Wed.Aug 23, 2023

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FTC Sues, Gets TRO to Stop Student Loan Debt Relief Scam

Account Recovery

The Federal Trade Commission on Monday announced it had sued and obtained a temporary restraining order against a number of corporate and individual defendants accused of pretending to be affiliated with the Department of Education so that they could market student loan forgiveness programs that made false promises and collected millions in illegal upfront fees.

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Black Entrepreneurs Breaking Barriers

Prosperity Now

It’s Black Business Month and despite the progress made in recent years, Black entrepreneurs continue to face significant barriers that can hinder their success. Contrary to common perceptions, there is a lot of diversity within being Black in America. As our society continues to diversify, there are Black Americans that hail from Africa, from Latin America and the Caribbean and of a mix if races and ethnicities, all of which carries additional cultural considerations.

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Judge Partially Grants MSJ for Defense in FCRA, FDCPA Case Over Claims Debt was Settled

Account Recovery

A District Court judge in Arizona has partially granted a defendant’s motion for summary judgment in a Fair Credit Reporting Act and Fair Debt Collection Practices Act case, while also denying the plaintiff’s motion for summary judgment, in a he-said, she-said case over whether the plaintiff made payments in accordance with a settlement agreement with […]

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Does Filing for Bankruptcy Eliminate Debt?

Sawin & Shea

If you’re stressed about your finances, you’re in good company. A recent survey from Capital One reports that 73% of Americans name financial concerns as their number one source of stress. When it comes to financial worries, they can be many and complex: Am I making enough? How will I get under my debt? Will I be able to retire comfortably? Am I okay if an emergency happens?

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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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CFPB Sues Lender for ‘Churning’ Borrowers into Repeated Refinancings

Account Recovery

The Consumer Financial Protection Bureau yesterday filed suit against Heights Finance Holding Co., accusing it of unfair and abusive practices by “aggressively” pushing borrowers who were struggling to repay their loans into refinancing the debts, leading the company to earn hundreds of millions of dollars in costs and fees.

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Daily Digest – August 23. Judge Partially Grants MSJ for Defense in FCRA, FDCPA Case Over Claims Debt was Settled; CFPB Sues Lender for ‘Churning’ Borrowers into Repeated Refinancings

Account Recovery

Judge Partially Grants MSJ for Defense in FCRA, FDCPA Case Over Claims Debt was Settled CFPB Sues Lender for ‘Churning’ Borrowers into Repeated Refinancings FTC Sues, Gets TRO to Stop Student Loan Debt Relief Scam 25 Companies Seeking Collection Talent WORTH NOTHING: Questions ahead of the first debate of the 2024 Presidential election cycle … […]

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6 Best Practices in Modern Debt Collection

Taurus Collect

In the complex world of finance, debt collection remains a constant challenge. Traditional methods can often lead to frustration, damaged relationships, or even legal disputes. However, the landscape of debt collection has significantly evolved in recent years. The shift towards more empathetic, customer-centric approaches has revolutionised this field, creating beneficial outcomes for both parties involved.

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Seven State AGs Announce Settlement With Robocallers

Troutman Sanders

On August 16, a coalition of seven state attorneys general (AG) announced a settlement with participants alleged to be involved in a “massive” robocall operation. The stipulated order, which names Scott Shapiro, Michael T. Smith, Jr., and Health Advisors of America (defendants), permanently bans Shapiro and Smith from initiating or facilitating robocalls; working in or with companies that make robocalls; and engaging in telemarketing.

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Member Spotlight: Make Your Mark with Education

NACM

​Credit professionals must continuously stay informed and increase their credit knowledge to advance in their career—after all, knowledge is power. By attending NACM's Graduate School of Credit and Financial Management (GSCFM), a hybrid program that covers four essential business and professional growth disciplines: Advanced Financial Statement Ana.

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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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Conflicting Opinions: District Court Concludes EFTA and Regulation E Do Not Apply to Digital Asset Accounts Established for “Investment Purposes”

Troutman Sanders

On August 11, in the case of Yuille v. Uphold HQ Inc. , the Southern District of New York was tasked with determining whether the Electronic Funds Transfer Act (EFTA) applies to digital asset-based accounts. The court concluded there was no “account” as defined by EFTA because the digital asset account at issue was not established primarily for personal, family, or household purposes.

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Current Landscape of Cryptocurrency Regulation and Enforcement

Troutman Sanders

In this episode of The Consumer Finance Podcast, Troutman Pepper Partner Chris Willis is joined by colleagues Ethan Ostroff and Trey Smith to discuss the current landscape of cryptocurrency regulation and enforcement. Our team offers insights to the industry about various topics, including: Regulation of cryptocurrency at the federal and state level, and what the regulators are targeting; The involvement of state attorneys general in cryptocurrency and enforcement; Movement on the legislative fr