March, 2019

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Save Time and Attorney Costs, Increase Recoveries!

Receivables Control

Tired of wasting time and incurring high attorney costs while suing to recover debts? Perhaps you feel it’s a lost cause before you even start the process! Maybe you have spent so much time with all the back and forth that you wonder if you became your attorney’s assistant. If you feel this way, it’s time for a different approach.

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Brand Aware: Logo Development for Law Firms

NCBA Law Practice Management Blog

Review some law firm logos, and you’ll probably find similar characteristics: prominent use of gavels and/or columns; the logo design will likely be based on the first letters of the last names of the name partners; and, the color scheme will probably be blue/white or gray. What I’m trying to say is that pretty much every law firm logo is the same. In a massively competitive market, like legal, that’s a bad thing, because when you’re scraping for business against every other estate planning law

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Supposed Rejection of Arbitration Clause is Rejected

BN Lawyers

A clever debtor was nevertheless unsuccessful in trying to use the Bankruptcy Code to escape a well-drafted arbitration clause contained in a credit card agreement. In Mines v. Galaxy Int;l Purchasing , Mines filed a putative class action contending that Galaxy violated Section 1692g(a)(2) of the FDCPA by failing to identify the current owner of his debt in its collection letter.

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7 Tips for a Better Experience Dealing with Debt Collection Services

Credits Inc

Debt is a big problem for people all over the United States. Consumer debt around the nation reached $3.95 trillion in September 2018. That was a rise of about 3.3% from the year before. If you are getting calls or letters from debt collection services, there are things you can do to have a better experience. Do not ignore the letters and calls. It can be easy to ignore communications from debt collection and recovery services.

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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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District Court: 1099-C Language May State Claim for FDCPA Violation

Consumer Financial Services Law

By Caren Enloe and Anna Claire Turpin A recent case from a New York district court serves as a reminder that a single word in a debt collection letter may cause a wave of implications if enough further information is not supplied. In Leonard v. Capital Management Services, LP , 2019, No. 1:18-cv-90, 2019 U.S. Dist. LEXIS 18336 (W.D.N.Y. Feb. 4, 2019), a debt collection letter offering to settle the debt for less than the full balance included a statement that “[s]ettling a debt for less than the

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FIRMS – The difference maker in your collections!

Firms

Since you have a business to run and often are crammed for time juggling your daily tasks, you probably don’t have the time to follow up on each and every debtor personally. Hence, using a collection agency is your best bet at recovering past due balances. And FIRMS is one of the best in the business. We send letters and follow up with the debtors over the phone, diligently, efficiently and with a prime focus on collecting the outstanding amount.

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Trinity: The Three Software Tools Modern Law Firms Run On

NCBA Law Practice Management Blog

If you’re a lawyer, law firm software is everywhere. Make one online search for the term, and you’re caught up in the vortex of SEO -- you’ll be served law firm software advertisements wherever you go online, from now until the end of time. I get how that can be annoying -- but, the point remains that law firms using the right software are more efficient, and make more money.

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Supreme Court Excludes Non-Judicial Foreclosure From FDCPA

BN Lawyers

On March 20, 2019, the United States Supreme Court issued its decision in Obduskey v. McCarthy & Holthus, LLP, holding that that business engaged solely in non-judicial foreclosure activities are generally exempt from the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. Justice Breyer wrote for a unanimous court, with a concurring opinion by Justice Sotomayor.

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3 Reasons Small Companies Can Benefit From Debt Collection

Credits Inc

When most people hear about a debt recovery agency, they think about aggressive debt collectors tracking people down for unpaid bills. Debt collection and debt recovery agencies tend to have a less than ideal reputation, but in reality, debt collections can be beneficial to businesses. How exactly do debt collection and recovery services help small businesses?

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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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Bankruptcy Disclaimer Did Not Violate FDCPA

Consumer Financial Services Law

A district court in Michigan recently dismissed an FDCPA action, holding that a letter which included a bankruptcy disclaimer was for informational purposes only and did not violate the FDCPA. Tyler v. Fabrizio & Brook, P.C., 2019 U.S. Dist. LEXIS 33450 (E.D. Mich. Mar. 4, 2019). At first glance, the decision appears to be in conflict with the Sixth Circuit’s prior decisions in Glazer v.

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New York Appellate Court Rejects Usage of a Mortgage’s Reinstatement Provision as a Defense to the Expiration of the Statute of Limitations

Consumer Finance Watch

By: Wayne Streibich , Diana M. Eng , Jonathan M. Robbin, and Diana M. Eng. On March 13, 2019, in a case of first impression, New York’s Appellate Division, Second Department (“Second Department”) issued a decision holding the reinstatement provision of a mortgage does not prevent the acceleration of the loan prior to entry of a foreclosure judgment.

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Mar 25, What You Should Know About Credit Before Age 25

Debt Collection Answers

What are some essentials that young people need to know about credit? Debt Collection Answers cofounder Gerri Detweiler recently shared her perspective in this article.

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Line Item: Do You Know Where Your Overhead Is?

NCBA Law Practice Management Blog

Law firms tend to not track things well.? That includes time and billing, where they regularly tend to leave hours on the table.? But, it also extends to other parts of the practice.? So, when was the last time you examined your budget? Lawyers who know their overhead are empowered because they have a baseline idea of what they need to make to keep the lights on, and what they need to make over and above that to earn a comfortable living.?

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10 Ways to Improve Payment Collections with Salesforce

For finance teams using Salesforce’s powerful CRM technology, automation can transform accounts receivable processes, driving efficiency and delivering measurable results like cost savings, reduced customer churn, and lower DSO.

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District Court Rules That a Telemarketer’s Single Unanswered Call Creates Article III Standing

Consumer Financial Services Law

By: Zachary K. Dunn A single missed call from a telemarketer constitutes a concrete injury that gives rise to standing, a federal district court in California has ruled. In Shuckett v. DialAmerica Marketing, Inc. , 2019 U.S. Dist. LEXIS 29598 (S.D. Cal. Feb. 22, 2019), the defendant DialAmerica was hired by another company, American Standard, to conduct telemarketing calls.

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Gateway: How Changing Your Email Can Enhance Your Entire Technology Infrastructure

NCBA Law Practice Management Blog

Lawyers are funny in that they sometimes treat cloud technology vendors like visitors from another planet , featuring a mixture of awe and fear. ( ‘To Serve Man’ - it’s a cookbook! ) This stems from an unfamiliarity with cloud tools; but, lawyers aren’t dumb -- they’re just occupied business managers whose primary focus is the substantive tasks they need to do.

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CFPB Issues Semi Annual Report to Congress

Consumer Financial Services Law

The CFPB has issued its Semi-Annual Report to Congress for the time period beginning April 1, 2018 and ending September 30, 2018. The Report is the first issued by newly confirmed Director Kathy Kraninger and outlines the actions taken by her predecessor in the April-September 2018 time period. Significant Problems Facing Consumers. The Report identifies two “significant problems” facing consumers shopping for or obtaining consumer financial service products: (a) credit invisibility and (b) mort