Tue.Dec 28, 2021

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Judge Denies Plaintiff’s Motion to Remand FDCPA Case Back to State Court

Account Recovery

A default judgment obtained in an underlying collection lawsuit is enough of a concrete injury for a plaintiff to have standing in a Fair Debt Collection Practices Act case, a District Court judge in California has ruled, disagreeing with the plaintiff’s contention that he does not have standing and denying his motion to remand the … The post Judge Denies Plaintiff’s Motion to Remand FDCPA Case Back to State Court appeared first on AccountsRecovery.net.

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2021 Year End Holiday Wrap Up

PDC Flow

PDCflow Product Enhancements We made many improvements to our software this year, adding new and enhancing existing products to keep you and your customers secure. Here are two notable projects our team completed in 2021. Bank Account Tokenization As part of PDCflow's ongoing dedication to provide secure and convenient payment options to both clients and their consumers, we announced new bank account tokenization capabilities for ACH payments.

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Lawsuit Totals, CFPB Complaints Trending Downward: WebRecon

Account Recovery

Perhaps it’s only fitting around the holidays that the monthly chart published by WebRecon detailing the number of lawsuits filed against companies in the accounts receivable management industry and the number of complaints filed by consumers with the Consumer Financial Protection Bureau have a fair bit of both red and green on it, although companies … The post Lawsuit Totals, CFPB Complaints Trending Downward: WebRecon appeared first on AccountsRecovery.net.

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How to Choose a Hotel Credit Card

Nerd Wallet

Whether you just got your first stay under your belt or have been saving up for a bucket-list vacation, choosing the right hotel credit card can make all the difference. There are a variety of hotel cards to choose from, with perks such as top-tier elite status, annual statement credits, easy-to-earn points and large welcome. Carissa Rawson writes for 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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Appeals Court Partially Affirms Ruling in FDCPA Case, But Overturns Award of Attorneys’ Fees & Costs

Account Recovery

The Court of Appeals for the Ninth Circuit has partially affirmed and partially overturned a lower court’s ruling in a Fair Debt Collection Practices Act case, determining that the defendant was not entitled to fees and costs from the plaintiff because the District Court judge incorrectly applied a legal doctrine. A copy of the ruling … The post Appeals Court Partially Affirms Ruling in FDCPA Case, But Overturns Award of Attorneys’ Fees & Costs appeared first on AccountsRe

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Daily Digest – December 28. Judge Denies Plaintiff’s Motion to Remand FDCPA Case Back to State Court; Lawsuit Totals Trending Downward

Account Recovery

JUDGE DENIES PLAINTIFF’S MOTION TO REMAND FDCPA CASE BACK TO STATE COURT A default judgment obtained in an underlying collection lawsuit is enough of a concrete injury for a plaintiff to have standing in a Fair Debt Collection Practices Act case, a District Court judge in California has ruled, disagreeing with the plaintiff’s contention that … The post Daily Digest – December 28.

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What does a Chapter 13 bankruptcy hardship discharge mean?

Roths Child Law

When you file for a Chapter 13 bankruptcy in Nashville, you likely will not receive a discharge until the completion of your repayment plan. Since Chapter 13 lasts for three to five years, one or more financial circumstances may arise to interfere with your repayment plan. You should not simply abandon your efforts or stop making payments when facing challenges in Tennessee.

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72% of CEOs Worried About Their Jobs in 2022: Survey

Account Recovery

Nearly three out of four Chief Executive Officers are worried about losing their jobs in 2022, compared with 52% who felt that way last year, according to data that was released yesterday as part of a global survey of 3,000 CEOs. What is causing the anxiety in the corner office are how industries across the … The post 72% of CEOs Worried About Their Jobs in 2022: Survey appeared first on AccountsRecovery.net.

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US Supreme Court To Take on California’s Hostility to Arbitration — Yet Again

Troutman Sanders

In a case with significant implications for companies with California employees, as well as companies selling goods and services to consumers in California, the U.S. Supreme Court has agreed to hear an appeal of a California court ruling validating a major loophole in the general federal rule enforcing agreements to individual arbitration. On December 15, the U.S.

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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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Closing Time: Lawyers Are Great at Closing Business, But Need to Get There Faster

NCBA Law Practice Management Blog

Most attorneys are phenomenal when it comes to closing business. If coffee is for closers , they’re awash in the stuff. And, most attorneys will tell you that: they know it, they acknowledge i t , they own it. Most of the lawyers I talk to will tell me that, ‘If I can get someone on the phone, I can close them’. I would be t that most lawyers close leads in to the high 70s, if I had to sign a percentage to it.

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CFPB and DOJ Reinforce Federal Housing Protections for the Military Community

Troutman Sanders

The Consumer Financial Protection Bureau (CFPB) and Department of Justice (DOJ) issued joint letters , restating the federal housing protections afforded to military servicemembers during the COVID-19 pandemic. While some protections have been in place for decades, others reflect pandemic-era relief from landlords and mortgage companies alike. One of the letters addresses the handling of servicemembers’ and veterans’ loan accounts after entering a COVID-19 hardship forbearance.

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Jim Hoover Discusses Employment Issues for Providers Giving Staff Medical Advice for Part B News

Burr Forman

In a December 13, 2021 article in Part B News, Jim Hoover shared insight on legal considerations for health care providers when an employee asks a physician for medical advice. “It may create a reason for an employee to charge discrimination under the Americans with Disabilities Act (ADA),” Hoover said. For example, if an employee discusses his alcoholism with a doctor, and the doctor later tries to fire the employee for work issues that may be related to his drinking problem, the employee may c

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