In the Red

JANUARY 22, 2018

The Tempnology Trademark Saga. When it comes to decisions on bankruptcy and trademark licenses, the In re Tempnology LLC bankruptcy case is the gift that keeps on giving. The Original. It all started in November 2015. Following Tempnology’s rejection of an agreement containing a trademark licensee, the New Hampshire Bankruptcy Court ruled that the licensee could no longer use the licensed trademarks.

Bankruptcy 100

Bankruptcy Debtor Manufacturing Trade 100

Foster Swift

JANUARY 22, 2018

Filing for Chapter 13 bankruptcy as a consumer is a voluntary decision. Once a Chapter 13 case has been filed, it is also up to the debtors to dismiss the case if they so choose. Read More › Tags: Chapter 13 , Did you Know?

Chapter 13 bankruptcy 40

Chapter 13 bankruptcy Debtor Bankruptcy 40

Consumer Financial Services Law

JANUARY 15, 2018

The Second Circuit has affirmed a lower court decision that a flu shot reminder sent by text message by a medical provider did not violate the Telephone Consumer Protection Act (the “TCPA”). The decision is important because it interprets the 2012 FCC Healthcare Exemption as providing an exemption as to prior written consent rather than a wholesale exemption from consent.

Healthcare 40

Healthcare Judgment 40

Indiana Consumer Law Group

JANUARY 3, 2018

The Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the recent filing of a lawsuit against Tri-Force, Inc., UAR Direct, LLC and Ally Financial Inc. in the United States District Court for the Northern District of Indiana. The lawsuit alleges that agents of Tri-Force breached the peace when they attempted to repossess a vehicle from our client and then, when our client physically resisted the repossession (as was his legal right to do), engaged the police to coerce our clien

Repossession 40

Repossession Credit Unions Credit Unions Legal Rights 40

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.

AGA

JANUARY 15, 2018

At the end of each year, when you evaluate your collection agency performance, what method do you use to calculate their recovery rate and over what period of time do you analyze? We discuss this topic very frequently with our clients. Contingency based collection agencies only earn revenue if they collect the debt that is placed with them, therefore, the recovery rate is usually the critical factor for allowing both the client and the agency to properly evaluate their relationship.

Collections 40

Collections Collection Agencies Collections Agency 40

Consumer Financial Services Law

JANUARY 3, 2018

By Zachary Dunn The FDCPA prohibits a debt collector from using “any false, deceptive, or misleading representation” in connection with the collection of a debt. See 15 U.S.C. § 1692e. Recently, the Eastern District of New York took an expansive view of section 1692e, thereby making truthful statements a violation of the statute’s mandates. In Islam v.

Accrued Interest 40

Accrued Interest Debt collector Banks Creditors 40

Consumer Financial Services Law

JANUARY 21, 2018

On November 24, 2017, the White House appointed Mick Mulvaney as acting director of the CFPB, effective November 27, 2017. Since then, concerns have been raised that Mulvaney might ‘gut” the agency. Here is a quick look at the actions of the agency since Mulvaney’s appointment: December 2017 : The CFPB has changed its mission statement. Previously the mission statement read: “The Consumer Financial Protection Bureau is a 21 st century agency that helps consumer finance markets work by making rul

Education 40

Education Collections 40