on Tuesday, […]