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CFPB Sues Encore for Issues Related to Collection Litigation and Time-Barred Debts (and the Irony Behind Some of These Claims)

Yesterday, the Consumer Financial Protection Bureau (CFPB) filed a lawsuit against Encore Capital Group, Inc. and its subsidiaries—Midland Funding, LLC and Midland Credit Management, LLC—for allegedly violating terms of the 2015 consent order between the parties, specifically as it relates to collection litigation disclosures and time-barred debts. Read on for a summary of the claims made against the Encore defendants.

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Ask the Researcher!

  1. What advice can you give us about collection notices? Read the answer here!

  2. Does anyone have any COVID-specific scripting they’re using with consumers? Read the answer here!

  3. How are you attempting to mitigate card chargebacks? Read the answer here!


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Government Agrees the TCPA Only Covers Random-Fire Dialers...So What Are We Still Doing Here?

I guess I should have seen this coming, but I didn’t. After forcefully battling to keep the TCPA on the books just last term, the U.S. Government has weighed in on the new Supreme Court TCPA ATDS debate. Instead of arguing for an expansive reading of the statute, the Government is asking the Supreme Court to narrowly interpret the statute to only apply to dialers that randomly or sequentially generate numbers to be called. This really does change everything.

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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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