Fri.Jan 20, 2023

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Daily Digest – January 20. Complaint Alleges Attempts Made to Collect After Responding to Cease Complaint; Judge Grants MTD in FDCPA Case

Account Recovery

COMPLAINT ALLEGES ATTEMPTS TO COLLECT MADE AFTER RESPONDING TO CFPB COMPLAINT THAT THEY WOULD STOP Is telling a collector that you “will not be paying these accounts” the same as refusing to pay? Is that an interpretation that a collector should make? A consumer has filed a lawsuit against a collector for violating the Fair … The post Daily Digest – January 20.

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Understanding and Managing Your Business-to-Business Receivables

Enterprise Recovery

As a business owner, it's important to stay on top of your accounts receivable, especially when it comes to business-to-business (B2B) transactions. Accounts receivable refers to the money that your clients owe your company for goods or services that have been provided but not yet paid for. B2B accounts receivable management can be a bit more complex than consumer (B2C) accounts receivable, so it's important to understand how to manage your accounts effectively.

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Complaint Alleges Attempts to Collect Made After Responding to CFPB Complaint That They Would Stop

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? Call … The post Complaint Alleges Attempts to Collect Made After Responding to CFPB Complaint That They Would Stop first appeared on AccountsRe

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I Flew During the FAA Fiasco — and Elite Status Got Me Home

Nerd Wallet

Carissa Rawson writes for NerdWallet. Email: articles@nerdwallet.com. The article I Flew During the FAA Fiasco — and Elite Status Got Me Home originally appeared on 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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Judge Grants MTD in FDCPA Case Over Letters Sent to Wrong Person

Account Recovery

A District Court judge in Arizona has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by attempting to collect a debt that the plaintiff said he did not owe, largely because the plaintiff never submitted the documentation requested by the plaintiff and there was … The post Judge Grants MTD in FDCPA Case Over Letters Sent to Wrong Person first appeared on AccountsRecovery.net.

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In Case I Forget to Tell You Later, I Had a Really Good Time at ARMTech

Account Recovery

I was talking with my son Evan this morning and I told him that, five days from now, ARMTech will be over and it feels kind of like the days leading up to Christmas, where you spend all this time planning and preparing, and then it’s done and life goes back to the way it … The post In Case I Forget to Tell You Later, I Had a Really Good Time at ARMTech first appeared on AccountsRecovery.net.

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Conrad Punta de Mita Review

Nerd Wallet

Josh Garber writes for NerdWallet. Email: travel@nerdwallet.com. The article Conrad Punta de Mita Review originally appeared on NerdWallet.

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CFPB Releases Guidance on ‘Tricks’ Used by Companies to Keep Consumers Enrolled in Subscription Services

Account Recovery

The Consumer Financial Protection Bureau yesterday released guidance advising companies that taking advantage of consumers by making it too hard to cancel subscription services or trial periods where a reduced fee is charged for a period of time could run afoul of federal law. These types of services, called “negative option” services essentially “interpret a … The post CFPB Releases Guidance on ‘Tricks’ Used by Companies to Keep Consumers Enrolled in Subscription Service

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7 Things to Know About Frontier Status Match

Nerd Wallet

Carissa Rawson writes for NerdWallet. Email: articles@nerdwallet.com. The article 7 Things to Know About Frontier Status Match originally appeared on 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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UK Business Insolvency rises by nearly a third

UK debt collections

UK Business Insolvency rises by nearly a third Latest figures from the Insolvency Service have shown that the number of business insolvencies in England & Wales were 32% higher than in the same month in the previous year (1,489 in December 2021) and 75.5% higher than December 2019 (1,119). UK Business insolvency fell 3.25% in December 2022 to a total of 1,964 compared to November’s total of 2,029.

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4 Expenses for Parents to Reevaluate in 2023

Nerd Wallet

Elizabeth Ayoola writes for NerdWallet. Email: eayoola@nerdwallet.com. The article 4 Expenses for Parents to Reevaluate in 2023 originally appeared on NerdWallet.

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Lack of Notice of Bankruptcy Filing Proves Fatal to FDCPA Claim

Troutman Sanders

Creditors and debt collectors may rest assured that they are not violating the Fair Debt Collection Practices Act (FDCPA) when sending debt-collection communications prior to any knowledge of a debtor’s bankruptcy filing. In Carrasquillo v. CICA Collection Agency, Inc. , the district court for the District of Puerto Rico relied on a Third Circuit case when finding a debt collector lacked the requisite knowledge and intent to violate § 1692e of the FDCPA.

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Why Chase Freedom Flex Is Best For Bonus Cash Back in 2023

Nerd Wallet

Caitlin Mims writes for NerdWallet. Email: cmims@nerdwallet.com. The article Why Chase Freedom Flex Is Best For Bonus Cash Back in 2023 originally appeared on NerdWallet.

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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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How Long Does a Florida HOA or Condominium Association have to foreclose on a HOA/COA Lien?

Jimerson Firm

Florida law provides that community associations may collect assessments from unit owners to cover operating and maintenance costs. If a unit owner fails to pay, the association may record the unpaid assessment as a lien against the property and eventually file for foreclosure. However, to perfect the assessment as a lien and foreclose, the association must follow the statutory guidelines in Florida Statute Chapter 718.

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Florida Federal Court Finds FCRA and EFTA Claims Arising out of Disputed Charge Survive Credit Union’s Motion to Dismiss

Troutman Sanders

A recent opinion issued by the district court for the Middle District of Florida rejected a credit union’s attempt to dismiss claims under the Fair Credit Reporting Act (FCRA) and Electronic Funds Transfer Act (EFTA) arising out of the alleged mishandling of a disputed charge and subsequent reporting to credit reporting agencies (CRAs), finding the claims too fact-specific to dispose of at such an early stage.

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Voir Dire in Insurance Litigation: Avoiding an Adverse Jury

Jimerson Firm

Prior to trial, an insurer, like any party to litigation has a right to “conduct a reasonable examination of each juror orally.” Fla. R. Civ. P. 1.431(b). The goal of this examination is “to obtain a fair and impartial jury, whose minds are free of all interest, bias or prejudice.” Hoskins v. State , 965 So. 2d 1, 13 (Fla. 2007). Trials can be won or lost before they begin, during voir dire.

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Why Do Debt Collectors Check Your Credit Report?

Taurus Collect

Are you being contacted by debt collectors? If so, it’s likely that they have already checked your credit report. It can be tricky trying to deal with a debt collection agency , but understanding why and how they check your credit score is the key to regaining control of the situation. In this article, we’ll explain why debt collectors are usually keen on checking up on your credit report — from what information they’re looking for to any potential legal ramifications if not do

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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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Florida Professional Service LLC Personal Liability Protections: Perks and Pitfalls

Jimerson Firm

Managers and members who provide professional services in Florida often choose to organize their businesses into Limited Liability Companies (“LLCs”) because LLCs generally provide freedom from personal liability for the obligations of the LLC. This blog post discusses exceptions to the general prohibition on holding LLC members or managers personally liable for the LLC’s obligations in Florida.

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Arizona AG Concludes Non-Recourse, No-Interest Earned Wage Access Products Are Not “Consumer Lender Loans” Requiring a License

Troutman Sanders

Arizona Attorney General Mark Brnovich released opinion No. 22-(R22-011) , concluding earned wage access (EWA) products that are fully non-recourse and no-interest are not “consumer lender loans” under Arizona law. Thus, those who make, procure, or advertise EWA products are not required to be licensed as a “consumer lender” by Arizona’s Department of Insurance and Financial Institutions.

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The Duval County Property Fraud Alert System: Litigating Home Title Fraud

Jimerson Firm

In the modern age of intentional, targeted fraudulent activity, homeowners may find themselves subject to an increasingly popular form of cybercrime: home title fraud. Home title fraud is perpetuated through identity theft and property fraud , allowing criminals to use stolen titles to carry out other types of fraud. This blog post aims to inform homeowners that there are practical legal solutions to discover and remedy home title fraud.

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Listen: Get Your Credit Team Noticed by the C-Suite

NACM

It often feels like there is this invisible barrier between the credit department and the C-Suite, but it does not have to be that way. By establishing a strategic leadership culture, you will create a place where people want to work for you and where upper management recognizes your hard work. But leadership should not be confused with management.

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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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Biden Administration Defends Student Loan Cancellation at Supreme Court

Collection Industry News

WASHINGTON — The Biden administration asked the Supreme Court on Wednesday to uphold its decision to forgive hundreds of billions of dollars of student loan debt for tens of millions of Americans, arguing that it was acting within its executive authority and did not need new congressional authorization. In a brief filed with the justices, the Justice Department rejected legal challenges mounted by a half-dozen Republican-led states and maintained that the states did not have a basis for contesti