Trending Articles

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Appeals Court Vacates Ruling in FDCPA Case to Dismiss for Lack of Standing

Account Recovery

The Court of Appeals for the Third Circuit has vacated a lower court’s opinion in a Fair Debt Collection Practices Act case, but only to dismiss the complaint because the plaintiff lacked standing to sue, instead of dismissing the case because the plaintiff failed to state a claim.

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Ethical Collection Techniques For Recovering Late Payments

Enterprise Recovery

In today's competitive business landscape, it's important to manage late payments while upholding positive client relationships. Use the following techniques to navigate the delicate balance of recovering outstanding debts while maintaining trust and loyalty with your clients. Discover ethical collection practices to help recover late payments while maintaining positive client relationships.

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Appeals Court Side-Steps Chance to Create Bright-Line Rule on FCRA Claims, But Still Affirms Ruling for Defendant

Account Recovery

The Court of Appeals for the Eleventh Circuit yesterday issued a ruling in a long-awaited Fair Credit Reporting Act reasonable investigation case, but side-stepped the issue that everyone was hoping it would decide, instead affirming the District Court’s ruling in favor of the defendant, but for an entirely different reason.

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CFPB Takes Action to Stop Illegal Junk Fees in Mortgage Servicing

Consumer Finance

The Consumer Financial Protection Bureau (CFPB) published an edition of Supervisory Highlights describing the agency’s actions to combat junk fees charged by mortgage servicers.

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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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Unleash the power of Rule 69 to help you collect on your judgment

Collections Law

Winning a judgment from the court might feel like a victory, but getting paid might be a whole new battle that you and your company were not expecting. At Law Offices of Alan M. Cohen & Associates LLC, our Massachusetts commercial collections attorneys have over 50 years of experience in aggressive, relentless, effective and commercial debt collection including but not limited to judgment enforcement and domestication.

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Federal Trade Commission Declares Non-Compete Agreements to be Unenforceable Unfair Competition

Price Meese

Federal Trade Commission Declares Non-Compete Agreements to be Unenforceable Unfair Competition On April 24, 2024, the Federal Trade Commission issued its “Non-Compete Clause Final Rule” (the “Rule”). [1] The Rule declares that non-compete agreements will be a form of unfair competition in all states. A non-compete agreement is defined as a term of an agreement or policy of employment that would interfere with an employee’s seeking or accepting work with any other employer, or operating any kin

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Daily Digest – April 26. Suit Accuses Collector of Communicating in Different Channel After Receiving Refusal to Pay; Appeals Court Affirms Ruling for Defendant

Account Recovery

Suit Accuses Collector of Communicating in Different Channel After Receiving Refusal to Pay Appeals Court Side-Steps Chance to Create Bright-Line Rule on FCRA Claims, But Still Affirms Ruling for Defendant FTC Sues Payments Company For Charging Consumers Millions of Dollars in Junk Fees Bankruptcy Filings See Notable Increase in 2024 WORTH NOTING: The World Health […]

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CFPB Finds 15 Million Americans Have Medical Bills on Their Credit Reports

Consumer Finance

The CFPB today released research showing that 15 million Americans still have medical bills on their credit reports despite changes by Equifax, Experian, and TransUnion.

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A Contractor’s Perspective on the Initial Decision Maker in Construction Contracts

Jimerson Firm

In the ever-evolving realm of construction contracts, navigating the contractual dispute resolution procedures can pose significant challenges for contractors. Since the 2007 revision to AIA contract forms, the so-called Initial Decision Maker (IDM) process has become more common and is presenting new challenges for contractors. Thus, a basic understanding of the IDM process is essential for contractors seeking to navigate these complexities.

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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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English Football Legend banned from being a Company Director

UK debt collections

John Barnes, the former England and Liverpool footballer, has been banned as a company director after his business failed to pay tens of thousands of pounds in tax. John Barnes Media Limited failed to pay more than £190,000 in corporation tax and VAT between 2018 and 2020, it was revealed following an investigation by the Insolvency Service. HMRC was the firm’s only known creditor when it ceased trading.

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Loan Origination Definition, Process, Examples

Qualco

NPL Management: A 5-Step Roadmap to Strategic Success is the latest e-Guide to be published by Qualco UK. You can view it here. In today's regulatory environment, when it comes to collecting overdue accounts, the clear, overarching message is that the customer must be treated fairly and ethically. However, in a small number of credit businesses, the right strategies for systems and people have not been set.

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Daily Digest – April 25. Getting to Know Jessica Kagansky of Crown Asset Management; Appeals Court Affirms Ruling in FCRA Case Over Dispute Investigation

Account Recovery

Getting to Know Jessica Kagansky of Crown Asset Management Appeals Court Affirms Ruling in FCRA Case Over Dispute Investigation CFPB Publishes Supervisory Highlights on Mortgage Servicer Issues DFPI Fines Student Loan Servicer for Delivering Report 17 Days Late State Collection Service Achieves HITRUST Risk-Based, 2-year Certification WORTH NOTING: Animals get stressed during eclipses, it turns […]

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Statement of CFPB Director Rohit Chopra, Member, FDIC Board of Directors, on Reviewing Investments in and Takeovers of Banks

Consumer Finance

As Americans suddenly realized they could not withdraw their funds from Sam Bankman-Fried’s FTX in November 2022, they wondered whether they would ever get their money back. In FTX’s bankruptcy filing was an unusual item: a deposit account held by FTX worth roughly $50 million at Farmington State Bank.

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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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How Medical Debt Can Impact Your Credit Score

Credit Corp

Medical debt can negatively impact your credit score by increasing your credit utilization ratio. Or, if you don’t pay off the debt, by being listed as a charge-off or an item in collections on your credit reports. Medical debt can have a direct impact on your credit score in a few different ways. How it will affect your credit score will depend on a few different factors, like: Where you check your credit score How much medical debt you have How long you’ve had that medical debt If you’ve fully

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Acquiring a Judgment Debtor’s Interest in an LLC

FFGN COLLECT NY

New York debt collection laws allow judgment creditors many ways to collect from debtors. One option available is to take over or “charge” a judgment debtor’s interest in an LLC or limited liability company. An LLC is a separate entity that offers personal liability to each of the shareholders or stockholders. An individual and/or corporation may have an interest in an LLC, and that interest is fair game when it comes to judgment enforcement in New York.

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Why creditors should know what it means to “pierce the corporate veil”

Collections Law

On occasion, a corporation may appear destitute, even defaulting on its financial responsibilities and unable to satisfy its debts. Meanwhile, its shareholders or business owners appear flush with cash. This scenario can be frustrating to a debtor. When it seems as though an individual is hiding behind the corporate structure of their company, it is understandably infuriating.

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Appeals Court Affirms Ruling in FCRA Case Over Dispute Investigation

Account Recovery

If two consumers dispute a debt and the furnisher submits corrections to how the debt is being furnished, how can the consumers claim the investigation that was conducted was unreasonable? They can’t, the Court of Appeals for the Ninth Circuit has ruled, affirming a lower court’s ruling.

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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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CFPB Toma Acciones para Detener el Cobro de Tarifas Inesperadas en la Administración de Hipotecas

Consumer Finance

CFPB publica una edición de su Reporte de Supervisión descibriendo sus acciones para combatir tarifas inesperadas cobradas por administradores de hipotecas.

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Why Hiring a Debt Collection Agency Can Save Your Small Business Money and Hassle

JMA

For many small to medium-sized business owners across Australia, managing finances smoothly is crucial for survival, yet outstanding debts can throw a wrench in the works. When invoices remain unpaid, it’s not just an annoyance; it can disrupt your cash flow and put your business’s health at risk. While the idea of handling debt collection.

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April 2024 – The Power of Positivity

Jimerson Firm

Featured in the April 2024 Issue: Partner’s Perspective: Stepping Out of Your Comfort Zone in the Workplace “In our fast-paced world, filled with ambitious goals and grand aspirations, it is easy to overlook the significance of small victories. However, there is a profound impact that celebrating small wins can have on our overall sense of positivity and well-being. “ Blog Highlights Curiosities, Ruminations and Various Eccentricities of Firm Biz READ NEWSLETTER The post April 2024 &

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Barron & Newburger’s Latest Risk Management Guidance

BN Lawyers

Here’s the latest risk management guidance, published in March 2024, from B&N’s Attorneys Risk Management practice group. BN- Tip of the Month – Lawyers Fraud Avoidance Duties Clarified – March 2024 The post Barron & Newburger’s Latest Risk Management Guidance appeared first on Barron & Newburger, P.C.

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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?

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Daily Digest – April 24. Judge Remands Collection Lawsuit Back to State Court; FTC Enacts Ban on Noncompete Clauses

Account Recovery

Judge Remands Collection Lawsuit Back to State Court FTC Enacts Ban on Noncompete Clauses Walmart-Backed Fintech Starts Offering BNPL Services 25 Companies Seeking Collection Talent Attorney Issa K.

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Member Spotlight: Setting a Strong Foundation

NACM

The goal for B2B credit managers is to wisely offer credit to customers, minimize nonpayment risk and foster business relationships. It is through NACM's Professional Certification Program, that credit professionals are able to learn or re-educate themselves on various aspects of trade credit, becoming a more efficient credit leader in the process.

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What Are Preferential Payments in Bankruptcy?

Sawin & Shea

Before someone makes a bankruptcy filing, it is not uncommon for debtors to feel as if they have to make some tough decisions. Which creditors can they pay? Which ones will not get the payment they’re owed? This typically occurs because the debtor doesn’t have the money to pay all of their creditors, so they feel they need to rank which ones are more important to pay first.

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Judge Remands Collection Lawsuit Back to State Court

Account Recovery

In most Fair Debt Collection Practices Act cases that are started in state court and then removed to federal court, it is the defendant — usually a collection operation of some kind — that is seeking to have the case heard before a federal judge. This time, it’s the other way around.

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You Put in a Full Work Week. Shouldn’t Your Collections Software Do the Same?

Discover a modern, cloud-based collection system that never takes a rest day. MeridianLink® Collect is an intuitive platform with advanced customization options developed to simplify the collections process. Here are four ways MeridianLink Collect can support your team: Omnichannel communications Compliance rules & checklists Workflows & queues One interface with supporting integrations And that’s just the start.