Fri.Jul 28, 2023

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Collector Facing Class Action for Not Providing 30 Days to Dispute Debt

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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Amendment to California Employment Regulation May Impact Background Screeners

Troutman Sanders

On July 24, the California Office of Administrative Law approved the Civil Rights Council’s (the Council) proposed amendment to California’s Employment Regulations Relating to Criminal History, which are set to become effective on October 1, 2023. Among other changes, the amendment modifies the existing regulations regarding employers’ investigation of a job applicant’s criminal history.

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Indiana Supreme Court Takes Stand on Standing

Account Recovery

The march on standing at the District Court level has created a new dynamic — or at least the threat of a new dynamic — for collection operations, and that is facing Fair Debt Collection Practices Act cases in state courts.

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Aggressively pursuing post-judgment collections in Massachusetts

Collections Law

Large businesses and corporations that encounter nonpayment of business debt may assume that getting a court judgment against the non-paying company is all that is necessary. Unfortunately, that is not always the case. There are companies who will still withhold payment even after a court judgment. When they do, you need an attorney who knows how to collect on a judgment.

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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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Collector Fined $15k For Operating in Connecticut Without License for Second Time

Account Recovery

The Connecticut Department of Banking has fined a collection agency $15,000 for operating in the state without a license, the second time the company has been fined for doing so. A copy of the order against Professional Debt Mediation can be accessed by clicking here.

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Staffing Shortages Big Focus for Agencies of all Shapes and Sizes

Account Recovery

CHICAGO — A frequent topic of conversation among attendees here at ACA International’s annual convention is where companies are finding quality job candidates these days and how they are managing with staffing levels that are well below what they would like to be.

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CFPB Releases Blog Post Favoring Use of Self-Reported Cash Flow Data in Credit Underwriting

Troutman Sanders

On July 27, the Consumer Financial Protection Bureau (CFPB) released a new blog post , positing that cashflow data, broadly defined as the various inflows, outflows, and accumulated amounts in a consumer’s checking and savings accounts, may provide lenders with a better picture of a consumer’s ability to repay their loans than using a credit score. To perform its analysis, the CFPB used responses from its 2019 Making Ends Meet survey and the linked Consumer Credit Panel (CCP).

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Daily Digest – July 28. Collector Facing Class Action for Not Providing 30 Days to Dispute Debt; Staffing Shortages Big Focus for Agencies of all Shapes and Sizes

Account Recovery

Collector Facing Class Action for Not Providing 30 Days to Dispute Debt Staffing Shortages Big Focus for Agencies of all Shapes and Sizes Pence Calls for Elimination of CFPB in Economic Proposal Collector Fined $15k For Operating in Connecticut Without License for Second Time Indiana Supreme Court Takes Stand on Standing WORTH NOTHING: Dads may […]

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Consumer Litigation Filings Back Down in June

Troutman Sanders

According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and the Telephone Consumer Protection Act (TCPA) were down for the month of June. This reverses the upward swing seen in these filings in May. Complaints filed with the Consumer Financial Protection Bureau (CFPB) were down in May and remained down for June.

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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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Credit Professionals Are Open to More Automation, Study Shows

NACM

? Credit professionals have big plans to keep their businesses profitable and successful as the role of credit and accounts receivable (AR) departments continues to grow exponentially each day.? One way credit professionals can stay on the cutting edge of this industry is with automated tools.? Learn more on today's episode of Extra Credit fe.

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Nebraska Enacts Loan Licensure Requirement for Marketers, Servicers and Purchasers of Interests in Certain Bank Loans

Troutman Sanders

On June 6, Nebraska Governor Jim Pillen signed into law Legislative Bill 92 , which, among many other subjects, amends the Nebraska Installment Loan Act (the NILA). Previously, a license was required for a lender seeking to take advantage of the usury authority provided by the NILA and also for any person that holds or acquires any rights of ownership, servicing, or other forms of participation in a loan under the NILA.

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Pence Calls for Elimination of CFPB in Economic Proposal

Account Recovery

Former Vice President and now Presidential candidate Mike Pence released his first economic proposal this week, and it seeks to tackle inflation by cutting government programs like the Consumer Financial Protection Bureau and the Environmental Protection Agency. Cutting the CFPB would save taxpayers $3.

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E.D. Pa. Dismisses Serial Plaintiff’s TCPA Case on ATDS Grounds

TCPA

On July 18, 2023, the United States District Court for the Eastern District of Pennsylvania dismissed a TCPA claim filed by serial Plaintiff, Andrew Perrong. Perrong v. Montgomery Cnty. Democratic Comm., No. 22-4475, 2023 WL 4600423 (E.D. Pa.

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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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E.D. Pa. Dismisses Serial Plaintiff’s TCPA Case on ATDS Grounds

TCPA

On July 18, 2023, the United States District Court for the Eastern District of Pennsylvania dismissed a TCPA claim filed by serial Plaintiff, Andrew Perrong. Perrong v. Montgomery Cnty. Democratic Comm., No. 22-4475, 2023 WL 4600423 (E.D. Pa. July 18, 2023). You can read our prior coverage of Perrong decisions here and here. The present … Continue reading "E.D.

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