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.
In a 2-1 opinion decided and filed on October 22, 2015 the Sixth Circuit Court of Appeals determined that a voicemail message left at the payroll department of a consumer’s business was not a “communication” as that term is defined in the FDCPA.
A District Court Judge has granted a motion to continue the stay of a TCPA lawsuit, pending resolution of the various appeals challenging the FCC’s July 10, 2015 Declaratory Ruling and Order. The judge predicted both good and bad news for the ARM industry.
In addressing the CAB, Cordray underlined this new, anti-arbitration direction for the CFPB: “Companies use [arbitration clauses]…to block class action lawsuits, providing themselves with a free pass from being held accountable by their customers in the courts.”
The Federal Communications Commission announced yesterday that the Commission will release robocall and telemarketing consumer complaint data weekly “to help developers build and improve ‘do-not-disturb’ technologies that allow consumers to block or filter unwanted calls and texts.” The unverified data, including originating phone numbers of telemarketers and automated robocalls, will be released and available on the FCC’s Consumer Help Center’s website.
The Hill (a publication read by those who influence policy in Washington) recently published an op-ed by Chi Chi Wu, a staff attorney at the National Consumer Law Center, about the IRS Private Debt Collection (PDC) program. She argued that it was a disaster and Congress should not revive the program. Yesterday The Hill ran an op-ed submitted by Stephanie Eidelman, CEO of insideARM, in response to Wu’s article.
Recurring payment arrangements sound simple — deceptively so, as it turns out. The hard part for debt collectors is understanding the unique consent requirements associated with preauthorized electronic funds transfers. John Bedard of the Bedard Law Group takes a in-depth look at EFTA problems facing the debt industry.
Plaintiffs in an FDCPA class action suit filed earlier this year against Portfolio Recovery Associates have filed a motion to modify the class. PRA opposed the motion, offering multiple arguments, all of which were all rejected earlier this month.
The Plaintiff alleged that the Defendant violated the TCPA by calling her using an automatic telephone dialing system (ATDS) and by calling a phone number on the national do-not-call registry for the purposes of a telephone solicitation. D&B moved for summary judgment, arguing that the phone used to call Freyja was not an ATDS and the purpose of the call was not solicitation.
The CRC announced today that Cavalry Portfolio Services, LLC (Cavalry) recently joined as its newest member company. Tim Stapleford, CEO of Cavalry, commented, “I truly believe that this is the right initiative at the right time. The CRC has developed relationships with consumer groups and is working to open lines of communication that have been closed for a long time. We are excited to be a part of this important effort, and to help where we can.”