Mon.Jul 20, 2020

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Alleged Oversight and Monitoring of a Messaging Campaign Deemed Inadequate to Establish Agency

TCPA

Another court decision reminds us that conclusory allegations that an agency relationship exists should not be sufficient to impute TCPA liability on the alleged beneficiary of a messaging campaign.

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What Happens When You Pay Off Your Car Loan?

Credit Corp

According to the Consumer Financial Protection Bureau, around 2.3 million car loans originate every year. Car loans can take years to pay off. So when you finally pay it off, you might be wondering—now what? What happens when you pay off your car? What should you do with the money you were previously putting towards your monthly payments? We’ve got a few ideas, but keep in mind that everyone’s finances are different.

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Are you an Office Manager? How to get AR solved and keep it solved

Debtor Daddy

Most Office Managers find the task of Accounts Receivable (AR) more difficult than other tasks because it requires a great deal more emotional energy, patience, persistence and organization to keep it under control. Why? You’re talking to customers. Therefore care and tact are needed in order to ask for payment and resolve issues positively. Everything that happens ‘after invoice’ impacts your customer’s experience with your brand.

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38% have recently had a bill in collection. The financial industry thinks they’re sick

Collection Industry News

A new study from a novel startup shows COVID-19 is severely affecting Americans’ ability to pay bills. Yet the language the financial and collections industry uses is a touch disturbing. But does she need treatment? (An image from the Symend website.). Screenshot by ZDNet. Things are dire and, I suspect, for many people they may not get better for a long time.

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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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An Office Manager? How to get AR solved and keep it solved.

Debtor Daddy

Accounts Receivable (AR) is more difficult than other “admin” tasks because it requires a great deal more emotional energy, patience, persistence and organization to keep it under control. There are a few reasons why: You’re talking to customers. Therefore care and tact are needed in order to ask for payment and resolve issues positively. Everything that happens ‘after invoice’ impacts your customer’s experience with your brand.

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

Like most industries today, Consumer Financial Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site with COVID-19 news and developments, recommendations from leading health organizations, and tools that businesses can use free of charge.

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3 Sessions We’re Excited to (Virtually) Attend at the iA Strategy & Tech Conference

True Accord

iA Strategy & Tech , a conference built for strategy, technology, and analytics professionals in the credit and collections industry , kicks off this week. The team at TrueAccord is busy preparing for three days of insightful sessions, digital networking, and country music. Here are the sessions we’re most excited about: 1. The Path to Innovation Part I – The Industry Outlook and Guidance to Help Weather the Storm.

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California Consumer Privacy Act Enforcement Series: Treating the CCPA Like a Check-the-Box Exercise

Troutman Sanders

Enforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper includes several attorneys who worked in an attorney general’s office. This privacy regulatory team has identified six areas of enforcement likely to catch the California Office of the Attorney General’s (OAG) attention, which arguably holds sole regulatory enforcement authority under the Act.

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What Construction Workers Need to Know About COVID-19 | Arbeit

Arbeit Software

Although remote work in the construction sector does not allow on-site projects to progress due to the physical nature of the job, support staff such as architects, engineers, and administrative roles can take advantage of virtual conferencing as opposed to in-person meetings.

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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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Best Checking Accounts for Bad Credit

Better Credit Blog

If your credit score is low, you may have a difficult time opening a checking account. Millions of Americans go without a basic checking account, resorting to pre-paid debit cards and check cashing businesses because their bad credit is holding them back. But a bank account is a critical part of a strong financial plan, one that can help you on your path to improving your credit.

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South Carolina Employment Law Letter: 4th Circuit delivers blow to Title VII punitive damages

Burr Forman

In a recent case involving multiple issues—Title VII of the Civil Rights Act of 1964, constructive discharge, and state law claims among them— the U.S. 4th Circuit Court of Appeals (which covers South Carolina employers) outlined standards it will use to determine a punitive damages award based on vicarious liability. Many issues were appealed. In the following article, we’re focusing only on the Title VII punitive damages portion of the decision.

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Why is Pre-Employment Screening so Critical?

Micro Bilt

Just when businesses were beginning to reopen and people were beginning to return to the office, another rise in confirmed cases of COVID-19 has left many employers scrambling to bring new talent into a well-depleted fold.

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Certification of Original Promissory Note is Required To Bring a Mortgage Foreclosure Action

Jimerson Firm

In 2013, the Legislature enacted Section 702.015 , Florida Statutes, which sets forth new pleading requirements for residential foreclosure actions. At that time, the Legislature requested the Florida Supreme Court to amend the Florida Rules of Civil Procedure to provide expedited foreclosure proceedings in conformity with Section 702.015. As such, the Florida Supreme Court enacted Rule 1.115.

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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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McConnell bill would give businesses immunity from liability if they follow limited guidelines, all to avoid a flood of cases that don't exist

Public Citizen

by Jeff Sovern. Politico has a summary of the McConnell bill here. It immunizes schools, colleges, charities, and businesses that follow public health guidelines from liability for negligently infecting consumers with the virus. But many public health guidelines are written in terms of what is feasible or possible, meaning that the entities subject to the bill could argue that protections are not possible or feasible (e.g., "Modify the alignment of workstations, including along processing l

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How the 1:1 Fund is Helping CSA Programs Support Families During COVID-19

Prosperity Now

Prosperity Now’s 1:1 Fund made adjustments to the Graduation Fundraising Campaign planned for June to address the ways the COVID-19

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NCLC warns that OCC proposal would allow banks to evade state usury laws

Public Citizen

Today, the Office of the Comptroller of the Currency issued a proposed rule to overturns the “true lender” rule that courts have used since the early 1800s to prevent evasions of state usury laws. The deadline to submit comments on the OCC’s proposal is September 3, 2020. In a statement, the National Consumer Law Center warned that the proposal would turn state usury laws into a "dead letter" and eviscerate power that states have had since the time of the American Revolution to protect

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Federally-Backed Debt Collection Exception Not The Supreme Court’s Cup Of T(CPA)

Collection Industry News

Barr v. Am. Ass’n of Political Consultants, Inc. , 2020 WL 3633780, 591 U.S. __ (2020).[1]. Earlier this month, the Supreme Court held, in a fractured decision yielding multiple concurring or dissenting opinions, that the 2015 government-debt exception to the Telephone Consumer Protection Act (the TCPA) permitting robocalls to cellphones solely to collect a debt owed to or guaranteed by the United States violated the First Amendment, affirming the Fourth Circuit’s decision.

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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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Construction Leaders Confident in June Staffing Levels, Profit Margins, Sales

NACM

In times of such economic uncertainty, any sign of optimism can be a positive ray of light and, in this case, that is in the form of construction leader confidence. According to Associated Builders and Contractors' (ABC) Construction Backlog Indicator (CBI), construction leaders in the U.S. showed increased confidence in June as it pertained to sta.

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DEBT COLLECTION INDUSTRY DEEMS ITSELF ESSENTIAL TO “FINANCIAL HEALTH” OF CONSUMERS, FIGHTS COVID-19 SHUTDOWN

Collection Industry News

DEBT COLLECTORS, facing growing demands to freeze the collection of debt across the country amid the economic hardship caused by the coronavirus pandemic, are mobilizing their lobbyists to push back. In New York, residents are receiving a 30-day reprieve from the collection of state-owned medical and student debt. Chicago Mayor Lori Lightfoot this week similarly announced an end to the collection of city debt, including late parking fines, through at least April 30.

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Charged Off as Bad Debt: An Explainer

Credit Corp

Making payments late or missing payments completely spells bad news for your credit rating. When you miss too many payments, your creditor may charge off the debt. When your debt is charged off as a bad debt, don’t fool yourself into thinking it goes away. A charged off debt can lead to harassing phone calls, garnished wages, and a major drop in your credit score.

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Letter to the Editor: Mischaracterization of debt collectors hurts consumers

Collection Industry News

To the Editor: . If you’ve checked the news, odds are you’ve seen or heard the misleading reports about debt collectors targeting consumers during the ongoing Covid-19 pandemic. This is simply not true, and perpetuating this misinformed criticism further hinders our ability to help find solutions for all parties involved. Our industry is dedicated to ensuring consumers land on their feet when this is all over, while doing our part to contribute to our country’s broader economic recovery.

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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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The FTC Hosted Its Workshop on the Proposed Changes to the Safeguards Rule

Troutman Sanders

The Federal Trade Commission (“FTC”) held its public workshop on the proposed changes to the Safeguards Rule under the Gramm-Leach-Bliley Act of 1999 (“GLBA”). The FTC has not updated the Safeguards Rule since implementing it in 2003. With substantial developments in the way businesses increasingly depend and operate using non-public personal information through electronic means (such as during the COVID-19 outbreak ), the FTC has stated it seeks to modify the Safeguards Rule to “add more detail

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Legal-Related Language in Collection Letters, and How N.D. Illinois Can’t Make Up Its Mind

Collection Industry News

There have been several court decisions to come down the pipeline regarding legal-related language and disclosures in collection letters. For example, the Southern District of New York recently dismissed a complaint where the crux was letter language that stated, “[Creditor] will send your account to an attorney for possible legal action” if a payment arrangement is not made.