FDCPA suits “unexpectedly [caught] fire this year, up more than 1200 suits (+14.5%) over this time in 2014,” according to Gordon. FCRA suits “works out to a dramatic +39% increase over this time last year,” and “TCPA’s YTD numbers have recovered due to the combination of a strong October and a weak few months at the end of 2014. Now up almost 200 suits (+8.7%) over this time last year, TCPA seems to have avoided the likelihood of a decline.” But none of this should be a surprise, so why is it?
At oral argument, the justices were split along ideological lines, with the liberal justices siding with the plaintiffs and the conservatives siding with Campbell-Ewald. The conservative justices focused on judicial economy and practicality, emphasizing the lack of adversity arguably resulting in no need for judicial involvement because the plaintiff has been offered everything to which he or she could possibly be entitled. On the other side, the liberal wing took issue with the premise that Campbell-Ewald’s offer was for complete relief, pointing out that the plaintiff also asked for his attorneys’ fees. In response, Justice Scalia noted, “I suppose he could ask for the key to Fort Knox, right? If it’s a frivolous claim, I don’t see why the Court can’t dispose of that initially in connection with the mootness.”
Regulators from the CFPB and the FTC encourage the debt industry to look at past enforcement actions and other publications to determine what issues are most important to those agencies. A review of the recent enforcement actions by the CFPB and FTC, as well as other publications, reveal three distinct trends: actions involving unfair treatment of service members; the failure of debt collectors to adequately distinguish and investigate FDCPA and FCRA disputes; and, racial bias in debt collection efforts.
Note: This is Part II of a Scorecard Series. Click here to read Part I. If operational effectiveness starts with and is driven by a balanced scorecard, then it is imperative that all of the functional support areas have scorecards that align to and associate closely with the goals of the operation. The talent acquisition […]
The Third Circuit Court of Appeals heard oral argument in the case of Bock v. Pressler & Pressler. Observers saw this as a significant case, with far-reaching impact upon attorneys who engage in debt collection litigation. From the tone of the Circuit Court’s questions, it was clear that policy consideration were at the center of the Court’s focus.
The latest edition of Consumer Financial Protection Bureau’s (CFPB) Supervisory Highlights (The Report) marks a bit of a departure from the past eight (8) reports of supervision activity. While The Report still focuses heavily on the significant deficiencies of consumer financial services entities to understand their compliance requirements from a lending, servicing, collecting and credit […]
How can a collector accurately identify, track, and respond to consumer disputes when the FDCPA does not define what a “dispute” is? How exactly do you define a consumer “dispute”? Are you sure you will know a dispute when you see it?
Last week I wrote about the latest budget deal working through Congress, and its inclusion of a provision to allow those collecting federal student loans to call consumer cell phones using an autodialer (ATDS). That two-year budget has since passed the Senate Friday by a vote of 64 to 35, and was signed into law yesterday by President Obama. But you’re not going to want to turn on that autodialer just yet.
Yesterday’s oral argument before the U.S. Supreme Court in Spokeo v. Robins suggests a struggle to fashion an understanding of what can constitute an “injury in fact.” It pitted the issue of whether a plaintiff’s standing to sue requires a tangible, concrete injury (loss of money, a job or property right) against the concept that the law can […]
The House is expected to vote later this week on a Highway Bill that includes a funding provision that would once again use private debt collectors (PDC) to collect debt owed to the Internal Revenue Service. Unlike most recent transportation legislation, this is a multi-year bill, which would allow the completion of more significant and […]