Last week the Federal Deposit Insurance Corporation (FDIC) reissued FIL-14-2005 “Payday Lending Programs: Revised Examination Guidance” and its attachment, “Revised Guidelines for Payday Lending,” to clarify that bankers and others are aware that it does not apply to banks offering products and services, such as deposit accounts and extensions of credit, to non-bank payday lenders. […]
The utilities industry is a highly-regulated market with tremendous regional fragmentation despite its maturity. However, it presents excellent opportunities for ARM companies. Utilities collections accounted for $550 billion in revenue for the ARM industry in 2014. This market segment is comprised of three broad sectors – electricity, gas, and water – but electricity and gas […]
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?
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.”
Regulators from the CFPB and the FTC encourage the debt industry to look at past enforcement actions and other publications to determine what issues are most important to those agencies. A review of the recent enforcement actions by the CFPB and FTC, as well as other publications, reveal three distinct trends: actions involving unfair treatment of service members; the failure of debt collectors to adequately distinguish and investigate FDCPA and FCRA disputes; and, racial bias in debt collection efforts.
I’m sure you’ve heard the expression “work smarter, not harder.” In today’s environment you need to do both to grow your business. Utilizing skip trace technology is a business-growth engine because it takes care of “easy” day-to-day activities like phone number identification and change of address, while at the same time working harder to solve […]
Small cracks in a company’s paper trail can be big enough for slow-to-pay debtors to slip through. A new International Association of Commercial Collectors (IACC) survey, “What I Wish My Clients Knew, What I Wish They Told Me,” suggests that by closing any gaps in record-keeping and consistently following credit and collection procedures, commercial creditors would eliminate […]
LiveVox Inc., a leading provider of cloud contact center solutions for enterprise operations, announced that it will join operations experts from IHMS, in partnership with the Healthcare Financial Management Association (HFMA), to provide insights into the top insurance enrollment challenges moving into 2016 and innovative approaches to adapting existing resource to optimize patient engagement and […]
The Third Circuit Court of Appeals heard oral argument in the case of Bock v. Pressler & Pressler. Observers saw this as a significant case, with far-reaching impact upon attorneys who engage in debt collection litigation. From the tone of the Circuit Court’s questions, it was clear that policy consideration were at the center of the Court’s focus.
Americans who may have never heard of the Consumer Financial Protection Bureau (CFPB) before may have learned about it last night. The American Action Network (AAN), an advocacy group, launched a $500,000 ad campaign that ran throughout the evening on Fox Business, the host of the fourth GOP Primary debate. Additionally, the ad campaign aired during the post-debate commentary on Fox News Channel. The ad will also be online the next four weeks along with the launch of StopCFPB.com. What effect the ad will have, though, is anyone’s guess.