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Supreme Court: FDCPA Claims Run from Date of Violation, Not from Date of Discovery

There is no discovery rule for federal Fair Debt Collection Practices Act claims, the U.S. Supreme Court held today. Affirming the U.S. Court of Appeals for the Third Circuit’s decision in Rotkiske v. Klemm, today’s opinion also overrules an earlier ruling from the U.S. Court of Appeals for the Ninth Circuit, Mangum v. Action Collection Serv., Inc. There, the Ninth Circuit permitted FDCPA claims to run from when the plaintiff knows or has reason to know of the violation.

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How Data Analytics is Redefining Collections

A major problem in the collections industry is that a fair amount of outdated, inaccurate or unverified data is often used to guide multi-million-dollar decisions. Using such data leads to myriad problems:

  • Pursuing the wrong accounts is time-consuming
  • Relying on poor data can lead to wasted court costs and effort 
  • Focusing on the wrong accounts results in missed opportunities 

In response to the industry’s need for more accurate and timely information, Unifund created Recovery Decision Science. RDS’s mission is simple:

Provide debt portfolio managers with a data-driven model to guide the portfolio management process and maximize the return on their treatment decisions. 

RDS developed two groundbreaking, proprietary analytics models that have begun to pay dividends fr our clients:

  • Paymetrix AD (Account Decisioning): identifies and prioritizes legal collection decisions
  • Paymetrix AI (Asset Identification): gives portfolio managers the power to identify previously undiscovered consumer assets. 

This white paper shows how the Paymetrix suite of advanced data analytics can be used to maximize decision-making and returns at every stage of managing a debt portfolio.

Paymetrix AD and AI are now featured within the portfolio of financial analysis products offered by LexisNexis Risk Solutions.

Download here.


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You Oughta Know, 11 December 2019

Welcome to You Oughta Know, a collection of links from around the internet that you should probably know about.


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iA Strategy & Tech

10 June 2020 at 06:00 p.m.

Join the sharpest minds in credit and collections strategy. Experience the newest in industry tech live on-stage.

Event Details »


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