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Bona Fide Error Defense Doesn't Always Apply in "Amount of Debt" Cases

Court decisions have long ago established that the bona fide error defense generally applies only to mistakes of fact, not mistakes of law. What does that mean? In the context of listing the amount of debt owed in a collection letter, the bona fide error would typically apply—assuming all other elements are met—in situations where there is a typographical error or a faulty math calculation. However, it would not apply where the debt collector misinterpreted how to comply with the Fair Debt Collection Practices Act (FDCPA). A recent case out of the District of Arizona shows an example of the latter.

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We’re Looking for a Few Top-Notch Experts. Someone Mentioned Your Name to Me.

We are looking to develop this year’s semester of ARM-U, insideARM’s series of compliance and operation webinars offered absolutely free thanks to the generous underwriting of our sponsors.


We are looking for experts in the industry with a passion for educating -- and we’re looking for topics that are vital for the industry to wrap its arms around if they want to stay operationally compliant. Topics can include everything from Disaster Recovery to Data Security to a deep dive into FCRA compliance. Get in touch with our Director of Education, Mike Bevel, for more info or to suggest a topic or panel.


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FCC Takes Next Steps on STIR/SHAKEN Implementation and Combatting Illegal Robocalls

The Federal Communications Commission (FCC) has released its next initiative “to continue the FCC’s work to implement the TRACED Act and promote the deployment of caller ID authentication technology” (i.e., STIR/SHAKEN). This next step would “adopt rules implementing many of the proposals [the agency] made in the First Caller ID Authentication Report and Order and Further Notice. Among other things, [the proposal would] adopt rules governing intermediate providers and caller ID authentication in non-IP networks, we implement the exceptions and extensions established by the TRACED Act, and we prohibit line-item charges for caller ID authentication.”

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Navigating the “PayFac” Era: Rules, Regulations, and Electronic Payment Processing Requirements

16 September 2020 at 01:00 p.m.

For collection agencies, the ability to process electronic consumer payments is key to maximizing revenue recovery and competing effectively in today’s marketplace. Paper checks are relics of days long gone, post-dated checks are riddled with risk, and bank transfers make consumers nervous. In the modern digital age, card payments reign supreme.

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