Tue.Feb 13, 2024

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Daily Digest – February 13. Collector Sued for Withdrawing Funds Without Consent; Judge Grants MSJ for Defendant in FDCPA Jurisdiction Case

Account Recovery

Collector Sued for Withdrawing Funds Without Consent Judge Grants MSJ for Defendant in FDCPA Jurisdiction Case New Filing Seeks to Settle Collector Data Breach Case for $2.

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How to Choose the Best Collection Software

Qualco

NPL Management: A 5-Step Roadmap to Strategic Success is the latest e-Guide to be published by Qualco UK. You can view it here. In today's regulatory environment, when it comes to collecting overdue accounts, the clear, overarching message is that the customer must be treated fairly and ethically. However, in a small number of credit businesses, the right strategies for systems and people have not been set.

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Collector Sued for Withdrawing Funds Without Consent

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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The Secret Insurance All Businesses Should Have

Jimerson Firm

Business Interruption Insurance Owning a business has many perks but can also be very unpredictable. A common trait many successful business owners share is the ability to plan for the future. Business interruption insurance is one tool in the tool chest that can help business owners protect themselves from unforeseen circumstances that they could not have predicted and provide financial stability in the midst of uncertainty.

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Solve Your Firms Automation Complexities Once and For All

Speaker: Mark Stovel

When it comes to automating, many firms focus on finding the latest tech, believing that efficiency is something achieved through new tools. Yet true efficiency is achieved by delivering real value to clients, not merely by upgraded systems. Without a clear approach, no level of automation can overcome the complexities of serving every client’s needs.

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Judge Grants MSJ for Defendant in FDCPA Jurisdiction Case

Account Recovery

A District Court judge in Kentucky has granted a defendant’s motion for summary judgment in an “inside baseball” type of case involving the plaintiff moving from one state to another and then the judge having to determine which state’s statute of limitations applied when the defendant filed a collection lawsuit to recover the unpaid debt.

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New Filing Seeks to Settle Collector Data Breach Case for $2.45M

Account Recovery

Having addressed the deficiencies raised by the judge, the plaintiff’s in a data breach class-action against a collection operation have filed a renewed motion for approval of a settlement that will see the collector pay $2.45 million to settle the claims against it.

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Illinois Introduces Third-Party Dental Financing Bill

Troutman Sanders

On February 6, a bill was introduced to the Illinois House of Representatives seeking to amend the Illinois Dental Practices Act to add provisions related to third-party financing for dental services. Specifically, House Bill (HB) 4891 mandates that a dentist or their employee must provide a patient with a written treatment plan, including a description of each anticipated service and a good faith estimate of expected charges before arranging for, offering, brokering, or establishing open-end cr

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Older Consumers More Financially Literate: Survey

Account Recovery

The financial landscape has undergone a digital metamorphosis, placing consumer financial literacy at the forefront of effective debt collection strategies. Based on a recent Capital One Insights Center study, debt collectors can use the data to better understand consumer behavior and tendencies in this evolving environment.

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Pennsylvania District Court Finds No Personal Liability Under the TCPA

Troutman Sanders

In Perrong v. Chase Data Corp., et al. , a court in the Eastern District of Pennsylvania recently ruled that no personal liability attaches to the owner of a company for Telephone Consumer Protection Act (TCPA) violations. The case arose out of the defendant companies selling “turnkey” calling and texting services. The defendants allegedly sent three text messages to the plaintiff asking him to call a number to discuss potential injuries and possible compensation.

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Top 3 Banking Secrets to Stay Relevant with Gen Z Consumers

Speaker: Brian Muse-McKenney, Chief Revenue Officer & Matt Simester, Cards and Payments Expert

In today’s world of social media, dating apps, and remote work, businesses risk becoming irrelevant (or getting "ghosted") if they fail to meet the evolving needs of Gen Z consumers. Credit cards with flexible payment options, especially for young adults with little-to-no credit history, are a particularly important and valuable solution for this generation.

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Quarterly Refunding Statement of Assistant Secretary for Financial Markets Josh Frost

Collection Industry News

WASHINGTON — The U.S. Department of the Treasury is offering $121 billion of Treasury securities to refund approximately $105.1 billion of privately-held Treasury notes maturing on February 15, 2024. This issuance will raise new cash from private investors of approximately $15.9 billion. The securities are: A 3-year note in the amount of $54 billion, maturing February 15, 2027; A 10-year note in the amount of $42 billion, maturing February 15, 2034; and A 30-year bond in the amount of $25 billio

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Year in Review and a Look Ahead: Navigating the Debt Collection Landscape

Troutman Sanders

Join us for an enlightening episode of The Consumer Finance Podcast, where we dissect the intricate world of debt collection, reflecting on the past year and forecasting future trends. This episode, hosted by Chris Willis, features insightful discussions with Stefanie Jackman and Jonathan Floyd, both well-versed in the field of debt collection. We explore significant Supreme Court cases that could reshape the collections landscape, the impact of Regulation F on validation notices, and the comple

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Barron & Newburger’s Latest Risk Management Guidance

BN Lawyers

Here’s the latest risk management guidance, published in December 2023, from B&N’s Attorneys Risk Management practice group. BN – Tip of the Month – Corporate Transparency Act Effective January 1, 2024 – Dec 2023 The post Barron & Newburger’s Latest Risk Management Guidance appeared first on Barron & Newburger, P.C.

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Member Spotlight: Study for Success

NACM

Your success can be measured by a multitude of factors: your desire, how big your goals are and how you bounce back from adversity are just a few to name. But in the B2B credit world, credit professionals' success can be measured through educational goals—pushing their career goalpost even further. Dan Erickson, CBA, collections representative at D.

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How To Optimize Cash Flow: Your Roadmap To Resilience!

Speaker: Genevieve Hancock, CPA

Cash flow isn’t just about balancing numbers - it's about ensuring your organization is positioned for both immediate stability and long-term success. Understanding that cash flow management fuels every decision, every opportunity, and every growth phase is critical. But how can you shift from simply managing cash to strategically optimizing it for resilience?

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Corporate Transparency Act Alert

BN Lawyers

Legal Alert: New Reporting Rule New year, new you? No! New year, new regulations! Beginning January 1, 2024, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) Corporate Transparency Act (CTA) requires that certain entities report their Beneficial Owners’ Information (“BOI”) to FinCEN. In addition, reporting entities must also disclose information about those persons that file or direct the filing for the formation of the entity.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week: Federal Activities State Activities Federal Activities: On February 8, the Consumer Financial Protection Bureau (CFPB) announced the resolution of an enforcement action, begun in 2014, against a foreclosure relief operation that allegedly violated Regulation O.