The State of California legislature has amended its requirements for debt collectors who receive consumer claims of identity theft. The law, labeled the Identity Theft Resolution Act, was signed by the Governor on September 16, 2016. The law becomes effective on Jan. 1, 2017.
The issue of whether debt collectors may email consumers is finally being given serious consideration by regulators. The latest podcast from John Rossman and Mike Poncin of Moss & Barnett drills down into the current legal landscape regarding the use of email for debt collection communication and provide specific steps for collection agencies to begin the use of email to contact consumers.
There is a strong indication that the U.S. Department of Education is finally getting its act together and will award the unrestricted portion of its contract by the end of September. Reference checks were recently conducted, which most insiders believe is the final step before contracts are granted.
Last week the 5th Circuit Court of Appeals ruled for the Plaintiff in Daugherty v. Convergent Outsourcing Incorporated; LVNV Funding, LLC, a case about what a collection letter did not say.
Debt collection agencies are subject to regulation (and potential enforcement actions) from at the federal, state – and in some cases – local level. Keeping up with potential changes can be challenging. Recent developments include activity in Montana, Massachusetts, Rhode Island, and Maryland.
JACKSONVILLE, Fla. — Stellar Recovery secured an important court victory this month which significantly reduces the legal risk associated with the use of telephone dialing technologies to contact consumers. As those in the collection industry are well aware, the Telephone Consumer Protection Act (“TCPA”) prohibits the use of automatic telephone dialing systems (“ATDS”) when calling cellular telephones. Just what […]
On Tuesday a federal judge in Pennsylvania dismissed — for the third time — a proposed class action against Bank of America over collection litigation on accounts Bank of America had previously securitized.
insideARM maintains a free FDCPA resources page to provide the ARM community a destination for timely and topical information on the Fair Debt Collection Practices Act (“FDCPA”). This page is generously supported by TransUnion. See the page here or find it in our main navigation bar from any page on insideARM. The cornerstone of the page is a chart of […]
MELBOURNE, Australia — Phillips & Cohen Associates, the global leader in deceased account management, today announced its entry into the New Zealand market, marking the next stage of its expansion in the Asia Pacific region. The group, which has delivered market leading compassionate recovery solutions since 1997, operates in the US, Canada, the United Kingdom, […]
The U.S. Court of Appeals for the District of Columbia recently held that, under the FDCPA, a collection letter from a law firm did not misrepresent any meaningful involvement by an attorney. Because the letter clearly stated that the law firm was acting as a debt collector, and that no attorney with the law firm had reviewed the debtor’s account, the D.C. Circuit held the letter was not deceptive as a matter of law.