Sat.Aug 05, 2023 - Fri.Aug 11, 2023

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Contract Carve-Outs and Debt Collection Fee Disputes

FFGN COLLECT NY

Most clients look for low or no-fee debt collection and don’t want to go out of pocket to collect bad debt. However, this can conflict with the terms of the clients’ agreement also known as contract carve-outs. Many contracts contain a clause that provides for mediation and/or arbitration in the event of a dispute. In order to avoid going out of pocket to pursue bad debt, the contract will provide an exception, or better known, a carve-out, for fee disputes.

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What Industries Are Recession Proof?

Payment Savvy

While it is by no means a pleasurable experience, the simple truth of the matter is that recessions are a part of life and something we should accept as an occasional occurrence. We are going to face them once in a while – there is no avoiding that fact. Depending on your perspective (and at the risk of sounding a little existential), the very fact that recessions are inevitable at some point means we are always approaching one.

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Top 5 Asset Protection Strategies for Lottery Winnings

Jimerson Firm

Winning the lottery is undoubtedly a life-altering event. However, with this newfound wealth comes an unwanted spotlight, as lottery winnings are often a target of lawsuits, creditors, scams, and sometimes even friends and family seeking financial assistance or investment opportunities. Here are five asset protection strategies to consider that can help shield lottery winnings effectively: Strategy #1: Utilize Tenants by Entireties Ownership In Florida, married couples qualify for a unique form

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Massachusetts law allows this effective move when collecting on a judgment

Collections Law

In our experience in business-to-business collections, debtors frequently withhold payment even when creditors have obtained legal judgments against them. What can be done? In Massachusetts, getting a legal judgment may be only the first step in a collections case. An attorney who truly knows Massachusetts collections law might file supplementary process as the next step.

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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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Collector Sued for Allegedly Not Honoring Settlement Agreement

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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2023 Review: Chase Freedom Unlimited®

Credit Corp

The Chase Freedom Unlimited® Credit Card is ideal for those who want to earn cash back on everyday purchases. You can earn anywhere from 1.5% to 5% cash back rewards. These points don’t expire and there’s no limit to how much you can earn. Basic Features Intro Apr: intro_apr_rate,intro_apr_duration Ongoing Apr: reg_apr,reg_apr_type Balance Transfer: balance_transfer_intro_apr,balance_transfer_intro_duration Annual Fee: annual_fees Credit Needed: credit_score_needed Additional Details Great intro

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SNAP into Action: Safeguarding SNAP in the Farm Bill

Prosperity Now

Every five years, Congress passes a critical piece of legislation affecting everything from food security to rural energy to agriculture: the Farm Bill. With Congress in recess until mid-August, and so much money (an estimated $1.51 trillion) riding on one piece of legislation, it is worth looking into what the Farm Bill is and why it matters to all of us.

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Complaint Alleges Collector Left ‘Threatening’ Voicemails for Plaintiff & His Wife

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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Crypto As “Funds” Under the EFTA – How a Court’s Recent Ruling May Impact Virtual Currency Platform Operators

Troutman Sanders

In this episode of The Crypto Exchange , Troutman Pepper Partner Ethan Ostroff welcomes his colleagues Carlin McCrory and Addison Morgan to discuss a recent case in the Southern District of New York that has been in the news, Rider v. Uphold HQ. In Rider , the court concluded that virtual currency platform operators may be subject to the Electronic Fund Transfer Act (EFTA) and Regulation E.

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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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Can I File Bankruptcy on Just My Credit Cards?

Sawin & Shea

Credit card debt is a huge reason people end up filing for bankruptcy. The incredibly high interest rates alone plus the ease of procuring cards contribute to what can be a vicious cycle of maxing out limits, paying only minimums, and applying for more cards. And often this cycle can have long-term negative effects on family relationships. Many cardholders unable to pay their debt wind up filing for bankruptcy which may be a good answer to big financial problems.

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The digital revolution: Finech technologies to optimise your credit management process

On Guard

The digital revolution has drastically changed the world around us. Whereas digitisation within many organisations used to be a multi-year plan, during the corona crisis it became clear that delaying is no longer an option. By now, almost all companies are engaged in large-scale transformation from analogue to digital data, process automation and cost savings.

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Judge Grants Plaintiff’s Motion to Voluntarily Dismiss FDCPA Case, but Denies Defense’s Motion for Fees & Costs

Account Recovery

Details matter, don’t they? Take, for instance, this Fair Debt Collection Practices Act lawsuit. The plaintiff — who lives in Texas — received an email from the defendant.

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Banks From Coast to Coast Urge CFPB to Stay Implementation of its Section 1071 Final Rule

Troutman Sanders

On August 8, bankers associations from all 50 states sent a joint letter to the Consumer Financial Protection Bureau (CFPB or Bureau) urging it to stay enforcement and implementation of the small business data collection and reporting final rule under § 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Final Rule) for all covered financial institutions until after the U.S.

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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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Group On: Building a Community-Based Referral Program

NCBA Law Practice Management Blog

Lawyers love marketing to other lawyers, because there’s nothing like speaking a dead language, like Latin, in the modern world , and accompanying the dialogue with a firm handshake. And, even when attorneys market online, they tend to stay in place – hanging with their fellow attorneys on LinkedIn, sticking to #lawtwitter. But, there’s a whole separate world of other humans out there, who have no idea what sua sponte even means; and, guess what: they need someone to refer legal cases to , too –

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US private funds industry sues securities regulator over new rules

Collection Industry News

NEW YORK, Sept 1 (Reuters) – Six private equity and hedge fund trade groups on Friday sued the U.S. Securities and Exchange Commission (SEC), arguing the agency overstepped its statutory authority when adopting sweeping new expense and disclosure rules last week. SEC Chair Gary Gensler said the rules will increase transparency and competition in the private funds industry, which oversees around $20 trillion in assets and has been accused by advocacy groups of opacity and conflicts of inter

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Collection Operation Caught Up in One of Largest Cyberattacks Ever

Account Recovery

The Department of Health and Human Services has disclosed in its Breach Portal that a breach, which involved more than 600,000 individuals at Radius Global Solutions is being investigated as a law firm specializing in data breach class actions is looking for victims of the breach to be plaintiffs in a lawsuit against the company.

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California Federal Court Denied Class Certification in TCPA Case Where Plaintiff Arguably Requested Calls

Troutman Sanders

In Wiley v. American Financial Network, Inc., a district court judge in the Central District of California denied a motion for class certification in a Telephone Consumer Protection Act (TCPA) case, finding the defendant provided evidence suggesting the plaintiff invited the calls. The case arose out of the defendant obtaining leads to contact consumers about its lending services from many different sources, including lead generators and direct solicitation.

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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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Data-Driven Debt Recovery: A Proven 5-Step Email Strategy

PDC Flow

Email for debt collection is more popular than ever and there are good reasons why. A thoughtful debt collection email strategy: Makes right party contact faster and easier Drives more traffic to self-serve channels, freeing up employees to do other work Saves money on operating costs by reducing postage costs Gives you more visibility into consumer engagement In an era where convenience and privacy are paramount, email offers a non-intrusive, easily accessible, discreet means of communication c

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What Credit Professionals Can Learn from Social Media Influencers

NACM

In the modern-day world of social media platforms, influencers have become some of the most prominent figures within the marketing and advertising industries. It may be difficult to think that there are any similarities between social media influencers and credit professionals, but some influencer characteristics are key to becoming a leader.

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Wireless Carriers Pushing Consumers to Use Debit, Bank Accounts For AutoPay

Account Recovery

Wireless carriers are trying to push more consumers into using their bank accounts or debit cards when enrolling in auto payment programs, instead of credit cards, because the costs of the processing credit card transactions are so much higher than the other forms of payment, according to a published report.

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Credit Union Trade Associations Urge CFPB to Stay Implementation of its Section 1071 Final Rule

Troutman Sanders

On August 7, the National Association of Federally-Insured Credit Unions (NAFCU) and the Credit Union National Association (CUNA) sent a joint letter to the Consumer Financial Protection Bureau (CFPB or Bureau) urging it to stay enforcement and implementation of the small business data collection and reporting final rule under § 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Final Rule) for all covered financial institutions until after the U.S.

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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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Over half of student loan borrowers racked up credit card debt during the payment pause—now experts worry about ‘shock’

Collection Industry News

Federal student loan borrowers have had a break from paying back their student loans for over three years now. Though the forbearance may have given them breathing room, helped them add to their savings or pay down other debts, inflation creeping up throughout 2022 undermined a lot of that progress. Over 50% of borrowers added debt on regular credit cards during the student loan payment pause and another 31% racked up balances on retail cards, a recent TransUnion analysis found.

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Member Spotlight: Advance Your Career with Designations

NACM

From day one, credit professionals are constantly improving their skills and expanding their knowledge in the B2B credit industry. But on-the-job learning can only take them so far. By earning designations through NACM's Professional Certification Program, credit professionals have the chance to stand out from others and perfect their skills.Kelly.

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Daily Digest – August 11. Complaint Alleges Collector Left ‘Threatening’ Voicemails for Plaintiff & His Wife; Judge Grants Plaintiff’s Motion to Voluntarily Dismiss FDCPA Case, but Denies Defense’s Motion for Fees & Costs

Account Recovery

Complaint Alleges Collector Left ‘Threatening’ Voicemails for Plaintiff & His Wife Judge Grants Plaintiff’s Motion to Voluntarily Dismiss FDCPA Case, but Denies Defense’s Motion for Fees & Costs Collection Operation Caught Up in One of Largest Cyberattacks Ever Wireless Carriers Pushing Consumers to Use Debit, Bank Accounts For AutoPay WORTH NOTHING: Photos detailing the tragic […]

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Colorado Federal Court Declines to Dismiss TCPA Claim: Finds ATDS Plausibly Alleged Based on Reasoning in Facebook’s Footnote 7

Troutman Sanders

More than two years after the Supreme Court’s opinion in Facebook v. Duguid , courts and litigants continue to wrestle with the statutory definition of “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA). The debate centers on footnote 7 in Facebook , wherein the Supreme Court ostensibly embraced the proposition that an ATDS includes dialing systems that employ random or sequential number generators (RSNGs) to index and/or order telephone numbers for la

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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.