Third Judge in D.N.J. Rules Language Inviting Calls with Questions in Validation Letter Does Not Mislead Consumers About Writing Requirement for Disputes

Debt collectors have seen a flurry of cases in the District of New Jersey alleging that a validation letter that contains language inviting the consumer to call the debt collector with questions allegedly violates the Fair Debt Collection Practices Act (FDCPA). The argument is that this confuses the consumer into thinking they can orally dispute their debt even though section 1692g of the FDCPA requires that disputes be in writing. In yet another case, Ferrulli v. BCA Financial Services, Inc., Case No. 17-cv-13177 (D.N.J. Sep. 28, 2018), the court does not agree.

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FCC Seeks Further Comment on Interpretation of the TCPA in Light of the Ninth Circuit's Marks Decision

After the extreme position taken by the Ninth Circuit Court of Appeal two weeks ago the Federal Communications Commission (“FCC”) has decided to re-open the comment period to allow the public to weigh in on the scope of the Telephone Consumer Protection Act (“TCPA”), including the meaning of the phrase automated telephone dialing system. (“ATDS”).

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ARM-U 2018 Fall Semester: A Virtual Conference Series for Collection Industry Professionals

23 October 2018 at 01:00 p.m.

insideARM & the Compliance Professionals Forum present a virtual conference series where industry professionals gather to learn from experts focusing on critical topics & operational pressures. 

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