Fri.Dec 08, 2023

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Daily Digest – December 8. Owners of Allegedly Unlicensed Collection Operations Facing FDCPA Suit; Judge Grants MTD in FDCPA Case Over Undated MVN

Account Recovery

Owners of Allegedly Unlicensed Collection Operations Facing FDCPA Suit Judge Grants MTD in FDCPA Case Over Undated MVN Overdraft Fee Issues Cost Bank $6.2M in CFPB Enforcement Action January Raises $12M to Expand Collection Platform MCA Collection Agency Turns to Skit.

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Challenges for Subcontractors When It Comes to New York Debt Collection

FFGN COLLECT NY

A general contractor on a construction project has direct contact with the project manager, owner, or developer running the project. The connection, “privity” of contract, results in smoother communication and a higher likelihood of payment to the general contractor. The general contractor is typically the first to know of missing or late payment. This can create challenges when it comes to subcontractor debt collection.

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Judge Grants MTD in FDCPA Case Over Undated MVN

Account Recovery

It might be a ruling on standing instead of the merits of the argument, but another brick has been placed in the wall being built up around the argument that undated Model Validation Notices are in violation of the Fair Debt Collection Practices Act.

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Regular Show: Client Maintenance Plans Are Picking Up Steam with Law Firms

NCBA Law Practice Management Blog

As law firms (slowly) try to dig out from under the hourly billing model (trap?), a new sort of approach is starting to gain some ground. It’s kind of like a legal insurance policy, and it allows law firms to acquire recurring revenue. ‘Client maintenance plans’ are mostly being used by estate planning and elderlaw attorneys, at this stage – but, the model could also potentially be adopted by firms in other practice areas.

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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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January Raises $12M to Expand Collection Platform

Account Recovery

January Technologies, a digital-first collection operation, announced this week that it has raised $12 million in its Series B financing, which the company plans to spend on scaling its platform and launching a pre-charge-off solution.

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Owners of Allegedly Unlicensed Collection Operations Facing FDCPA Suit

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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California DFPI Wins Big: Federal District Court Holds Commercial Financing Disclosure Regulations Do Not Violate First Amendment And Are Not Preempted by TILA

Troutman Sanders

On December 4, a federal district court for the Central District of California granted summary judgment in favor of the Commissioner of the California Department of Financial Protection and Innovation (DFPI) finding that regulations adopted last year under California’s Commercial Financing Disclosures Law (CFDL) do not violate the plaintiff’s First Amendment rights and are not preempted by the Truth in Lending Act (TILA).

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Overdraft Fee Issues Cost Bank $6.2M in CFPB Enforcement Action

Account Recovery

The Consumer Financial Protection Bureau yesterday announced an enforcement action against Atlantic Union Bank regarding the institution’s procedures for enrolling customers in overdraft protection products in violation of the Electronic Funds Transfer Act, assessing a fine of $1.2 million and requiring the company to refund consumers $5 million.

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