The Slow Demise of Recent Collection Letter Overshadowing Claims

Agencies that collect debts in New York and New Jersey are likely no strangers to the law firm Barshay Sanders PLLC and their recent frequently-filed claim that the format of a collection letter—font size, location of the notice of validation rights, the use or lack of transitional language—overshadows the consumer's validation rights under the Fair Debt Collection Practices Act (FDCPA). The courts have been ruling on these claims over recent months, and there seems to be a consensus: the claim fails. 

Read the Whole Story »

News and Opinion

from insideARM.com

» The Slow Demise of Recent Collection Letter Overshadowing Claims

» As NYC DCA Language Rule Deadline Approaches, Questions Remain

» 2nd Cir. Holds FDCPA Defendant’s ‘Bona Fide Error’ Defense Should Go to Jury

» HFMA and ACA Update Medical Collection Best Practices in Wake of Covid-19

» Credit Eco To Go: A State of the ARM Industry Discussion

» Nevada to Extend "Work From Home" Provisions Through End of Year

» CFPB Announces new Consumer Advisory Board Members, No Respresentation for Debt Collectors Yet Again

» Eleventh Circuit Court of Appeals Holds that Incentive Payments Commonly Awarded to Class Representatives are Impermissible in a Classwide Settlement

As NYC DCA Language Rule Deadline Approaches, Questions Remain

Several months ago, New York City's Department of Consumer Affairs (DCA) adopted amendments related to Limited English Proficiency (LEP) consumers into its debt collection rules. The amendment was initially proposed on March 5, 2020, and a public hearing was held on April 10, 2020—just at the height of the COVID-19 pandemic scramble that led most businesses to send employees home to work. After receiving no comments, DCA moved ahead with its new rule. Only after the industry found its sea legs with the new world under COVID-19 did DCA agree to extend the grace period for enforcement of the new LEP rule to give it time to put forward an FAQ document for businesses. That extension comes to an end next week—on October 1—one big question remains unanswered.

Read the Whole Story »

insideARM Jobs

» Remote SR. COLLECTION SPECIALIST – Brown & Joseph, Ltd. –

» Client Assessment -Assistant Manager – Gurstel Law Firm P.C. – Golden Valley, MN

» Manager, Internal Recovery – Resurgent Capital Services – Greenville, SC

» Business Development Specialist – CKS Prime Investments – Chesapeake, VA

» Director of Audit and Compliance – Spring Oaks Capital, LLC – Chesapeake, VA

» Paralegal II, Litigation – Resurgent Capital Services – Greenville, SC

» Operations Manager - Medical A/R – Acclara Solutions, LLC – Oakland Park, FL

» Licensing Manager – Sitel – Omaha, NE; Nashville, TN; Remote, IA

» Outside Sales Executive - Financial Services – IC System – Vadnais Heights, MN; St Paul, MN

» Client Implementation Manager – Attunely – Seattle, WA; Remote; Remote; Remote; Remote; Remote

» Sales Executive- Financial Services Segment – DebtNext Software – Akron, OH

All Jobs

Free Reports and Webinars

from insideARM.com

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

» Succeeding in Collections Today Requires More Agility

» eVoke Inbox from RevSpring: A Strategic Email Solution That Truly Delivers

» iA Round Robin: Email Communications

» Amy Perkins and Joanna Bloor in Conversation: Navigating Your Career During Uncertainty

» iA Round Robin: Payment Portals

View all Free Reports and Webinars