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Debt Collection

Debt collection refers to the work done to recover balances from credit accounts that are past due. Most commonly, debt collection specifically references third party debt collectors whose clients include banks, credit card issuers and other credit grantors, debt buyers, governments, and any organization that extends credit or owns an account where a balance is due. Collection methods traditionally include phone calls from call center agents, e-mails, and letters, and increasingly, SMS text. If an account remains in arrears after these efforts, the collection agency may contract with a collection attorney to file suit to recover the debt, if the collection agency is not positioned to do so.

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Podcast: Should Debt Collectors Email Consumers?

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.

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Stellar Recovery Secures Milestone Victory in TCPA Case

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 […]

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Phillips & Cohen Associates Announces Asia Pacific Expansion

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, […]

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DC Circuit Rejects FDCPA ‘Meaningful Involvement’ and Related State-Law Claims

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.