Consumer Financial Services Law

MARCH 27, 2018

By: Zachary K. Dunn The House Financial Services Committee voted 35-25 on March 21, 2018 to advance H.R. 5082, officially known as the “Practice of Law Technical Clarification Act of 2018,” to the full House of Representatives. The bill, if enacted, would amend the Fair Debt Collection Practices Act to exclude from the definition of “debt collector” all law firms or licensed attorneys working in connection with “a legal action in a court of law to collect a debt on behalf of a client,” including

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AGA

MARCH 1, 2018

When an accounts receivable ages past its due date, it is vitally important to take positive action, not only to maintain a healthy cash flow but to adapt to constantly changing market conditions. In our current economic times, a savvy management understands that managing the cost of doing business is vitally important. Cash is king. And too many delinquent accounts can bring your business to a standstill.

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Turbo Recovery

MARCH 19, 2018

Debt recovery can be a difficult and time-consuming task, but at Point Law we do things differently. The confidence, persistence, and core values of our team mean you get better results in less time than the competitors. These are the five ways our company goes the extra mile for our clients. Liquidity Rate Liquidity rate is perhaps the single most important aspect of any debt recovery agency and law firm.

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Consumer Financial Services Law

MARCH 15, 2018

The Sixth Circuit recently made clear its position that “Congress cannot override the baseline requirement[s] of Article III of the U.S. Constitution by labeling the violation of any requirements of a statute a cognizable injury.” In Hagy v. Demers & Adams, 2018 U.S. App. LEXIS 3710, 882 F.3d 616 (6 th Cir. 2018), a letter from a law firm advising the consumer that the creditor would not seek recovery of the deficiency balance resulted in an FDCPA claim.

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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.

Consumer Financial Services Law

MARCH 8, 2018

By: Zachary K. Dunn A District Court in the Seventh Circuit has held that a debt collector may not avail itself of the § 1692k(c) bona fide error defense if it “intentionally chose to present conflicting information,” even if that conflicting information was provided to it by the creditor. In Garcia v. Miramed Revenue Group, LLC , 2018 U.S. Dist. LEXIS 17818 (N.D.

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Consumer Financial Services Law

MARCH 5, 2018

By: Zachary K. Dunn The United States House of Representatives passed H.R. 3299, commonly known as the “ Madden fix” bill, by a vote of 245-171 on February 14, 2018. The bill, which is officially entitled “Protecting Consumers’ Access to Credit Act of 2017,” is a response to the Second Circuit’s decision in Madden v. Midland Funding, LLC , 786 F.3d 246 (2nd Cir. 2015), cert denied , U.S. , 136 S.Ct. 2505 (2016).

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Consumer Financial Services Law

MARCH 4, 2018

The CFPB recently issued its second Quarterly Consumer Credit Trends Report which examines the impact of changes to credit reporting regarding the reporting of civil public records. In 2015, the three major credit reporting agencies (“CRAs”) entered into settlements with over thirty states. The settlements required the three CRAs to implement minimum personal identifying information (“PII”) standards and data collection frequency requirements for civil public records appearing on consumer report

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Consumer Financial Services Law

MARCH 1, 2018

A recent decision from the North District of Illinois has expanded on the Seventh Circuit’s holding in Pantoja v. Portfolio Recovery Assocs., LLC , 852 F.3d 679 (7th Cir. 2017) regarding revival warnings in collections letters on time-barred debt. Pierre v. Midland Credit Management, Inc. , 2018 U.S. Dist. LEXIS 18860 (N.D. Ill. Feb. 5, 2018). The ruling resulted in summary judgment as to liability for a certified class of plaintiffs due to a collection agency failing to include a warning that p

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Consumer Financial Services Law

MARCH 26, 2018

The D.C. Circuit has issued its long-awaited decision on the FCC’s 2015 TCPA Declaratory Ruling. ACA International v. Federal Communications Commission, No. 15-1211 (Mar. 16, 2018). The ruling invalidates the FCC’s definition of an automated telephone dialing system (“ATDS”) and sets aside the FCC’s ruling on reassigned numbers. The ruling, however, upholds the FCC’s determination that consent can be revoked through any reasonable means.

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Turbo Recovery

MARCH 19, 2018

Debt recovery can be a difficult and time-consuming task, but at Turbo Debt Recovery we do things differently. The confidence, persistence, and core values of our team mean you get better results in less time than the competitors. These are the five ways our company goes the extra mile for our clients. Liquidity Rate. Liquidity rate is perhaps the single most important aspect of any debt recovery agency.

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