2017

Attorney Daniel W. Sandlin and Sandlin Law Group PC Sued for Alleged FDCPA Violation

Indiana Consumer Law Group

The Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the recent filing of a lawsuit against attorney Daniel W. Sandlin and Sandlin Law Group PC. Our client lived in the 10 West Apartments (formerly Cambridge Station Apartments). She moved out at the expiration of her lease, but the apartment management (Ardizzone Group Management Company) claimed she owed $315 in cleaning expenses. Daniel W.

Dec 30, How Do I Find Which Debts Are In Collections?

Debt Collection Answers

I am looking to find out what debts I have in collections? Reply from DebtCollectionAnswers.com: We don't have a super simple answer for you but we do

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Is Your Customer Liquidating this Christmas?

Receivables Control

Why is your customer liquidating this Christmas? While you are busy trying to fill the last orders of the season, have you wondered just how many of your customers are making decisions about the life and continuity of their businesses? You may be doing all the things that are “important” this time of year.

How to Collect Receivables During the Holidays

BYL Collections

The holidays are quickly approaching and that means consumers will be inundated with sales and gift idea must haves for their families. For debt collectors, this time of year can be especially challenging when attempting to recover past due bills and bad debt. On the one hand, the debt is past due and businesses have a right to be paid. On the other hand, debt collectors must be sensitive to the financial challenges of the debtors they're contacting.

District Court Clarifies FDCPA Bar Date in Letter Cases

Consumer Financial Services Law

By Caren D. Enloe When does the statute of limitations begin to run for a letter that runs afoul of the FDCPA? That is the issue which was presented in a recent case before the Eastern District of New York. In Gil v. Allied Interstate, LLC, 2017 U.S. LEXIS 182824 (E.D.N.Y. 3, 2017), the consumers filed suit June 5, 2017 seeking damages under 15 U.S.C. 1692g for a letter dated June 1, 2016.

CreditToday’s Staff Benchmarking Survey

AGA

Many of AGA’s clients participated in CreditToday’s Staff Benchmarking Survey earlier in the year and we are happy to provide you a copy of it for your review. Is your staff size appropriate? Are you overstaffed? Understaffed? How does your staff size impact your ability to conduct critical functions? … And, how would you really know the answers to these questions? Not idle questions, these. In fact, they may be the most important questions a credit exec should be asking these days.

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Timing & Excuses- Knowing When to Place With TDR

Turbo Recovery

When operating a business, the thought of chasing customers to collect the money your business is owed probably isn’t the first thought on your mind; that is until your receivables start to accrue day by day and month by month. At Turbo Debt Recovery, we’re here to provide solutions to collect your unpaid invoices. Not getting paid for services performed or products sold can severely affect your cash flow.

Freedom Debt Relief Sued for Misleading Consumers

Debt Free Colorado

Offers for debt settlement and debt repayment plans often sound too-good-to-be-true. According to the Consumer Financial Protection Bureau “a U.S. government agency that makes sure banks, lenders, and other financial companies treat you fairly”, Freedom Debt Relief’s offers actually were too-good-to-be-true.

Is A Bank A “Debt Collector” Under California’s Rosenthal Act? Maybe Not.

FDCPA Defense

Can a bank be sued for acting as a “debt collector” under the California Rosenthal Act? You are probably tempted to answer “yes” it can, because you know the Act defines a “debt collector” to include an entity that is collecting on behalf of itself or on behalf of third parties. But a closer look at the activities performed by employees of the bank in question may reveal that it is not, in fact, collecting on its own behalf.

Tucker Albin Collection Agency Approach

Tucker Albin

Tucker Albin Collection Agency Approach. Tucker Albin is a “people-driven” organization, upholding the highest level of business ethics and values. We understand the impact of competition, and the need to assist in the retention of customers, while resolving issues. Our approach in every application is based on a business conversation that is professional, resolving and conclusive.

Debt Collector Ryan Dillon and Dillon Legal Group Sued

Indiana Consumer Law Group

The Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the recent filing of a lawsuit against Ryan Dillon and Dillon Legal Group. The Complaint alleged that Ryan Dillon and Dillon Legal Group sent a collection letter to an Indiana consumer that failed to comply with the Fair Debt Collection Practices Act because it misrepresented the consumer’s rights under the Act.

Jul 5, Negative Information Will Fall Off Millions of Credit Reports

Debt Collection Answers

If you have a judgment or tax lien on your credit reports, you may be in for a pleasant surprise. Most judgments and half of tax liens are going to come off credit reports

How to Collect From Slow-Paying Customers

BYL Collections

There could be any number of legitimate reasons your customers aren't paying their bills on time. They may not have received the bill. They could be dealing with an overwhelming amount of debt and shame. Or they may be in the habit of paying after the due date. In any of these cases, your business accounting is affected when your customers don't pay in a timely manner. You can make a few changes to prompt your customers to pay on time.

4 Reasons to Stay on top of Accounts Receivable

BYL Collections

When starting and growing a business, it's easy to get caught up in activities such as research, development, sales, customer service, and more. Cash management may be overlooked unless you start to feel it where it hurts. A steady and dependable cash flow keeps the lights on and contributes to more investment in your business. Managing recurring revenue streams or accounts receivable must be made a priority. Here are 4 important reasons to stay on top of your accounts receivable.

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Health Insurance or Not: How to Collect Patient Payments

BYL Collections

A 2017 TransUnion Healthcare analysis revealed that 68% of patients with $500 or less in medical bills did not pay the full balance in 2016. This trend is expected to rise to 95% by the year 2020. As a healthcare provider, patient care and treatment is the primary reason for doing what you do. Unfortunately, many patients will not seek treatment or continue care if they are unable to pay their bills.

Zombie Debt

BYL Collections

Zombies may have a frightening connotation but for many American consumers, zombie debt is downright terrifying. Haunting individuals who are doing their best to pay their bills on time and rebuild their credit score , zombie debt eats at the brains of those who want to put to rest long overdue debts that they thought were resolved. What is "zombie debt" and Is It a legitimate collections practice? Debt Collection FDCPA

CFPB Issues “Principles” for the Protection of Consumer Authorized Data Sharing and Aggregation

Consumer Financial Services Law

By Caren Enloe October 26, 2017 With the growth of technology and the development of the fintech market, an unprecedented amount of consumer financial data has become available. While protections through the FTC Safeguard Rule and EFTA provide certain consumer protections, there are coverage gaps as the regulatory scheme has struggled to keep up with technological advancements.

Congress Votes to Repeal CFPB’s Arbitration Rule

Consumer Financial Services Law

By Zachary Dunn October 26, 2017 The Senate voted on Tuesday, October 24, to repeal the CFPB’s Arbitration Rule first proposed in May of 2016 and issued in its final form in July. The rule would have imposed limitations on the use of pre-dispute arbitration agreements by covered providers of consumer financial products and services. Under the Congressional Review Act, 5 U.S.C. §

How to Assist Your Customers to Stay in Business after Natural Disaster

AGA

The recent outbreak of natural disasters left certain areas of the country reeling. No power, no water, and blocked roads resulted in no way to distribute product or services, and no way to collect receivables. Businesses both large and small were in a panic. No cash flow. How are they going to get paid? The answer is – they are not! At least not in the near term. Whether a customer is in collection or about to be, the problem is the same – they can’t pay their debts.

Debtor’s Actions Immediately After Default Doom Time Barred ECOA Claim

Consumer Financial Services Law

By Zachary Dunn October 25, 2017 An unpublished opinion from the Sixth Circuit provides a useful application of the statute of limitations to bar a debtor’s claims under the Equal Credit Opportunity Act, 15 U.S.C. 1691e (“ECOA”). In Guy v. Mercantile Bank Mortg. 2017 U.S. LEXIS 19329 (6th Cir. 2017), the Guys, a married African-American couple, owned and operated separate businesses. at *1-2.

When To Invest in Property Management Software

BYL Collections

Property managers and landlords are continually barraged with things to do. From filling properties with quality tenants, to managing those tenants and properties, to collecting from late-paying tenants, there has to be a way to manage ALL THE THINGS. Property management software is literally designed to make a property manager's life easier. As with any technology, the benefits must outweigh the costs. Is it time to invest in a software program to manage your properties?

Eleventh Circuit Continues to Explore Definition of Debt Collector

Consumer Financial Services Law

An unpublished opinion from the Eleventh Circuit continues its analysis of the definition of a debt collector and continues to narrow the applicability of the FDCPA. As many may recall, the Eleventh Circuit’s opinion in Davidson v. Capital One Bank, 797 F.3d 1309 (11 th Cir. 2015) was one of the first opinions to parse the definition of a debt collector under 15 U.S.C. 1692a(6). That decision, of course, was followed up by the Supreme Court’s decision in Henson v.

District Court Provides Successful Road Map for Bona Fide Error Defense

Consumer Financial Services Law

By Zachary Dunn October 16, 2017 The FDCPA, through section 1692d(6), prohibits a debt collector from placing telephone calls to a debtor “without meaningful disclosure of the caller’s identity.” 15 U.S.C. 1692d(6). The FDCPA also includes a “bona fide error” defense to violations of its mandates, including violations of Section 1692d(6). 15 U.S.C.

Collect more with consumer-friendly payment options

BYL Collections

Collecting payments on time from your customers is definitely good for business. While this statement seems obvious, there are far too many businesses that don't make the process easy or consumer-friendly. With e-commerce, you may find customers leaving their online shopping carts without paying. Healthcare customers may fall behind on payments. Tenants may consistently pay rent late. It is possible to collect more with the use of modern technology and flexible payment options. Here's how.

Requirements for Reporting Delinquent Accounts to Credit Bureaus

BYL Collections

One of the questions most asked of BYL Collections during onboarding of new accounts is regarding credit bureau reporting. Obviously, our credit and collections clients understand how credit bureau reporting may actually prompt a call or payment from a customer. When we take on the responsibility of recovery of an account, we also plan to report the bad debt to the credit bureaus.

Eleventh Circuit Holds Voice Mail Message is a Communication

Consumer Financial Services Law

The Eleventh Circuit has held that a voice mail message left for a consumer is a “communication” under the FDCPA. In Hart v. Credit Control, LLC, 2017 U.S. LEXIS 18375 (11 th Cir. Sept, 22, 2017), the debt collector left a message which stated: This is Credit Control calling with a message. This call is from a debt collector. Please call us at 866-784-1160. Thank you. Hart at *2. The message was the first communication. The consumer filed suit alleging two violations of the FDCPA.

Disaster Recovery for Small Business Accounting

BYL Collections

With the recent hurricanes and wildfires, CNBC reported from FEMA that 40% of small businesses never reopen after a disaster. In fact, a CNBC and SurveyMonkey survey found that most small businesses owners do not consider the environment as a factor to the future of their business. The unfortunate truth is that some of these natural disasters aren't predictable so it's no surprise that entrepreneurs aren't thinking about them.

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No interest? No Disclosure? No Problem!

Consumer Financial Services Law

The juxtaposition of Sections 1692e and 1692g continues to be a battle ground for the consumer bar and collection industry. Section 1692e prohibits false, deceptive or misleading representations in connection with the collection of a debt.

Fifth Circuit Affirms Debt Collector’s Duty to Report Disputed Debt

Consumer Financial Services Law

A recent opinion from the Fifth Circuit should serve as a reminder to debt collectors that their duties as to disputed debts are not governed solely by section 1692g. In Sayles v. Advanced Recovery Systems , Advanced Recovery Systems (“ARS”) sent debt validation notices pursuant to section 1692g to the plaintiff regarding two debts. The notices were sent to the plaintiff’s last known address in June and September of 2013. Sayles v. Advanced Recovery Sys., 2017 U.S. LEXIS 12080, *1 (5 th Cir.

Mortgage Servicer’s Transfer Notice Violates FDCPA

Consumer Financial Services Law

Mortgage servicers need to carefully review their Transfer Notices when the debt is in default at the time of transfer. In an unpublished decision, the Eastern District of New York recently held that a “Notice of Servicing Transfer” violated 15 U.S.C. 1692e(10). In Baptiste v. Carrington Mortgage Services, LLLC, 2017 U.S. LEXIS 103609 (E.D.N.Y.

CFPB's Monthly Complaint Report Takes a New Approach

Consumer Financial Services Law

The CFPB has issued its monthly complaint report. The report is a high level snapshot of trends in consumer complaints. The report traditionally provides a summary of the volume of complaints by product category, by company and by state. This month, however, the Report has taken a new view- one based upon a state by state analysis and new national statistics.