Confusion and threats of class action lawsuits continue to plague the debt industry regarding the appropriate method for accepting recurring check payments by phone or via a website.
Specifically, issues arise regarding the type of consent that a consumer must give to authorize recurring payments from a checking account or debit card. Further, the types of disclosures that must be provided by a debt collector accepting such payments are buried in the regulations. Clarity was originally provided on this topic in an article published in 2013.
In the most recent episode of the Debt Collection Drill podcast, attorneys John Rossman and Mike Poncin discuss recent issues and questions regarding compliance with the requirements for accepting payments by phone or via a website. Also discussed during the podcast is a recent scholarly study on the damaging impact of strict debt collection regulations on consumers. A link to that study may be found here.
(If you cannot see the audio player above, please download the file directly at http://traffic.libsyn.com/thedrill/TDCD_ep51.mp3)