Tue.Aug 18, 2020

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Appeals Court Overturns FDCPA Case That Used BFE Defense

Account Recovery

The Ninth Circuit Court of Appeals has overturned a lower court’s ruling that granted summary judgment in favor of a debt collector that was sued for violating the Fair Debt Collection Practices Act because it was entitled to the Bona Fide Error defense, determining that the lower court erred in assessing the BFE test. A … The post Appeals Court Overturns FDCPA Case That Used BFE Defense appeared first on AccountsRecovery.net.

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13 Interesting Insurance Facts

Brown and Joseph

Not all insurance policies are boring! Since the insurance industry can be a little dry, here are 13 interesting insurance facts you probably didn’t know.… The post 13 Interesting Insurance Facts appeared first on Brown & Joseph, LLC.

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Daily Digest – August 18. Appeals Court Overturns FDCPA Case That Used BFE Defense; Calif. Lawmakers Still Pushing to Create Own CFPB

Account Recovery

APPEALS COURT OVERTURNS FDCPA CASE THAT USED BFE DEFENSE The Ninth Circuit Court of Appeals has overturned a lower court’s ruling that granted summary judgment in favor of a debt collector that was sued for violating the Fair Debt Collection Practices Act because it was entitled to the Bona Fide Error defense, determining that the … The post Daily Digest – August 18.

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The Property Line: Don’t Let New Fee Stop You From Refinancing

Nerd Wallet

Millions of homeowners could still benefit from refinancing their mortgages to get a lower interest rate. This is true even after a federal regulator startled lenders by dictating a new fee that amounts to a tax on refinancing. Many could save by refinancing Mortgage rates began falling in the spring, as the potential economic impact. Holden Lewis is a writer at NerdWallet.

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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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N.Y. AG Extends Collection Moratorium

Account Recovery

Even though the state seems to be controlling the number of coronavirus cases and in the face of other states relaxing the collection restrictions that they have put in place, the Attorney General of New York has extended — for the fifth time — a moratorium on collecting certain debts that are owed to the … The post N.Y. AG Extends Collection Moratorium appeared first on AccountsRecovery.net.

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California Lawmakers Still Pushing to Create Own CFPB

Account Recovery

Things are moving fast and furious in California as state lawmakers are attempting to create their own version of the Consumer Financial Protection Bureau. While much of the details are still in the air, it does appear as though there is enough momentum to get something done by the end of the month. Some of … The post California Lawmakers Still Pushing to Create Own CFPB appeared first on AccountsRecovery.net.

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Which Cash-Back Credit Cards Offer a Good 0% APR?

Nerd Wallet

Cash-back credit cards aren’t well-known for new-cardholder 0% APR offers, those promotions that promise not to charge you interest on new purchases — or sometimes balance transfers — for a certain number of months. But a bunch of cash-back rewards cards feature 0% APR offers, some so good they’re among the best you can get. Gregory Karp is a writer at NerdWallet.

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Appeals Court Overturns Dismissal of FDCPA Case

Account Recovery

The Fifth Circuit Court of Appeals has overturned a lower court’s dismissal of a lawsuit which ruled that an attempt to recover money that was overpaid as part of a grant program related to recovery efforts following Hurricanes Katrina and Rita do not classify as debts under the Fair Debt Collection Practices Act and given … The post Appeals Court Overturns Dismissal of FDCPA Case appeared first on AccountsRecovery.net.

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Is It Harder for Seniors to Get Credit Cards?

Nerd Wallet

Whether it’s to earn rewards toward vacations or just finance everyday purchases, there’s strong demand for credit cards among older adults. According to a report from credit bureau Experian, baby boomers (those born between 1946 and 1964) carried an average of 4.8 credit cards in the second quarter of 2019, more than any other generation. Erin Hurd is a writer at NerdWallet.

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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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Debt collection rules should not affect first-party collectors

Collection Industry News

The Consumer Financial Protection Bureau (CFPB) should ensure its debt collection rulemakings do not extend unwarranted regulatory requirements to first-party debt collectors, CUNA wrote Tuesday in response to a CFPB proposal. The proposal would amend Regulation F to require debt collectors to make certain disclosures when collecting time-barred debts (debts for which the applicable statute of limitations has expired).

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Doubling Down on Rewards With MGM’s MyVegas Games

Nerd Wallet

You’ll have a lot of coronavirus safety considerations to weigh before you pull out your travel rewards credit card and book your next trip to Vegas. But once it’s safe to head to Sin City, the bargains can start before you even set foot on a plane. You could arrive in Las Vegas with credits. Michael Friedman is a writer at NerdWallet. Email: travel@nerdwallet.com.

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CFPB Extends Comment Period on Request for Information on Ways to Prevent Credit Discrimination and Build a More Inclusive Financial System

Consumer Finance

The Consumer Financial Protection Bureau announced that it will provide an additional 60 days for public comment on its Request for Information on how best to create a regulatory environment that expands access to credit and ensures that all consumers and communities are protected from discrimination in all aspects of a credit transaction.

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How to Maximize the Hilton Honors AmEx Business Card

Nerd Wallet

Credit card point bonuses and side benefits are enticing if you use them well. However, with so many credit card perks out there, you may need to adapt your card usage in order to get the most benefit from it. The Hilton Honors American Express Business Card is no different, and we’ve broken down some. Amanda Johnson is a writer at NerdWallet. Email: travel@nerdwallet.com.

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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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Proposed Amendments to the CARES Act Would Expand Access to PPP Loans to Small Businesses in Chapter 11

PBWT

The paycheck protection program (“PPP”) has been one of the most popular aspects of the CARES Act (i.e., the initial legislation responding to the COVID-19 pandemic). Yet, as has been widely reported, debtors in chapter 11 cases are not allowed to receive PPP loans. [1] But Congress might remedy that if it agrees on another round of COVID-19 related stimulus.

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Good Debt & Bad Debt: 5 Things to Know

The Kaplan Group

No one wants to be in debt. However, there are times when owing money in order to reach a higher goal is a good thing. It can be argued that our economic system requires some level of borrowing and owing. So, knowing whether a debt is good or bad for you or your business is helpful. Here are 5 things to think about when you are considering taking out a loan. 1.

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How to Know How Many Miles You’ll Earn From a Flight

Nerd Wallet

It used to be simple. When you flew a mile on an airline, you would generally earn a mile in the airline’s loyalty program. Now, that’s almost never the case. Almost all U.S.-based airlines have now switched to revenue-based mileage programs, meaning you earn miles based on how much you spend. And even for the. JT Genter is a writer at NerdWallet. Email: travel@nerdwallet.com.

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8 Tips for Improving Your Customer Service Strategy

Brown and Joseph

Providing excellent customer service has become one of the most important factors in business success. Companies that offer the best customer service devote lots of… The post 8 Tips for Improving Your Customer Service Strategy appeared first on Brown & Joseph, LLC.

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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.

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The Modern Approach to Delinquency Management

Click Notices

What is Multifamily Delinquency Management? . Multifamily delinquency management is the process of managing late rent payments through actions such as sending out notices to residents, filing rent suits, and sometimes eviction. The traditional approach multifamily property managers take for managing these important tasks can be inconsistent and inefficient.

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FINRA Warns of Fake FINNRA

Burr Forman

The Financial Industry Regulatory Authority (“FINRA”) has issued a special alert to its member firms, alerting them to an imposter website: www.finnra.org (containing an extra “n”). The fake site contains a purported “registration” form and firm gateway page, apparently phishing for credentials. FINRA also warns members that the fake domain may be the source of phishing emails.

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Fannie Mae Updates COVID-19 Servicing FAQ

Troutman Sanders

Fannie Mae and Freddie Mac provided temporary guidance to lenders due to COVID-19 on various topics related to servicing mortgage loans. On June 30, Fannie Mae updated its COVID-19 Frequently Asked Questions – Servicing on the topics related to retention workout options, reporting and operational processes, and incentive fees, amongst other topics. Foreclosure Suspension Extended.

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Retiring the Mississippi State Flag: One Attorney’s Push and Perspective

Burr Forman

Join us as we chat with Jackson partner John Lassiter and he tells the story of his involvement in the retirement of Mississippi’s state flag. Born and raised in Mississippi, John regarded getting Mississippi’s state flag as an impossible task in a State with a history riddled with racial division, fear and deep-seeded politics. Listen to John talk about the effects the old flag had on the state’s economy and his idea to place NCAA sports at the center of the case for change.

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The Power of Storytelling in Risk Management

Speaker: Dr. Karen Hardy, CEO and Chief Risk Officer of Strategic Leadership Advisors LLC

Communication is a core component of a resilient organization's risk management framework. However, risk communication involves more than just reporting information and populating dashboards, and we may be limiting our skillset. Storytelling is the ability to express ideas and convey messages to others, including stakeholders. When done effectively, it can help interpret complex risk environments for leaders and inform their decision-making.

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Foreclosure Suit Without Request for Deficiency Judgment Is Not “Debt Collection” Under FDCPA, Ninth Circuit Holds

Collection Industry News

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? The answer depends on whether the creditor attempts to recover the unpaid mortgage balance or just the property, according to the U.S. Court of Appeals for the Ninth Circuit in Barnes v. Routh Crabtree Olson, P.C. Due to a mortgage borrower’s payment default, Federal National Mortgage Association (“Fannie Mae”) filed a judicial foreclosure action in Oregon state court

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Community group opposes Pine Bluff court debt collection proposal

Collection Industry News

In tough times, the Pine Bluff City Council is considering a proposal to sic a private debt collection agency on people with unpaid fines and fees. The Arkansas Community Organizations has written the mayor and city council to ask them reject the proposal. One reason is added economic hardships on people already struggling during the pandemic.

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Call Recording Retention and Limitations on Selling/Referring of Accounts Headline Proposed Changes Under Colorado Fair Debt Collection Practices Act

Collection Industry News

On August 12, 2020, Nicholas Brechun, Compliance Supervisor for the Colorado Fair Debt Collection Practices Act (“CFDCPA” or “the Act”), sent out notice of a stakeholder meeting to discuss amendments to the Act. The stakeholder meeting has been scheduled for August 25, 2020 at 2:00 p.m. The proposed amendments are available in redline here. Most significantly, the suggested rule changes include: Rule 1.05(4) – preventing a terminated licensee from selling rights to collect accounts to anothe

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Medical Debt Collection Firm R1 RCM Hit in Ransomware Attack

Collection Industry News

R1 RCM Inc. [ NASDAQ:RCM ], one of the nation’s largest medical debt collection companies, has been hit in a ransomware attack. Formerly known as Accretive Health Inc. , Chicago-based R1 RCM brought in revenues of $1.18 billion in 2019. The company has more than 19,000 employees and contracts with at least 750 healthcare organizations nationwide. R1 RCM acknowledged taking down its systems in response to a ransomware attack, but otherwise declined to comment for this story.

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How to Attract Multiple Generations to Open New Accounts and Apply for Loans

The experiences of every generation are characterized by their behaviors involving finances. Understanding these attitudes and using them to inform marketing messages enables community banks, regional banks and credit unions to better serve their customers. This entertaining and informative eBook will help your financial institution uncover the best practices when it comes to appealing to mass audiences.