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FDCPA’S Bona Fide Error Defense Applies to a Mistake of Law in Determining the Appropriate Statute of Limitations

Whether a mistake of law that results in the filing of a lawsuit after the expiration of the applicable statute of limitations is a bona fide error under the Fair Debt Collection Practices Act (FDCPA) has been hotly debated since the United States Supreme Court held in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA that the bona fide error defense does not apply to a mistake in interpreting the FDCPA. In an issue of first impression, the United States Court of Appeals for the Ninth Circuit answered in the affirmative, holding that the defense could apply to a mistake of law in determining the appropriate state statute of limitations. See Kaiser v. Cascade Capital, LLC et al., No 19-35151 (March 9, 2021).

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Secret Sauce: How the Behavior Change Cycle Will Improve Call Center Sales Success

Companies invest millions each year to optimize their call center sales and collections processes and results, yet research shows that many collections agents are not actually doing the basic things all these carefully crafted workflows expect them to do. In this new, free whitepaper from VoiceOps, learn about 5 key steps you can use right now to improve adherence to your collections process across your call center floor and boost your sales. Get the insight you need right now.
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Denials Management Firm, ARMC Financial Services, Acquired by Revco Solutions

ROCKVILLE, Md -- Greenberg Advisors (“GA”) is pleased to announce the acquisition of ARMC Financial Services (“ARMC”) by Revco Solutions (“Revco”), which is a portfolio company of Longshore Capital Partners (“Longshore”). GA initiated the transaction for Revco and Longshore.

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Spring Oaks Capital Hires Michael Cheng as Group Controller

CHESAPEAKE, Va. -- Spring Oaks Capital, LLC has hired Michael Cheng as Controller for the various legal entities that make up the Spring Oaks Capital group. In this role, Cheng will be responsible for all accounting functions across the operating company and its affiliates. Cheng, a CPA with both public accounting and industry experience, also holds a Bachelor of Business Administration from James Madison University and a Master of Science in Accountancy from Old Dominion University.

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AMCA Enters 21 Million Dollar Settlement with States

On March 11, 2021, American Medical Collection Agency (AMCA) settled with 40 states and the District of Columbia regarding its 2018/2019 data breach.  AMCA specializes in collecting small-dollar medical debt. Between August 1, 2018, and March 30, 2019, a hacker compromised AMCA’s web payment page, exposing the personal information of at least 21 million individuals across the country.

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FTC Permanently Bans Collection Agencies From Debt Collection

In tandem with federal and state regulators and attorneys general, On September 29, 2020, the FTC launched Operation Corrupt Collector to target collectors who engage in unauthorized and abusive collection practices. Simultaneously, the FTC announced it filed suit and had obtained temporary restraining orders against National Landmark Logistics (National) and Absolute Financial Services (Absolute).

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Dancing to Their Own Tune: Empowering Consumers Through Self-Service

Ralph Liberio, President and CEO of NCB Management Services, Inc. stopped by Clark Hill’s Credit Eco to Go to discuss the CFPB’s new debt collection rules and the power consumers now have to resolve their debts on their own. NCB’s self-service web-based portal allows consumers to make payments on their own terms and to set their preferences of when and how they want to be communicated with, including opting-in to receiving emails and texts. Ralph tells us that consumers are more responsive and engaging when they have control over the rhythm, flow, and “beat” of the communication.  When it comes to debt collections, consumers like to dance on their own.

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iA Strategy & Tech 2021

13 July 2021 at 09:00 a.m.

Hear from the experts who can help transform your strategy.

You don't want to spend one unnecessary cent on your accounts. Find out how evolving ideas in strategy, cutting-edge tactics and a sophisticated blend of technology can get you much, much closer to that ideal.

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