Wed.Dec 06, 2023

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Collections Industry Increasing Communications Channels, Diversifying Areas of Business

Account Recovery

New report from TransUnion and Datos Insights also finds 60% of third-party collections companies on the path to adopting artificial intelligence to improve consumer experiences Chicago, Dec.

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CFPB Orders Atlantic Union Bank to Pay $6.2 Million for Illegal Overdraft Fee Harvesting

Consumer Finance

The Consumer Financial Protection Bureau (CFPB) today took action against Atlantic Union Bank for illegally enrolling thousands of customers in checking account overdraft programs.

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Student Loan Borrower Bill of Rights Introduced in Senate

Account Recovery

A bill has been introduced in the Senate to create a student loan borrower bill of rights, which would limit the circumstances in which late fees can be applied, prohibit the use of mandatory arbitration provisions, and force servicers to create units that are dedicated to keeping at-risk borrowers from defaulting, among other requirements.

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Can You Change A Company Name During Administration?

Hudson Weir

There are lots of reasons to change the company name but people often ask us if you can do it during administration. The purpose of administration is to try rescuing the company. It’s an insolvency procedure for securing control when creditors are set to take action against the company. With a total of 2,315 in October 2023, the number of insolvencies was 18% higher than for the same month in 2022, according to The Insolvency Service.

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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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23 Companies Seeking Job Talent

Account Recovery

During this, The Great Resignation Era, I thought it would be helpful to start a regular posting of different jobs within the accounts receivable management industry that I have found online. Please make sure to do your own due diligence before applying for a position included here or accepting any offers.

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Appeals Court Affirms Denial to Compel Arbitration in FCRA Case

Account Recovery

I think, and please correct me if I am wrong, that this is a case the speaks to the importance of having your agreements reviewed not only to make sure that the language makes sense, but to make sure that if there is something that refers to someone or something else, that the language lines […]

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Collect your out-of-state judgment: Domesticating your foreign judgment through registration or through litigation

Collections Law

In today’s world, commerce is mobile. Chances are, your business is providing goods and services in more than one state, especially if you are a larger company. Collecting on a foreign judgment from a debtor in another state can be complicated, but not impossible. At Law Offices of Alan M. Cohen & Associates LLC, we regularly counsel out-of-state clients on debt collection from their debtors who have assets in Massachusetts.

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Proposed Settlement Reached in FDCPA Class Action Over Deceptive Letters

Account Recovery

A proposed settlement has been reached in a Fair Debt Collection Practices Act class-action that will see the defendants pay $60,000 in compensation to the members of the class as well as plaintiffs’ attorney’s fees and costs of up to $150,000.

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CFPB Issues Letter Supporting California DFPI’s Proposed Classification of EWAs as Loans and Promises Guidance as to Federal Regulation of the Same

Troutman Sanders

In March 2023, the California Department of Financial Protection and Innovation (DFPI) proposed new regulations under the California Financing Law that would update the definition of loan to include what it dubs as “income-based advances” also known as earned wage access (EWA) products, except for those offered by employers. After considering written comments to the proposed regulations, on November 6, the DFPI issued modifications to the proposed regulations and announced comments on the modifi

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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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Daily Digest – December 6. Appeals Court Affirms Denial to Compel Arbitration in FCRA Case; Proposed Settlement Reached in FDCPA Class Action Over Deceptive Letters

Account Recovery

Appeals Court Affirms Denial to Compel Arbitration in FCRA Case Proposed Settlement Reached in FDCPA Class Action Over Deceptive Letters Student Loan Borrower Bill of Rights Introduced in Senate 23 Companies Seeking Job Talent WORTH NOTING: Why the auto industry doesn’t want to put tech to tell people to slow down in cars … If […]

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In the Ninth Circuit Precision is Required in an Offer of Judgment

Troutman Sanders

A U.S. District Court in the Southern District of California recently held that a Federal Rule of Civil Procedure 68 offer of judgment must clearly state that attorneys’ fees and costs are limited or waived, as Arvest Central Mortgage Company (Arvest) learned to its detriment. The plaintiff had a mortgage with Arvest, entered into a forbearance agreement, and made the payments on the property, but claimed Arvest inaccurately reported that he was late on his October 2020 payment.

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Biden administration to forgive $4.8 billion in student loan debt for 80,300 borrowers

Collection Industry News

The Biden administration announced Wednesday that it would forgive an additional $4.8 billion in student loan debt, for 80,300 borrowers. The relief is a result of the U.S. Department of Education’s fixes to its income-driven repayment plans and Public Service Loan Forgiveness program. “Before President Biden took office, it was virtually impossible for eligible borrowers to access the student debt relief they rightfully earned,” U.S.

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Inside Look: The SEC’s Enforcement Action Against Cryptocurrency Exchange Kraken

Troutman Sanders

On November 20, the Securities and Exchange Commission (SEC) instituted a civil enforcement action against Kraken, a major U.S. cryptocurrency exchange. The SEC alleged Kraken operated as an unregistered broker, dealer, exchange, and clearing agency, in violation of the Securities Exchange Act. The SEC’s lawsuit aims to prohibit Kraken from continuing these activities and seeks an unspecific amount of civil monetary penalties.

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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?