November, 2021

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A Good Collection Attorney Knows How to Benefit From New York’s Liberal Judgment Enforcement Policies

FFGN COLLECT NY

There is no state as liberal as New York when it comes to commercial debt collection and the enforcement of judgments against commercial entities. New York Civil Practice and Rules Article 52 grants the judgment creditor many liberties and privileges when it comes to enforcing a judgment. To ensure the best possible outcome, you’ll want to make sure you have a good collection attorney who knows how to maneuver through New York’s liberal enforcement policies.

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HMRC facing pressure to improve Debt Collection

UK debt collections

In the latest HMRC update, overdue debt increased to £58 billion – a record-breaking level of debt. Sushil Patel, Director of Restructuring Advisory at Kroll, has explained how this may impact the collection of debt in a period of financial recovery for the UK. In the 13 years prior to the 2020-21 financial year, HMRC’s overdue debt averaged £18.1 billion, peaking in 2008/09 following the financial crisis, where the debt level approached £26 billion.

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Daily Digest – November 29. Judge Grants MTD in FDCPA Case; Series Finale of ‘You Wanted a Rule, You Got a Rule’

Account Recovery

JUDGE GRANTS MTD IN FDCPA CASE OVER USE OF WORD ‘SUMMONS‘ A District Court judge in Pennsylvania has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act when one of its representatives used the word “summons” during a conversation with the plaintiff, who had been sued … The post Daily Digest – November 29.

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Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2021

In the Red

. Each year amendments are made to the Federal Rules of Bankruptcy Procedure, which govern how bankruptcy cases are managed. The amendments address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others. The rule amendments are ultimately adopted by the U.S. Supreme Court and technically subject to Congressional disapproval.

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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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Business Advice: How Important is a Follow-Up?

Enterprise Recovery

If there's any solid business advice I could offer to anyone, it would be this: Always follow up. For many reasons, a follow-up email or phone call is essential in achieving results. Often, however, some people don't feel comfortable reaching out again after a meeting, discussion or event. They're worried their ask is a chore or they're being too pushy.

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Can You Buy a House if You Owe Taxes?

Credit Corp

In a Nutshell. Yes, you might be able to get a home loan even if you owe taxes. Owing taxes or having a tax lien does make it harder and more complicated to get a mortgage. You can improve your chances of mortgage approval by actively working to resolve your tax debt even if you can’t pay it all off immediately. Failing to pay your federal income taxes can lead to the Internal Revenue Service placing a lien on your property or your assets.

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CFPB Sues Pawn Lenders for Cheating Military Families

Consumer Finance

The Consumer Financial Protection Bureau (CFPB) today filed a lawsuit in a Texas federal district court against FirstCash, Inc. and Cash America West, Inc. The CFPB alleges that the two companies violated the Military Lending Act (MLA) by charging higher than the allowable 36% annual percentage rate on pawn loans to active-duty servicemembers and their dependents.

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3M New Names on DNC List; 1M More Robocall Complaints: FTC

Account Recovery

Nearly 3 million additional people added their phone numbers to the national Do Not Call registry during the 2021 fiscal year, which ended September 30, according to data released by the Federal Trade Commission just before Thanksgiving last week, bringing the total number of actively registered numbers on the list to more than 244 million. … The post 3M New Names on DNC List; 1M More Robocall Complaints: FTC appeared first on AccountsRecovery.net.

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Scams Alert: We Can All Fall Victim to Social Engineering and Fraud

Fico Collections

This week is International Fraud Awareness Week — but every week is Fraud Awareness Week for FICO, as we focus on helping banks and other financial institutions worldwide detect and manage fraud. Fraud is a big burden for such organizations but there are of course other victims – people just like you and me. Their lives can be turned upside down and their finances ruined when they become victims of clever scam artists.

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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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Survey shows true cost of Businesses chasing late payments

UK debt collections

A shocking survey has revealed that 32% of businesses are spending up to 75% on late payment issues. Businesses are surprisingly spending more time chasing overdue debts when that time would be better used for more positive purposes. The online survey conducted by Debt Register, found that almost a third of all businesses spend up to three-quarters of their time on overdue invoices.

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What’s New for Medicare in 2022?

Nerd Wallet

Open enrollment for Medicare goes from Oct. 15 to Dec. 7 each year, when Medicare beneficiaries choose their coverage for the next plan year. As Medicare enrollees contemplate their choices for 2022, here are overall Medicare changes to keep in mind. Original Medicare costs are going up Original Medicare includes Part A and Part B. Kate Ashford writes for NerdWallet.

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OSHA’s COVID-19 Vaccine Mandate: Proactive Measures for Private Employers to Take While the Mandate is Stayed

Jimerson Firm

On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) published 29 C.F.R. 1910 , commonly referred to as the “vaccine mandate” and referred to by OSHA as the “ETS on Vaccination and Testing,” which requires private employers with over 100 employees to either mandate employees get vaccinated or undergo periodic testing for COVID-19 (“Mandate”).

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CFPB Seeks Input on Detecting Discrimination in Mortgage Lending

Consumer Finance

The Consumer Financial Protection Bureau (CFPB) issued a Request for Information (RFI) to seek input on rules implementing the Home Mortgage Disclosure Act (HMDA). The CFPB plans to review recent changes to the rule and evaluate their effectiveness.

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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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Judge Remands FDCPA Class Action Back to State Court

Account Recovery

A defendant has lost its attempt to keep a Fair Debt Collection Practices Act class action in federal court, with a District Court judge in Wisconsin ruling that even though the plaintiff sought the help of an attorney and that interest continued to accrue on the underlying debt, she did not suffer a concrete injury … The post Judge Remands FDCPA Class Action Back to State Court appeared first on AccountsRecovery.net.

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Can Debt Collectors Call on Holidays?

Credit Corp

When you’re in debt, getting calls from debt collectors is an unwelcome but common occurrence. But can debt collectors call on holidays? Unfortunately, there are no regulations that specifically make debt collection calls on holidays illegal, but there are regulations that prohibit debt collectors from contacting consumers at unusual or inconvenient times.

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Unpaid Invoices as high as £200k affecting 1 in 5 SME’s

UK debt collections

Newly released data from Time Finance has revealed some startling findings. The data shows that an astonishing 70% of SME’s and Small businesses are suffering from late payments from their customers. Time finance, a finance provider found that late payment debt was sometimes as high as £200,000 for 1 in 5 small business owners. The findings come despite the Government introducing a Prompt Payment Code.

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Reluctant to Retire? 3 Signs You’re Ready

Nerd Wallet

Many people don’t have much choice about when they retire. Illness, job loss or caretaking responsibilities push them out of the labor force, ready or not. But some people have the opposite problem: They do have a choice, and yet they can’t quite bring themselves to quit working. Some love what they do and never. Liz Weston writes for NerdWallet. Email: lweston@nerdwallet.com.

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Connect, Care, Convert: Secrets to Establishing Trust with Niche Markets and Turning Them Into Clients

Speaker: Lynnette Khalfani-Cox, The Money Coach®

Niche markets represent a huge opportunity for the financial services industry in America. From college students and women to communities of color and low-to-moderate-income households, niche populations have specialized financial needs – but they often underutilize many valuable financial products and services. How can you better connect with these consumers?

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What Happens When a Lender Fails to Record a Satisfaction of a Mortgage?

Jimerson Firm

Paying off one’s mortgage can be an exciting time for homeowners. Not only is the homeowner relieved of the burden of their monthly mortgage payments, but they are also finally able to proclaim that the property is owned free and clear. However, making the payoff alone does not automatically free the home from the mortgage and the lien used to secure it.

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Appeals Court Affirms Defendant’s Summary Judgment Ruling in FDCPA Statute of Limitations Case

Troutman Sanders

In Reddick v. Capouano, Beckman, Russell & Burnett LLC , the Court of Appeals for the Eleventh Circuit recently affirmed defendant law firm Capouano, Beckman, Russell & Burnett LLC’s (Firm) motion for summary judgment involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA). In its holding, the Eleventh Circuit found no violation of the FDCPA when the defendant law firm moved to collect a debt within the applicable statute of limitations period.

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Judge Grants MTD in FDCPA Case Over Use of Word ‘Summons’

Account Recovery

A District Court judge in Pennsylvania has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act when one of its representatives used the word “summons” during a conversation with the plaintiff, who had been sued by the defendant to recover an unpaid debt. A copy of … The post Judge Grants MTD in FDCPA Case Over Use of Word ‘Summons’ appeared first on AccountsRecovery.net.

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A Complete Guide to Holiday Budgeting

Credit Corp

Are you ready to start thinking about holiday shopping? Sure, it might seem a little early. But when it comes to holiday budgeting, it can’t hurt to get a head start. Here are some quick holiday stats for you: according to Statista, the average amount spent on gifts in 2020 was $852. This number has been above $700 annually since 2010. That only accounts for money spent on gifts, though.

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Successful Change Management with Enterprise Risk Management

Speaker: William Hord, Vice President of ERM Services

A well-defined change management process is critical to minimizing the impact that change has on your organization. Leveraging the data that your ERM program already contains is an effective way to help create and manage the overall change management process within your organization. Your ERM program generally assesses and maintains detailed information related to strategy, operations, and the remediation plans needed to mitigate the impact on the organization.

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The 4-1-1 on Skip Tracing

Payment Savvy

When a consumer defaults on payment, you first contact them about the missed payment. What happens when that customer vanishes completely? To collect debt more quickly, many businesses utilize collection agencies. One of the tools agencies employs when a consumer goes MIA is skip tracing. Interested to learn more about the tool? Read on to get the 4-1-1… What is skip tracing?

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4 Reasons to Shop Small Business Saturday

Nerd Wallet

When you think about holiday shopping, your mind probably goes to big-box retailers before your neighborhood bookstore or antique shop. But in a time marked by widespread supply chain disruptions and inflation, underdog small businesses deserve our attention. Enter Small Business Saturday. Small Business Saturday is an annual event created by American Express that encourages.

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How Do I Get My Attorney’s Fees in Litigation After a Settlement is Reached?

Jimerson Firm

When lawsuits are filed, sometimes the prevailing party is entitled to attorney’s fees. As a general rule in Florida, those attorney’s fees may only be awarded if a statute or contract allows for them. See State Farm Fire & Cas. CO. v. Palma , 629 So.2d 830, 832 (Fla. 1993). For example, in lawsuits involving a homeowners’ association and one of its members, Florida Statute § 720.305 provides that attorney’s fees are awarded to the “prevailing party.

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Deep Dive Into the Distribution of FICO® Scores Across the US

Fico Collections

As of April 2021, the average FICO® Score in the United States sits at 716 , an increase of eight points compared to April 2020, which is around the time the economic shutdown driven by COVID-19 began in earnest. While the COVID-19 pandemic resulted in economic hardship for many people, it also changed the credit behaviors of millions of consumers and led to the deployment of payment accommodations offered by lenders to help impacted customers with their debts. .

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How Preparation and Strategy Can Be Used to Fight and Defeat Any Ransomware Attack

Speaker: Karl Camilleri, Cloud Services Product Manager at phoenixNAP

Did you know that 2021 was a record-breaking year for ransomware? The days of a “once in a while” attack against businesses and organizations are over. Cyberthreats have become a serious issue. With 495.1 million attacks, the threat marked a 148% increase compared to 2020 and was the most expensive year on record! As a result, data protection needs to be a concern for most banks, businesses, and information technology specialists.