Sat.Dec 16, 2023 - Fri.Dec 22, 2023

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Hiring a Commercial Debt Collection Agency – the 2024 Guide

Taurus Collect

In the dynamic world of business, maintaining a steady cash flow can be a challenge, particularly when clients fail to settle their debts on time. This is where a commercial debt collection agency comes into play. One of the key trends in this industry is the ‘no collection no fee debt collection’ approach, a cost-effective solution for businesses grappling with unpaid debts.

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Are Things Good or Bad?

Account Recovery

Normally, companies in the accounts receivable management industry are like a school of fish — they all move in the same direction at the same time. When things are good, they are good for everyone. When things are bad, everyone suffers.

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Bonded Mechanics’ Lien Role in NY Debt Collection

FFGN COLLECT NY

Having not been paid by your client, you filed a mechanics’ lien, liening underlying property to protect your right to payment. However, the mechanics’ lien you filed was bonded. What does that mean for you as far as collecting a debt in New York goes? What next steps should you take? To remove the lien from the underlying property, the general contractor, owner or another purchased a surety bond to “bond off the lien.

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CFPB Report Highlights Consumer Experiences with Overdraft and NSF Fees

Troutman Sanders

On December 19th, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a report highlighting consumers’ experiences with overdraft and nonsufficient funds (NSF) fees. The report found that roughly a quarter of consumers are still being charged these fees despite the CFPB’s hostility towards so called “junk fees,” which has led many banks and credit unions to eliminate such fees.

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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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Buyer’s Agent’s Real Estate Commissions Could be in Jeopardy in a New Decision in Federal Court

Jimerson Firm

Recently, a federal jury in the Middle District of Missouri found the National Association of Realtors (“NAR”) and two major real estate brokerages—Keller Willams and HomeServices of America—liable under United States antitrust laws for conspiring to fix prices in the class action lawsuit, Burnett v. NAR, et al. Specifically, the jury found that the Defendants were artificially inflating home prices by requiring a commission to be paid to the buyer’s real estate agent by the seller at closing.

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CFPB Orders U.S. Bank to Pay $21 Million for Illegal Conduct During COVID-19 Pandemic

Consumer Finance

The Consumer Financial Protection Bureau ordered U.S. Bank to pay nearly $21 million for keeping consumers from accessing unemployment benefits during the COVID-19 pandemic.

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The Best Ways to Loan Money to Friends and Family

Credit Corp

Has a friend or family member asked you for a loan? This can be a difficult situation. On one hand, you likely want to help them out. On the other hand, you don’t want to be out the money or put a strain on the relationship. The trick is to know how to loan money the right way. Before you agree to loan any money to a friend or family member, think about how reliable they are.

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Amici Argue for Narrow Interpretation of National Bank Act Preemption

Troutman Sanders

A group of non-profit consumer advocacy organizations, the Conference of State Bank Supervisors, and the American Association of Residential Mortgage Regulators filed two separate briefs asking the U.S. Supreme Court to overturn a Second Circuit decision holding that New York’s escrow interest law is preempted by the National Bank Act (NBA) under the “ordinary legal principles of pre-emption.

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Calif. Hospital to Forgive All Debts Incurred During COVID

Account Recovery

A healthcare provider in California has announced it is going to forgive the unpaid medical debts for all of its patients that was incurred during the first three years COVID-19 pandemic. By the Numbers: About 29,000 patients will have their medical debts wiped clean, according to the report. Those patients owed a combined $40.

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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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CFPB Issues Report Showing Many Americans Are Surprised by Overdraft Fees

Consumer Finance

The Consumer Financial Protection Bureau (CFPB) today issued a new report finding that many consumers are still being hit with unexpected overdraft and nonsufficient fund (NSF) fees, despite recent changes implemented by banks and credit unions that have eliminated billions of dollars in fees charged each year.

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It’s Not Me, It’s You: Website Design Is for the Consumer

NCBA Law Practice Management Blog

I was talking to a business owner the other day, and he was reluctant to design a website. He doesn’t want the focus to be o n him. He wants everything to be about the client s he serves. Now, this person was not a lawyer; but, I also hear this sentiment from lawyers regularly, as well. They believe that their websites have to focus on them, in order to be compelling to legal consumers.

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Automatic Stay Timeline

Sawin & Shea

When an individual or business files for bankruptcy, an automatic stay immediately goes into effect. This stay halts most collection activities and legal actions against the filer. For debtors, the automatic stay provides critical breathing room to address financial issues under bankruptcy court protection. What is an Automatic Stay? An automatic stay refers to the legal injunction put into place upon filing for bankruptcy.

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CFPB, DOJ Sue Developer for Predatory Lending

Account Recovery

The Consumer Financial Protection Bureau yesterday announced it had filed suit against a developer and lender for operating an illegal land sale scheme and targeting Hispanic borrowers with loans they couldn’t afford, many of which ended up in foreclosure and allowed the company to repeat the process.

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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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CFPB Report Finds Many College-Sponsored Financial Products Charge High and Unusual Fees

Consumer Finance

The Consumer Financial Protection Bureau found that many college-sponsored financial products have higher fees and worse terms and conditions compared to typical market products.

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CFPB and DOJ File Lawsuit Against Housing Developer/Lender Over Targeting Hispanic Borrowers with Alleged False Statements and Predatory Loans

Troutman Sanders

On December 20, the Consumer Financial Protection Bureau (CFPB) and U.S. Department of Justice (DOJ) filed a complaint in a Texas federal court against Colony Ridge Development, LLC (Colony Ridge), its affiliates, and Loan Originator Services, a Texas mortgage company, for allegedly operating an illegal land sales scheme and targeting tens of thousands of Hispanic borrowers with false statements and predatory loans.

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District of Oregon Finds that Ninth Circuit’s Chennette Presumption Does Not Materially Impact Class Certification Criteria

TCPA

The United States District Court for the District of Oregon recently issued a significant opinion regarding the legal framework for certifying Do-Not-Call claims. See Mattson v. New Penn Financial LLC, 2023 WL 8452659 (D. Or. 2023).

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23 Companies Seeking Collection Talent

Account Recovery

During this, The Great Resignation Era, I thought it would be helpful to start a regular posting of different jobs within the accounts receivable management industry that I have found online. Please make sure to do your own due diligence before applying for a position included here or accepting any offers.

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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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CFPB and Justice Department Sue Developer and Lender Colony Ridge for Bait-and-Switch Land Sales and Predatory Financing

Consumer Finance

The Consumer Financial Protection Bureau and the Justice Department sued Colony Ridge for operating an illegal land sales scheme and targeting Hispanic borrowers.

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Washington State Representatives Propose Amendments Targeting Bank Model Lending and Loan Programs Based on Tips or Memberships

Troutman Sanders

Washington now joins the list of states that have enacted or proposed legislation adopting so-called anti-evasion provisions, including legislation passed in Minnesota, discussed here , Connecticut, discussed here , Nebraska, discussed here , and proposed in Florida, discussed here. On December 5, HB 1874 was filed, which would amend the Washington Consumer Loan Act (CLA) to adopt both predominant economic interest and totality of the circumstance tests to determine the “true lender” of a loan u

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How to Choose the Right Debt Collection Agency in Sydney for Your Business

JMA

Choosing the right debt collection agency is a critical decision for any business in Sydney. The ability to effectively recover outstanding debts can significantly impact your financial health and business operations. However, it’s not just about recovering funds; it’s also about maintaining valuable customer relationships and upholding your business’s reputation in the process.

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Appeals Court Affirms Dismissal of FDCPA Case Over Auto Repossession

Account Recovery

We don’t normally write about automotive repossessions here, but it is a Fair Debt Collection Practices Act case and it is the Court of Appeals for the Second Circuit, so it’s probably got something worthwhile for companies in the accounts receivable management industry to know, right?

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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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Statement of CFPB Director Rohit Chopra, Member, FDIC Board of Directors, on the Final Rule to Protect the FDIC Name and Logo from Bad Actors

Consumer Finance

The FDIC Board of Directors is voting on a final rule to update the framework governing official FDIC signs and advertising requirements, as well as misrepresentations related to federal deposit insurance.

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SEC’s New Cyber Rules for Publicly Traded Companies

Troutman Sanders

In this episode of The Consumer Finance Podcast , Chris Willis is joined by Kim Phan, a partner in our firm’s Privacy + Cyber practice, to discuss the Securities and Exchange Commission’s new cyber risk management and incident disclosure rules for publicly traded companies. The rules, already in effect, detail the information a public company must report following a cybersecurity incident and the timeline for reporting.

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How Our Sydney Debt Collectors Improve Cash Flow and Help Your Business

JMA

In the bustling economic landscape of Sydney, maintaining robust cash flow is the lifeline of any business. Cash flow, essentially the net amount of cash moving in and out of a business, dictates its capacity to thrive and expand. However, in the face of delayed payments and accumulating debts, preserving a healthy cash flow can. Read more » The post How Our Sydney Debt Collectors Improve Cash Flow and Help Your Business appeared first on JMA Credit Control.

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Suit Accuses Collector of Attempting to Collect Incorrect Amount

Account Recovery

EDITOR’S NOTE: This article is part of a series that is sponsored by WebRecon. WebRecon identifies serial plaintiffs lurking in your database BEFORE you contact them and expose yourself to a likely lawsuit. Protect your company from as many as one in three new consumer lawsuits by scrubbing your consumers through WebRecon first. Want to learn more?

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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.