September, 2024

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Judge Denies Class Certification Motion in FDCPA Case Over Second Validation Notice

Account Recovery

A District Court judge in Illinois has denied a plaintiff’s amended motion to certify a class in a Fair Debt Collection Practices Act case, ruling the plaintiff did not adequately follow instructions from the Seventh Circuit Court of Appeals in defining the limits of who could be included in the class. The background: The plaintiff filed this lawsuit because after disputing a debt, she received a letter from the defendant that included information about how she could dispute the debt.

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Celebrating 20 years-how it started and how it’s going

American Profit Recovery

American Profit Recovery is celebrating 20 years in business. However, we are not just celebrating being in business for two decades, we are applauding our vision come true and how we have built a reputable debt collection agency that has achieved what we set out to do in 2004. We came together because we saw an opportunity to improve just about every area of collections.

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Startup Cash Flow Management Tips for Early Success

Enterprise Recovery

Cash flow basics are important for startup leaders to ensure financial stability and growth. Positive cash flow indicates more money is coming into the business than going out, while negative cash flow suggests the opposite. Leadership should regularly monitor cash flow statements to identify trends, potential shortfalls, and opportunities for improvement.

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CFPB Bans Navient from Federal Student Loan Servicing and Orders the Company to Pay $120 Million for Wide-Ranging Student Lending Failures

Consumer Finance

Today, the Consumer Financial Protection Bureau (CFPB) filed a proposed order against the student loan servicer Navient for its years of failures and lawbreaking.

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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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Charity’s plea to restrict Council tax Debt Collection

UK debt collections

The Charity, National Debtline says action is needed to improve debt collection practices at a effectively-bankrupt authority. Financially-stricken Birmingham City Council sent almost 60,000 debts to bailiffs last year – as a charity warned the tactic risked pushing those who owed cash to despair. The authority said it referred more than 58,500 cases in 2023-24, with the number increasing again following a drop after the pandemic.

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N.J. Appeals Court Affirms Ruling for Defendant in CFLA Case

Account Recovery

In a case that was defended by Jacquelyn DiCicco of J. Robbin Law, a New Jersey Appeals Court has affirmed the dismissal of a consumer’s class-action lawsuit against a group of debt buyers, ruling that there is no private right of action under the New Jersey Consumer Finance Licensing Act, and that the plaintiff’s claims under the Consumer Fraud Act were not applicable in this debt collection context.

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Don’t leave money on the table-why small invoices add up to positive cash flow

American Profit Recovery

“I have a lot of small invoices in my business that have not been paid. What should I do?” This is a common question our team gets from small and large businesses regarding lower dollar amount invoices that remain unpaid. Many businesses think it’s not worth the effort to implement collection activity on small invoices. But what if we told you that focusing on these in your business could add up to significant amounts of money recovered for your business.

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Techniques for Managing Outstanding Invoices Efficiently

Enterprise Recovery

Outstanding invoices can be devastating to businesses of any size. The ripple effects of unpaid invoices can lead to cash flow problems, making it difficult to cover operational costs, pay employees, or invest in growth opportunities. Small businesses often lack the financial cushion that larger enterprises might have. However, even large corporations are not immune; accumulating unpaid invoices can disrupt financial planning and hinder strategic initiatives.

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CFPB Takes Aim at Double Billing and Inflated Charges in Medical Debt Collection

Consumer Finance

The CFPB today issued guidance to prevent families from being targeted by illegal medical debt collection tactics for inaccurate or unsubstantiated bills.

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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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SME Late Payments increase by 48% says New research

UK debt collections

Over 3.6 million (72%) small and medium-sized enterprises (SMEs) have some form of outstanding late payment from customers, leaving them £96,772 out of pocket on average, according to new research from Aldermore’s SME Growth Index. The total value of late payments has increased from the end of 2023, up 41% from £68,715 with outstanding balances continuing to present huge challenges for SMEs.

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Navigating HB 1203: Changes Impacting Homeowners’ Associations in Florida

Jimerson Firm

Part II: New Rights and Protections for Homeowners On July 1, 2024, CS/CS/HB 1203 became effective, which created significant changes impacting homeowners’ associations (“HOA”) in Florida. Those changes include new educational requirements for community association managers and HOA directors, access to certain HOA records, prohibitions against a HOA limiting or placing requirements on the interior of a home, and prohibitions against a HOA from preventing a homeowner from installing or displayin

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Consumers’ Financial Situations Continue to Worsen: JPMorgan Chase

Account Recovery

The savings nest eggs that people built up during the COVID-19 pandemic are all but gone, according to new research from the JPMorgan Chase Institute. As savings dwindle, consumers are becoming more vulnerable to financial shocks, which could lead to lower spending and higher debt defaults. By the numbers: According to the institute’s latest Household Finances Pulse report, the cash reserves of U.S. households have been steadily shrinking since their pandemic-era peak.

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Setting your seasonal business up for success-including positive cash flow

American Profit Recovery

If you operate any type of seasonal business, you know there are ups and downs and fluctuations during your fiscal year. It’s important to have a game plan in place to manage the busy times and survive slower periods. We serve as a collection agency for seasonal businesses among others and we can tell you that cash flow can be a struggle for many that operate at different volumes during the year.

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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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The Importance of Communication in Debt Recovery

Enterprise Recovery

Building trust is paramount in the debt recovery process, and communication is the foundation of trust. Clients are more likely to cooperate and engage positively when informed about the collections process and their options. Clear and honest communication helps to demystify the debt recovery process, reducing any anxiety or confusion the client may have.

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CFPB Report Highlights Consumer Protection Issues in Medical and Rental Debt Collection

Consumer Finance

The CFPB today issued its annual report on debt collection, which highlights aggressive and illegal practices in the collection of medical debt and rental debt.

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New Data says outstanding invoices reach shocking levels

UK debt collections

New research by Upflow has found that over half of outstanding invoices (57%) are late, with a third of invoices (33%) taking longer than 90 days to be paid. Upflow says that throughout several industries, there is a worrying trend that if outstanding invoices are not paid on-time or within the first 30 days of becoming overdue, they have a high chance of still being outstanding 90+ days after the due date.

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Steps to Create a CFPB Complaint Process for Agencies

PDC Flow

The Consumer Financial Protection Bureau (CFPB) is an independent federal agency responsible for maintaining the safety of customers who interact with financial businesses. Because they create and enforce the regulations that govern the credit and collection industry, debt collection agencies know this organization well. But do you know the best way to handle a CFPB complaint about your business filed directly with the Bureau?

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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 Facing FDCPA Class Action For Attempting to Collect on Invalid Debt

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? Call (855) WEB-RECON or email admin@webrecon.net today!

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Overcoming Challenges as Debt Collectors

American Profit Recovery

By Delaney: Debt Collectors are faced with many hurdles when trying to contact consumers to pay on past due balances. Many of these hurdles come from pre-conceived notions about what it means to have an account sent to collections, or to be contacted by a collection agency. At American Profit Recovery, we do our best every day to change the perception of the collection industry in order to educate both consumers and prospective clients on what those things truly mean.

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How to Prepare for Economic Fluctuations as a Small Business

Enterprise Recovery

With the announcement that the Federal Reserve cut interest rates by half a percentage point, inflation and interest rates are a primary news topic. If you own a small business, these economic fluctuations can have significant impacts. Understanding these cycles is vital to anticipate changes in the market and adjust business development strategies accordingly.

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CFPB Orders TD Bank to Pay $28 Million for Illegal Breakdowns that Potentially Tarnished Consumer Reports

Consumer Finance

The CFPB ordered TD Bank to pay $7.76 million to tens of thousands of victims because of the bank’s illegal actions.

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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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Authorities issue Scam Invoices warning

UK debt collections

The Intellectual Property Office (IPO) has issued a fresh warning to customers to beware of misleading requests for payments, sent by unsolicited organisations. These typically take the form of invoices requesting payment for trade marks, designs, or patents services. Such ‘services’ – once paid for – may simply never be provided, or may be of little or no benefit to the customer (for example, inclusion on an ‘exclusive online register’, not recognised by the IPO or any other official body).

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Navigating HB 59: Homeowners’ Associations Are Now Required to Provide Copies of its Rules & Covenants to Members

Jimerson Firm

On July 1, 2024, HB 59 became effective. This bill created new requirements for Homeowners’ Associations (“HOA”) to provide copies of certain records to members of the HOA, including the HOA’s declaration of covenants, amendments to the declaration of covenants, and the HOA rules. HOAs, as well as Community Association Managers, must ensure that they are aware of these new changes, and ensure that they are in compliance.

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Judge Rules Debt Collection Lawsuit Waives Arbitration Clause

Account Recovery

A District Court judge in Maryland has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act (FDCPA) case, ruling that the defendant waived its right to arbitrate by engaging in prior litigation. The background: In August 2016, the plaintiff took out a personal loan that was sold and transferred through several financial entities, ultimately landing in the hands of the defendant.

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Our Google Reviews Tell a Story

American Profit Recovery

By Sabrine: Who would have thought that a collection agency would have such great google reviews?! Prior to starting at American Profit Recovery back in 2017, I relied on APR’s reviews online to determine whether I would give this company a chance or not. Now, in 2024, the reviews are a tool used across our various departments daily as well as a talking point for potential employees coming in for interviews.

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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.