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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.


LiveVox Presents a Follow Up to insideARM’s First Party Outsourcing Summit, Focusing on the Impacts of the TCPA into 2016

SAN FRANCISCO – LiveVox Inc., a leading provider of cloud contact center solutions for enterprise operations, announced it will host a webinar focusing on the discussions that emerged during insideARM’s October 2015 First Party Outsourcing Dummit session, “Impact of Latest FCC Ruling on Creditor In-House and Outsourced Contact Strategies”. The event will feature the Summit’s guest […]

Shattered Glass

Consumer Litigation “Continues to Evolve in Lurches”: Your October Debt Collection Stats

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?


A Guide to Tracking Consent and Revocation of Consent

Recent Telephone Consumer Protection Act (TCPA) developments have made it vital that collection agencies take a proactive, and sustainable, approach to managing contact consent, as well as revocation of that consent. The following list of questions may be helpful in considering where your process currently stands. Considerations Regarding Consent at the Originator  How is consent […]


The Supreme Court Takes Another Look at Mootness Following an Offer of Judgment in TCPA Class Litigation

At oral argument, the justices were split along ideological lines, with the liberal justices siding with the plaintiffs and the conservatives siding with Campbell-Ewald. The conservative justices focused on judicial economy and practicality, emphasizing the lack of adversity arguably resulting in no need for judicial involvement because the plaintiff has been offered everything to which he or she could possibly be entitled. On the other side, the liberal wing took issue with the premise that Campbell-Ewald’s offer was for complete relief, pointing out that the plaintiff also asked for his attorneys’ fees. In response, Justice Scalia noted, “I suppose he could ask for the key to Fort Knox, right? If it’s a frivolous claim, I don’t see why the Court can’t dispose of that initially in connection with the mootness.”


Performant Earnings Announcement Hits Three Hot Topics

Performant Financial Corporation (PFMT), historically one of the Department of Education’s (ED) top performing private collection agencies, yesterday announced financial results for its third quarter ended September 30, 2015. The company also hosted a conference call to discuss the results. Third Quarter Financial Highlights Total revenues of $38.5 million, compared to $39.6 million in the […]

Rotary Phone

Collectors Calling on Federal Debt May Now Use ATDS to Dial Cell Phones?

Last week I wrote about the latest budget deal working through Congress, and its inclusion of a provision to allow those collecting federal student loans to call consumer cell phones using an autodialer (ATDS). That two-year budget has since passed the Senate Friday by a vote of 64 to 35, and was signed into law yesterday by President Obama. But you’re not going to want to turn on that autodialer just yet.


Budget Deal Includes Autodialer Provision for Federal Debt Collectors

The latest congressional budget deal includes a provision to let companies collecting federal student loans (or other debts guaranteed by the government) collectors call cellphones using auto-dialers. A welcome boon to (a select few) collectors that have contracts with the Department of Education amid a sea of recent bad news, the move also highlights the double standard in the way lawmakers treat government vs. private debt.