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Daily Digest – May 9. Getting to Know Ryan Herber of Preferred Group of Tampa; Bills Introduced in Congress to Cancel All Medical Debt

Account Recovery

Getting to Know Ryan Herber of Preferred Group of Tampa Bills Introduced in Congress to Cancel All Medical Debt Judge Grants MSJ For Defendant in FDCPA Case Over Reporting of Alleged Disputed Debt Fed Proposes Opening Payment Networks on Weekends WORTH NOTING: In honor of Mother’s Day, a bouquet of advice for new moms and […]

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Navigating Debt Collection Challenges in the Tech Industry

Enterprise Recovery

The tech industry is known for its rapid growth and innovation but faces unique challenges regarding debt collection and non-paying clients. Understanding the intricacies of debt collection in this sector is essential for companies to recover payments and maintain financial stability. Learn more about the complexities of debt collection within the tech industry and the strategies for successful payment recovery.

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Bill Introduced in House to Amend FDCPA

Account Recovery

A bill has been introduced in the House of Representatives to amend the Fair Debt Collection Practices Act in order to include additional information when sending the validation notice while also expanding the requirements before filing collection lawsuits. What It Is: H.R.

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CFPB Takes Action Against Chime Financial for Illegally Delaying Consumer Refunds

Consumer Finance

Today, the Consumer Financial Protection Bureau (CFPB) took action against Chime Financial for failing to give consumers timely refunds when their accounts were closed.

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From Complexity to Clarity: Strategies for Effective Compliance and Security Measures

Speaker: Erika R. Bales, Esq.

When we talk about “compliance and security," most companies want to ensure that steps are being taken to protect what they value most – people, data, real or personal property, intellectual property, digital assets, or any other number of other things - and it’s more important than ever that safeguards are in place. Let’s step back and focus on the idea that no matter how complicated the compliance and security regime, it should be able to be distilled down to a checklist.

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Settlement Agreements Binding Without Signature

Jimerson Firm

The ultimate test of a binding settlement agreement is whether the parties to the agreement have a “meeting of the minds,” which is a mutual understanding of the essential terms of the agreement. At least one court in Florida has now ruled emails between attorneys can constitute an enforceable settlement agreement if the parties’ counsel had clear and unequivocal authority from the client to settle the case and correspondence between the parties’ attorneys showed that no essential terms of

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Eleventh Circuit Affirms Dismissal of FCRA Claims Since Alleged Inaccurate Information Was Not Objectively and Readily Verifiable

Consumer Finance Watch

Financial institutions, credit furnishers, debt collectors, and other businesses reporting consumer information to credit reporting agencies should take note that the Eleventh Circuit Court of Appeals has declined to impose a bright-line rule that only purely factual or transcription errors are actionable under the Fair Credit Reporting Act (“FCRA”).

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CFPB Takes Action to Require National Collegiate Student Loan Trusts and Pennsylvania Higher Education Assistance Agency to Pay More than $5 Million for Student Loan Servicing Failures

Consumer Finance

The Consumer Financial Protection Bureau (CFPB) today took action against National Collegiate Student Loan Trusts and Pennsylvania Higher Education Assistance Agency for multi-year servicing failures.

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From Bars to Business: Overcoming Barriers to Entrepreneurship for Formerly Incarcerated People 

Prosperity Now

As we look back on April’s Second Chance Month, it is important to remember that every year, more than 600,000 people are released from prison and given a chance to build a new life. Discriminatory hiring practices and other barriers often present obstacles to securing stable employment.

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Unlawful Freezing of Bank Accounts Requires Bank To Refund Monies With Penalties

FFGN COLLECT NY

In April, following an investigation by Attorney General Leticia James’ office, Pathward (formerly known as MetaBank) was required to refund money to account holders after unlawfully sending frozen deposits to creditors. In addition to refunding the monies, the bank also had to pay penalties for the unlawful freezing of the bank accounts. Between 2016 and 2022, Pathward wrongfully froze 1,400 bank accounts belonging to New Yorkers.

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When It Comes to Collections Software, “Good Enough” Isn’t Good Enough

Are you finding some snags in your collections process? With delinquencies, and the number of consumers looking for payment assistance on the rise, it may be time to consider an efficient cloud-based software to support your team. Learn how MeridianLink® Collect has helped financial institutions like yours streamline collections processes.

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Bills Introduced in Congress to Cancel All Medical Debt

Account Recovery

A quartet of lawmakers, led by Sen. Bernie Sanders [I-Vt.] yesterday announced that they are introducing bills in the Senate and House of Representatives that would wipe out all existing medical debt and remove it from consumers’ credit reports, among other changes.

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Invoice Formatting Tips: 5 Ways to Make Sure You Get Paid First

Direct Recovery

The best way to maximize your collection efforts is to minimize the number of collections you have in the first place, and reducing the number of accounts in collections starts with formatting your invoices. Invoices are the primary means of asking your customers to pay you for services rendered, but their effectiveness can vary dramatically depending on whether or not they include the following five essential elements.

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CFPB Report Highlights Consumer Frustrations with Credit Card Rewards Programs

Consumer Finance

The CFPB issued a new report finding consumers encounter numerous problems with credit card rewards programs.

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3 ideas for sustainability in fintech

On Guard

Did you know that in 2023 we, at Onguard, sent 6.241 empty cans for recycling? Sustainability is not a sprint, it’s a marathon, and a difference comes with a few small steps every day. This is why we are excited to join Visma’s Sustainability Month this May, as an opportunity to reflect and record our specific actions for a more sustainable future. Running through the whole of May, the idea of Visma Sustainability Month is not only to review our corporate actions but also to spark discussion and

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10 Ways to Improve Payment Collections with Salesforce

For finance teams using Salesforce’s powerful CRM technology, automation can transform accounts receivable processes, driving efficiency and delivering measurable results like cost savings, reduced customer churn, and lower DSO.

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Unenforceability of Ipso Facto Clauses

Jimerson Firm

Ipso Facto clauses are provisions in a contract providing that a party to the contract will be in default in the event of insolvency or due to the party’s financial condition. These provisions can cause headaches and heartburn, particularly when a party—or parties—are entering into bankruptcy proceedings. This blog will explain the limits of ipso facto clauses and why Florida courts decline to enforce them.

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Judge Grants MSJ For Defendant in FDCPA Case Over Reporting of Alleged Disputed Debt

Account Recovery

In a case that was defended by Xerxes Martin and the team at Martin Golden Lyons Watts Morgan, a District Court judge in Oklahoma has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling the “dispute” that the plaintiff alleged to have made during a conversation with a […]

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5 Key Lessons from The Psychology of Money by Morgan Housel

Direct Recovery

Legend has it that Morgan Housel wrote a large chunk of the first draft of The Psychology of Money in the same format as every other financial advice book, but then he took a hard left turn and chucked that draft into the trash. Housel had spent a large portion of his life breaking down complex financial topics into short blog posts, so why should writing a book be any different?

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Prepared Remarks of CFPB Director Rohit Chopra at the Joint Hearing on Airline and Credit Card Rewards Programs

Consumer Finance

CFPB Director Rohit Chopra provided opening remarks at the Joint Hearing on Airline and Credit Card Rewards Programs.

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Connect, Care, Convert: Secrets to Establishing Trust with Niche Markets and Turning Them Into Clients

Speaker: Lynnette Khalfani-Cox, The Money Coach®

Niche markets represent a huge opportunity for the financial services industry in America. From college students and women to communities of color and low-to-moderate-income households, niche populations have specialized financial needs – but they often underutilize many valuable financial products and services. How can you better connect with these consumers?

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Bailout: Are Accounts Receivable Sinking Your Profitability?

NCBA Law Practice Management Blog

Lots of small and solo law firms have staggering amounts of accounts receivable; and, even if those numbers are not sky high , for you – smaller amounts are still vexing. Accounts receivable end up counting against your profitability, because these reduce the amount of gross revenue you collect = the top line for your profit margin. So, the more you collect : the more you make.

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Foreign judgment: Chasing out-of-state judgments into Massachusetts

Collections Law

Do you have an out-of-state judgment? Does your debtor have assets in Massachusetts? Our relentless and aggressive commercial collection lawyers at Law Offices of Alan M. Cohen & Associates LLC will ethically employ any and all applicable methods allowed to us under state, interstate and federal rules and statutes to help you get paid. In the case of foreign judgments states are required to honor and recognize judgments those judgments by virtue of the U.S.

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Boost in Legal Collections Helps Propel Profits at PRA Group

Account Recovery

The turnaround under new leadership at PRA Group is continuing — the company reported net income of $3.4 million for the first quarter of 2024, compared with a net loss of $59 million during the same period a year ago.

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How to Properly Evaluate a Debt Collection Agency

Direct Recovery

There is a time in every business story when managing the accounts receivable becomes too big for the core team. Many companies hire a collection agency to handle their problematic or delinquent accounts when that happens. This can be a big help in alleviating some of the workload from your best people, allowing them to focus on what they do best. But if you aren’t careful and hire the wrong agency, it can also be a complete waste of time.

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Successful Change Management with Enterprise Risk Management

Speaker: William Hord, Vice President of ERM Services

A well-defined change management process is critical to minimizing the impact that change has on your organization. Leveraging the data that your ERM program already contains is an effective way to help create and manage the overall change management process within your organization. Your ERM program generally assesses and maintains detailed information related to strategy, operations, and the remediation plans needed to mitigate the impact on the organization.

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Statement of CFPB Director Rohit Chopra, Member, FDIC Board of Directors, on Proposed Rules Regarding Wall Street Compensation and Bonuses

Consumer Finance

CFPB Director Rohit Chopra issued a statement on the proposed rules regarding Wall Street compensation and bonuses.

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Member Spotlight: Education is Limitless

NACM

Credit professionals must consistently learn to advance their careers, whether through on-the-job training and experience or formal education, supported by their company's assistance. By earning designations through NACM's Professional Certification Program, credit professionals can learn and enhance their skillset in various aspects of B2B credit.

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Delayed Refunds Costs Chime Financial $5M

Account Recovery

The Consumer Financial Protection Bureau (CFPB) yesterday announced an enforcement action against Chime Financial, a San Francisco-based fintech company, for not providing timely refunds to customers after closing their accounts. This delay affected thousands of consumers, compelling many to turn to costly credit solutions to meet essential expenses.

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Judge Denies MTD in FDCPA Case Over Unpaid Rent

Account Recovery

A District Court judge in California has denied a defendant’s motion to dismiss a Fair Debt Collection Practices Act suit, ruling the arguments raised by the defendant were not applicable at this stage of the proceedings. The Background: The defendant attempted to evict the plaintiff because the plaintiff allegedly failed to pay his rent.

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ERM Program Fundamentals for Success in the Banking Industry

Speaker: William Hord, Senior VP of Risk & Professional Services

Enterprise Risk Management (ERM) is critical for industry growth in today’s fast-paced and ever-changing risk landscape. When building your ERM program foundation, you need to answer questions like: Do we have robust board and management support? Do we understand and articulate our bank’s risk appetite and how that impacts our business units? How are we measuring and rating our risk impact, likelihood, and controls to mitigate our risk?