If an entity acquires a debt in default and tries to collect on it, does that automatically make it a “debt collector” under the Fair Debt Collections Practices Act? Several courts, including the Third, Seventh, and Sixth Circuit Courts of Appeals, all said yes it does. In a surprise ruling earlier this week, however, the […]
Yesterday insideARM reported on an Eleventh Circuit Court of Appeals Decision confirming the validity of prior express consent in a TCPA case. This case and another one today in this article should be read together for an excellent discussion on the issue of “prior express consent.”
The U.S. Court of Appeals for the Third Circuit recently held, in a matter of first impression among all of the Courts of Appeals, that a debt collector bears the burden of proving that a communication with a third party falls within the exception for location information contained in subsection 1692b of the federal FDCPA.
The U.S. Department of Education (ED) Private Collection Agency (PCA) program remains an opportunity for small businesses despite recent wrangling over five contractor suspensions in March and a bid process for large (“unrestricted”) contractors still incomplete after two years. Goals have gone up over the last two years, with ED’s prime and subcontracting goals now at 20% and 33%, respectively.
The CFPB has ordered Springstone Financial to provide $700,000 in relief to victims of deceptive credit enrollment tactics, stating that many consumers who signed up for Springstone’s deferred-interest loan product at dental offices to pay for dental work were led to believe that the product was interest free. In fact, interest accrued from the date of the consumer’s purchase and was charged if the balance was not paid in full before the promotional period ended. Turns out this is a lesson in training, monitoring, and UDAAP violations.
DBA International announced a major update to its Code of Ethics which was adopted at its August 13, 2015 Board Meeting. The comprehensive update adds clarity to the industry’s rigorous ethical standards while seamlessly integrating the consumer protections contained in DBA International’s Receivables Management Certification Program.
How much would it help you to be able to identify the characteristics of consumers most likely to make payments? Or to analyze your compliance efforts and areas of risk? Would you like to improve profitability across account lifecycles? Do you need help to make better business decisions and improve business results? Analytics is your […]
Unfortunately, you have completely missed the mark. In your desire to end “robo-calling” you have dramatically injured and hindered many legitimate businesses, including every legitimate company in the ARM industry.
“This order is forcing the dialer companies to come up with solutions that they should have come up with years ago. So here again, I think this order has given us some clarity and it has forced the hand of the dialer companies to come up with solutions.” — John Rossman, Moss & Barnett
The FTC went into much more detail on their thought process in the second letter than in the original. Key elements from both letters are consistent, but the second letter provides additional color, analysis, and examples.