Thu.Jan 25, 2024

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Judge Grants MSJ for Defendant in Early Out Billing Lawsuit

Account Recovery

For a lot of companies that work with healthcare providers, collecting bad debt may just be one component of what that company does for its client. Many companies, for example, offer billing services or early-out collections, working accounts before they go into default and are considered to be bad debt.

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New York Enacts Credit Card Surcharge Caps and Disclosure Requirements

Troutman Sanders

Last month, New York Governor Kathy Hochul signed into law Assembly Bill 2672 , which both prohibits sellers from charging a credit card surcharge greater than what they are charged by the credit card company and requires sellers to clearly post the price of the credit card surcharge. The law will take effect on February 11, 2024. Specifically, the law provides that any seller in any sales transaction imposing a surcharge on a customer using a credit card shall clearly and conspicuously post the

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Daily Digest – January 25. Getting to Know Jessica Fagen of The Moore Law Group; Judge Grants MSJ for Defendant in Early Out Billing Lawsuit

Account Recovery

Getting to Know Jessica Fagen of The Moore Law Group Judge Grants MSJ for Defendant in Early Out Billing Lawsuit CFPB Proposes Rule Prohibiting Fees on Instantly Declined Transactions Penn.

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Construction Shop Drawing Review and Approval – Who Owns the Risk?

Jimerson Firm

Shop drawings play a vital role in construction projects. Comprehensive construction contracts may define shop drawings to include diagrams, illustrations, schedules, and other data or information that are prepared or assembled by or for the contractor to illustrate some portion of a parties’ scope of work. Construction contracts may also include language as to the timing of shop drawing submission, as well as the parties’ rights and obligations for the submission of shop drawings.

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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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CFPB Proposes Rule Prohibiting Fees on Instantly Declined Transactions

Account Recovery

The Consumer Financial Protection Bureau yesterday issued a Notice of Proposed Rulemaking that would prohibit banks and financial services companies from assessing non-sufficient funds fees on transactions that are declined in real time.

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Penn. AG Settles Enforcement Action with Consumer Attorney Running Debt Settlement Operation

Account Recovery

The Attorney General of Pennsylvania has announced the settlement of an enforcement action against a consumer attorney who also provided debt settlement services that took advance fees from consumers and misled them into believing that attorneys were working on their accounts, when in reality they had been transferred to call center representatives.

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Can You Move Out of State While in Chapter 7?

Sawin & Shea

Bankruptcy filings in the United States are on the rise, with a recent 10% increase. Many people are also struggling to find employment and housing, so they may need to move to another location during bankruptcy. What if you find a job in another state? Can you move out of state while in Chapter 7 bankruptcy ? These are excellent questions, and in this article, we’ll present information to help you understand the impact of a move during bankruptcy.

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CFPB Continues War on Fees, Even Rare Ones

Troutman Sanders

Yesterday, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a proposed rule with request for public comment to prohibit covered financial institutions from charging nonsufficient funds fees (NSF) for payment transactions that are instantaneously declined. The proposed rule would treat fees for transactions declined in real time to be unlawful under the Consumer Financial Protection Act.

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3 Tips For Collecting Debts From Difficult Clients

Collections Law

Anyone involved in any type of business knows that there will inevitably be a client or customer who does not pay their bill. Our experienced collection lawyers at the Law Offices of Alan M. Cohen & Associates LLC know and understand how frustrating it is to have customers who refuse to pay. We also know that letting those customers get away with not paying the money they owe is obviously bad for business.

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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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South Carolina Proposes Legislation to Impose Ability-to-Repay Analysis for Installment and Payday Loans

Troutman Sanders

On January 9, a group of five bi-partisan South Carolina Senators introduced Bill 910 , which would, among other things, require persons (non-bank lenders) providing “consumer installment loans” or “deferred presentment loans” to conduct ability to repay (ATR) analysis. Insured state and federally chartered banks and credit unions are exempt from the provisions of the proposed law, which is currently before the Committee on Labor, Commerce, and Industry for review.

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Debtor may not Sell its Intellectual Property Free and Clear of Creditor’s Interests

ABI

Jae Hwang St. John’s University School of Law American Bankruptcy Institute Law Review Staff Section 363 of title 11 of the United States Code (the “Bankruptcy Code”) allows a debtor to sell its bankruptcy assets free and clear of liens and interests only if certain circumstances are met. [1] In addition, section 363 provides that an entity with an interest in the assets being sold is entitled to “adequate protection.” [2] The United States Bankruptcy Court for the District of Delaware held

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Navigating the Future of Payments

Troutman Sanders

As the financial landscape continues to evolve, financial institutions and fintech businesses, including payment processors and money transmitters, are facing increased regulatory scrutiny and heightened consumer expectations. Our dedicated Payments team is at the forefront of these changes, actively addressing the full spectrum of legal challenges in this intricate and ever-evolving sector.

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How Lenders Can Combat Growing Delinquency Rates

Micro Bilt

Borrowers are defaulting on car loans at the highest rate in 27 years There are several reasons for the unprecedented growth in delinquencies. Below, we cover three primary issues causing financial stress on consumers in the current economic environment.

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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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Speak for Yourself: Court Denies Class Certification in TCPA Case Based on Class Members’ Potentially Mixed Reactions to Ringless Voicemail Messages

Troutman Sanders

On January 18, a court in the Eastern District of Wisconsin denied class certification in a Telephone Consumer Protection Act (TCPA) case concluding that the factual issue of whether the proposed class members had suffered an injury-in-fact sufficient to confer Article III standing based on the receipt of a ringless voicemail was an individualized issue that would predominate over common issues.

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How To Account for Growing Student Loan Delinquencies

Micro Bilt

In the current high-risk economy, where student loans constitute a significant portion of many individuals' debt, lenders increasingly recognize the need for a more nuanced approach to customer relations and debt management.

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Join Us at the OLA Legal Issues Conference for a Panel on Federal Enforcement in 2023

Troutman Sanders

We are pleased to announce that Troutman Pepper attorneys Jason Cover, Mark Furletti, and Caleb Rosenberg will moderate a panel at the Online Lenders Alliance’s (OLA) Legal Issues Conference, taking place February 13-14 in Arlington, Virginia. The panel entitled “Federal Enforcement in 2023: A Year in Review” will be held on February 13 at 12:30 p.m. and will provide an overview of federal regulatory enforcement actions against banks, direct lenders, bank program facilitators and alternative cre

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National debt reaches a new record of $34 trillion—or about $100,000 for every person in the U.S.

Collection Industry News

The federal government’s gross national debt has surpassed $34 trillion, a record high that foreshadows the coming political and economic challenges to improve America’s balance sheet in the coming years. The U.S. Treasury Department issued a report Tuesday logging U.S. finances, which have become a source of tension in a politically divided Washington that could possibly see parts of the government shutdown without an annual budget in place.

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How Collection Agencies Minimize Effort and Maximize Results with the Right Software

Navigating collections in the dynamic financial landscape presents multifaceted challenges. Organizations face pressures to maintain standards alongside software challenges like regulatory adaptations, data integration, security, workflow optimization, and automation. Finding the right software can save time and money. BEAM offers a comprehensive solution with specialized modules to streamline debt collection effortlessly.

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ADA Website Accessibility: Insights and Updates

Troutman Sanders

In this episode of The Consumer Finance Podcast , host, Chris Willis, is joined by Partners Kim Phan and Lori Sommerfield, to discuss recent developments related to website accessibility under the Americans with Disabilities Act (ADA). In this episode, they explore the Department of Justice’s proposed rule under Title II of the ADA, which seeks to improve state and local government website and mobile app access for individuals with disabilities, and the potential significance to the private sect