Having a plan in place for how your company will manage collections of deceased account holders will go a long way toward making sure this delicate situation is handled with extra care. It is important to note that the baby boomer generation is far more credit savvy, and will expect there to be a disciplined process around this inevitable event. Additionally, it is essential that your plan is well thought out, and in compliance with regulations.
The State of California is considering a bill that would add additional limits to the amount a creditor can garnish. Currently, “Existing law prohibits the amount of an individual judgment debtor’s weekly disposable earnings subject to levy under an earnings withholding order from exceeding the lesser of 25% of the individual’s weekly disposable earnings or the amount by which […]
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.
John G. Schanck, Chairman of Stellar Recovery, Inc. is pleased to announce the development and implementation of a cutting-edge risk management and compliance model, new to the industry. Stellar Recovery has contracted with a Florida law firm, the Assurance Law Group, which will be dedicated exclusively to serving the legal needs of Stellar Recovery, Inc. […]
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.
Due to loss of revenue, the USPS has implemented reforms in an effort to combat changes. These include consolidating as many as 82 mail processing facilities, raise rates, and, perhaps most importantly, single-piece, First-Class mail is expected to be delivered in two to three days, rather than one to two days – and overnight delivery may be eliminated for a considerable portion of First-Class mail. Does that have to affect your collection floor?
As part of a larger CFPB enforcement action announced today against Citibank, N.A., Department Stores National Bank (a Citibank subsidiary) will pay $23.8 million for deceptively charging expedited payment fees to nearly 1.8 million consumer accounts during collection calls.
Contrary to many pundits, not everything that the CFPB does gets escalated into a federal case. By our reading, the CFPB noted 138 individual issues, showing that they are using discretion in escalating issues when conducted on-site inspections of regulated entities. We feel that the issues fell into 5 primary categories; read more to find out.