Tue.Feb 13, 2024

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Collector Sued for Withdrawing Funds Without Consent

Account Recovery

EDITOR’S NOTE: This article is part of a series that is sponsored by WebRecon. WebRecon identifies serial plaintiffs lurking in your database BEFORE you contact them and expose yourself to a likely lawsuit. Protect your company from as many as one in three new consumer lawsuits by scrubbing your consumers through WebRecon first. Want to learn more?

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How to Choose the Best Collection Software

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 – February 13. Collector Sued for Withdrawing Funds Without Consent; Judge Grants MSJ for Defendant in FDCPA Jurisdiction Case

Account Recovery

Collector Sued for Withdrawing Funds Without Consent Judge Grants MSJ for Defendant in FDCPA Jurisdiction Case New Filing Seeks to Settle Collector Data Breach Case for $2.

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The Secret Insurance All Businesses Should Have

Jimerson Firm

Business Interruption Insurance Owning a business has many perks but can also be very unpredictable. A common trait many successful business owners share is the ability to plan for the future. Business interruption insurance is one tool in the tool chest that can help business owners protect themselves from unforeseen circumstances that they could not have predicted and provide financial stability in the midst of uncertainty.

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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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Judge Grants MSJ for Defendant in FDCPA Jurisdiction Case

Account Recovery

A District Court judge in Kentucky has granted a defendant’s motion for summary judgment in an “inside baseball” type of case involving the plaintiff moving from one state to another and then the judge having to determine which state’s statute of limitations applied when the defendant filed a collection lawsuit to recover the unpaid debt.

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New Filing Seeks to Settle Collector Data Breach Case for $2.45M

Account Recovery

Having addressed the deficiencies raised by the judge, the plaintiff’s in a data breach class-action against a collection operation have filed a renewed motion for approval of a settlement that will see the collector pay $2.45 million to settle the claims against it.

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Illinois Introduces Third-Party Dental Financing Bill

Troutman Sanders

On February 6, a bill was introduced to the Illinois House of Representatives seeking to amend the Illinois Dental Practices Act to add provisions related to third-party financing for dental services. Specifically, House Bill (HB) 4891 mandates that a dentist or their employee must provide a patient with a written treatment plan, including a description of each anticipated service and a good faith estimate of expected charges before arranging for, offering, brokering, or establishing open-end cr

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Older Consumers More Financially Literate: Survey

Account Recovery

The financial landscape has undergone a digital metamorphosis, placing consumer financial literacy at the forefront of effective debt collection strategies. Based on a recent Capital One Insights Center study, debt collectors can use the data to better understand consumer behavior and tendencies in this evolving environment.

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Pennsylvania District Court Finds No Personal Liability Under the TCPA

Troutman Sanders

In Perrong v. Chase Data Corp., et al. , a court in the Eastern District of Pennsylvania recently ruled that no personal liability attaches to the owner of a company for Telephone Consumer Protection Act (TCPA) violations. The case arose out of the defendant companies selling “turnkey” calling and texting services. The defendants allegedly sent three text messages to the plaintiff asking him to call a number to discuss potential injuries and possible compensation.

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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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Quarterly Refunding Statement of Assistant Secretary for Financial Markets Josh Frost

Collection Industry News

WASHINGTON — The U.S. Department of the Treasury is offering $121 billion of Treasury securities to refund approximately $105.1 billion of privately-held Treasury notes maturing on February 15, 2024. This issuance will raise new cash from private investors of approximately $15.9 billion. The securities are: A 3-year note in the amount of $54 billion, maturing February 15, 2027; A 10-year note in the amount of $42 billion, maturing February 15, 2034; and A 30-year bond in the amount of $25 billio

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week: Federal Activities State Activities Federal Activities: On February 8, the Consumer Financial Protection Bureau (CFPB) announced the resolution of an enforcement action, begun in 2014, against a foreclosure relief operation that allegedly violated Regulation O.

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Barron & Newburger’s Latest Risk Management Guidance

BN Lawyers

Here’s the latest risk management guidance, published in December 2023, from B&N’s Attorneys Risk Management practice group. BN – Tip of the Month – Corporate Transparency Act Effective January 1, 2024 – Dec 2023 The post Barron & Newburger’s Latest Risk Management Guidance appeared first on Barron & Newburger, P.C.

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Year in Review and a Look Ahead: Navigating the Debt Collection Landscape

Troutman Sanders

Join us for an enlightening episode of The Consumer Finance Podcast, where we dissect the intricate world of debt collection, reflecting on the past year and forecasting future trends. This episode, hosted by Chris Willis, features insightful discussions with Stefanie Jackman and Jonathan Floyd, both well-versed in the field of debt collection. We explore significant Supreme Court cases that could reshape the collections landscape, the impact of Regulation F on validation notices, and the comple

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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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Corporate Transparency Act Alert

BN Lawyers

Legal Alert: New Reporting Rule New year, new you? No! New year, new regulations! Beginning January 1, 2024, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) Corporate Transparency Act (CTA) requires that certain entities report their Beneficial Owners’ Information (“BOI”) to FinCEN. In addition, reporting entities must also disclose information about those persons that file or direct the filing for the formation of the entity.

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Member Spotlight: Study for Success

NACM

Your success can be measured by a multitude of factors: your desire, how big your goals are and how you bounce back from adversity are just a few to name. But in the B2B credit world, credit professionals' success can be measured through educational goals—pushing their career goalpost even further. Dan Erickson, CBA, collections representative at D.