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How Spokeo May Limit Consumer Financial Services Litigation

This week’s decision from the U.S. Supreme Court in Spokeo v. Robins should bolster the defense of companies subject to several federal consumer protection statutes. The ruling addresses lawsuits that claim an injury created solely by the violation of a federal statute and require the plaintiff to demonstrate not only that the statute was violated, but that the plaintiff herself suffered harm.

Opinion on Red Keyboard Button.

Debt Collection Litigation in the Cross Hairs: CFPB’s Consent Order Against New Jersey Law Firm Creates More Problems Than Solutions

This article originally appeared as an Alert on ClarkHill.com, and is republished here with permission. Lightning can strike twice. With the ink barely dry on the Consent Order against the Hanna Law Firm (Hanna) in Georgia, the Consumer Financial Protection Bureau (CFPB or Bureau) yesterday took action against another debt collection law firm for the filing […]


Appellate Courts Hold Typical Collection Letters Violate FDCPA

The requirements for what debt collectors are required to provide in “snail mail” notices to consumers arises from a patchwork of Federal, State and local laws — as well as case law that often varies by jurisdiction — and many of the requirements are antiquated, dating back to the 1970s. Unfortunately, these dated and contradictory collection letter requirements continue to result in lawsuits and adverse Court decisions against debt collectors.


Have You Been Sued by Todd Bank?

This post originally appeared on the blog of Klein Moynihan and is re-published here with permission. The article was co-authored by David O. Klein and Joshua Wueller. The Federal Communications Commission (the “FCC” or “Commission”) is currently seeking comment on whether it should establish a bright-line rule for telephone lines in residential homes that are used for business […]


Convenience Fees: Potential for Mischief?

Two attorneys — one for collections, one for consumers — talk through urgency channels, convenience fees, and due dates. It’s another example of how language that, on the surface, seems helpful and clarifying for a collection agency, can also be seen as deceptive, by a consumer attorney, to the Least Sophisticated Consumer.


Headline The ARM Industry Should Like to See: “Closing Time for a Fake Debt Collector”

Yesterday, at the request of the FTC and Illinois AG, a federal court has shut down a network of businesses and operators that falsely claimed to be debt collectors collecting real payday loan debts. The first paragraph in the FTC’s Blog about the event was perfect: “It’s fine to play ‘let’s pretend’ when you’re young; you can be an astronaut today and an inventor tomorrow. But grown-ups who pretend to be debt collectors and lie to get peoples’ money are headed for trouble.”

Approach with Caution: The Intersection of HR and Compliance

For the ARM industry nothing is top of mind more than compliance. We have entire departments solely focused on monitoring and evaluating an employee’s ability to engage a customer in both a productive and complaint manner. Who has a stake in ensuring that employees embrace compliance? Operations, absolutely. Training, duh. Quality, indeed. But what about human resources? Many businesses fail to recognize the dependencies that exist between compliance and human resources. When the two are in lock step, the business wins.

Opinion on Red Keyboard Button.

FTC Expands List of Banned Debt Collectors; Is There Any Connection to Legitimate Firms?

Today the Federal Trade Commission (FTC) announced it had added several new entries to its list of banned debt collectors; a list the FTC informally calls “The Debt Collection Hall of Shame.” The FTC first issued the list in February 2015, containing individuals and companies whose behavior was so egregious that courts have banned them permanently […]