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Debt collection is a complex, evolving industry, and compliance with the myriad of federal, state, and local laws is an ongoing challenge for organizations in the field. These laws create a “patchwork” of rules and regulations that can vary widely depending on the jurisdiction, presenting challenges for those trying to maintain compliance and provide effective, consumer-friendly services.
We’ve seen this ruling in other jurisdictions, so it’s not necessarily a surprise, but I don’t think we’ve seen a ruling on this type of case in North Carolina yet. A District Court judge there has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act lawsuit on the grounds that the plaintiff lacked standing because he had the claim assigned to him by the individual who actually owed the debt in question.
Looking to execute on a judgment but need more information about the judgment debtors assets to collect? If so, you might consider a debtors exam. A debtors exam provides an opportunity for the creditor to question the judgment debtor and discover information related to the defendants assets. The information sought is meant to identify assets that can be used to satisfy the plaintiff’s judgment.
If your business is struggling to pay its debts when they fall due, its important to keep in mind what are creditors rights during insolvency proceedings? As a director of an insolvent company, your overriding duty moves from maximising profits for the owners to preventing further losses, with creditors repayments in mind. The below is based on technical guidance for official receivers published by the Insolvency Service: What are creditors rights?
AI is reshaping industries, yet finance remains one of the slowest adopters. Concerns over compliance, legacy systems, and data silos have made finance teams hesitant to embrace AI-driven transformation. But delaying adoption isn’t just about efficiency—it’s about staying competitive in a rapidly evolving landscape. How can finance leaders overcome these challenges and start leveraging AI effectively?
At the Law Offices of Alan M. Cohen & Associates LLC, our experienced commercial litigation attorneys focusing on commercial collections practice aggressive, relentless and ethical debt collection tactics to help Massachusetts businesses and out of state creditors owed monies from Massachusetts debtors collect their unpaid debts. With over 60 years of combined experience, our first and foremost goal is to fight to get you paid.
EDITOR’S NOTE: The following article was written by the team at Prodigal After a slow start, tax refund processing has quickly caught up. By March 7, the IRS had processed 61.8 million returnsjust 1.8% behind last year’s figures. While the average refund amount has decreased slightly from February’s 7.5% year-over-year increase, it still remains 5.7% higher than in 2024, with most consumers receiving around $3,324.
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EDITOR’S NOTE: The following article was written by the team at Prodigal After a slow start, tax refund processing has quickly caught up. By March 7, the IRS had processed 61.8 million returnsjust 1.8% behind last year’s figures. While the average refund amount has decreased slightly from February’s 7.5% year-over-year increase, it still remains 5.7% higher than in 2024, with most consumers receiving around $3,324.
A new study, based on an exclusive survey by The Kaplan Group , provides a comprehensive analysis of payment collection challenges, focusing on companies affected by high and very high Days Sales Outstanding (DSO). The research spans various industries and company sizes, offering insights into revenue distributions, industry-specific trends, and the impact of delayed payments on cash flow management.
In a time of economic transition, where housing programs, small business lending, and taxpayer services face uncertainty due to shifting federal priorities, the question isnt what will change? Its how do we ensure continuity and stability? Thats where Prosperity Next comes in.
Taking an esignature, and receiving a payment are often part of the same customer workflow. So why do many esignature software companies treat payments like an afterthought? For example, Docusign payments are only available through a plugin with select integration partners. This means they dont offer a native, built-in payment solution. Drawbacks of Separate eSignatures and Payments Companies expect esignature software to manage digital documents and offer photo and file uploads.
Is the choice made by a collection operation to dismiss a collection lawsuit against a consumer a decision in the consumer’s favor? Not necessarily, ruled a District Court judge in Pennsylvania, who granted the operation’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act. The background: The defendant filed a lawsuit against the plaintiff in 2018 over an alleged credit card debt.
Finance isn’t just about the numbers. It’s about the people behind them. In a world of constant disruption, resilient finance teams aren’t just operationally efficient. They are adaptable, engaged, and deeply connected to a strong organizational culture. Success lies at the intersection of people, culture, adaptability, and resilience. Finance leaders who master this balance will build teams that thrive through uncertainty and drive long-term business impact.
Its great to have generative AI tools accessible : to query, produce content and iterate with. These are assistive technologies for law firms; and, if you can get to your results 80% faster, thats a good thing. With a baseline generative AI tool, you input a prompt, and then iterate with the tool, to get your final output. However, AI agents , are the next thing.
The Federal Communications Commission has released a new notice inviting comments on a petition aimed at clarifying and potentially waiving certain provisions of the Telephone Consumer Protection Act related to when calls and text messages can be sent. The background: The petition, filed by the Ecommerce Innovation Alliance (EIA) and other stakeholders, seeks to address ongoing legal concerns regarding the TCPAs Quiet Hours rule, which restricts telemarketing calls and text messages to between 8
It may sound completely counter-intuitive, but technology like artificial intelligence can be used to detect and teach empathy, and a published report details how banks are using the technology to do just that. As AI continues to evolve, its increasingly being adopted in employee training programs, helping customer-facing employees in the credit and collection industry enhance essential soft skills, particularly empathy and active listening.
The Court of Appeals for the Fourth Circuit has overturned the dismissal of a Fair Credit Reporting Act case in favor of the defendant, ruling whether a dispute is legal or factual has no bearing on the furnisher’s duty to investigate the dispute. The background: The case stems from a dispute between the plaintiff and her former landlord over charges she believed were fabricated.
Your past-due accounts are growing, cash flow is tightening, and the pressure is on. The big question: Do you handle the collections internally or outsource to experts? Both strategies come with advantages and risks - but which one delivers the best impact for your business? In this session we’ll dive deep into the in-house vs. outsourcing debate, examining cost-effectiveness, efficiency, compliance risks, and overall recovery success rates.
A number of trade groups from across the financial services industry, including ACA International, have petitioned the Federal Communications Commission to delay the enactment of a rule related to the Telephone Consumer Protection Act that is scheduled to go into effect next month. Meanwhile, the FCC has launched a deregulation initiative and is seeking comment on all existing FCC rules that may create unnecessary regulatory burdens.
During this, The Great Resignation Era, I thought it would be helpful to start a regular posting of different jobs within the accounts receivable management industry that I have found online. Please make sure to do your own due diligence before applying for a position included here or accepting any offers. This is merely meant to be a service to aggregate industry job opportunities into one convenient location.
The Minnesota Attorney General’s office announced on Friday that it has reached an agreement with Mayo Clinic concerning its charity care and debt collection practices. The settlement follows an investigation into the health systems billing practices and its adherence to state regulations for nonprofit hospitals. The investigation, which began in December 2022, was prompted by allegations that Mayo Clinic had sued patients who may have qualified for charity care to recover unpaid medical d
Rep. Andy Barr [R-Kent.], a longtime critic of the Consumer Financial Protection Bureau, recently introduced two bills in the House of Representatives aimed at limiting the Bureaus investigatory and enforcement authority. The legislation seeks to redefine key aspects of unfair, deceptive, or abusive acts and practices (UDAAP) enforcement and reform the civil investigative demand (CID) process.
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.
Plaintiff Sues for Not Being Able to Arbitrate Judge Denies Motion from Plaintiff to Reconsider Standing in FDCPA Case Trade Groups Petition FCC to Delay TCPA Rule Amid Deregulation Push Oklahoma Bill Would Shield Some Medical Debt from Credit Reports WORTH NOTING: Exposure to heat is as dangerous as smoking, according to new research … Is anyone surprised that most people lie to their dentists about their dental hygiene habits?
A District Court judge in Hawaii has granted a defendant’s motion for summary judgment and partially granted its motion for costs and fees in a Fair Debt Collection Practices Act case dealing with a dispute over the collection of maintenance and cable fees for an investment property and escalating attorney’s fees that were charged after the debt had been paid.
EDITORS 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!
A Magistrate Court judge in Wisconsin has denied a plaintiff’s motion to alter a judgment which ruled he did not have standing to pursue claims the defendant violated the Fair Debt Collection Practices Act, finding that the plaintiff failed to demonstrate a concrete injury that could be linked to the defendant’s alleged misconduct. The background: The plaintiff filed the suit, accusing the defendant of engaging in illegal debt collection practices, including attempting to collect a n
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.
I am thrilled to announce that the Getting to Know series will be sponsored by TEC Services Group in 2024. TEC Services Group is the leading technology and professional services firm in the credit collections industry offering both leading industry solutions along with unrivaled, unbiased, and experienced support. TEC is now extending its services by offering proven, industry-leading technology solutions alongside of our Professional Services to help Clients feel confident in their technology de
Appeals Court Overturns FCRA Dismissal Over Reasonableness of Investigation Minnesota AG Settles with Mayo Clinic Over Charity Care, Collection Practices CFPB Roundup Compliance Digest March 17 WORTH NOTING:If you are looking for wedding gift ideas that likely aren’t on a couple’s registry, here are some suggestions … How to help your teenager be smart with his/her screentime … Guinness offers ways to help you make the most out of St.
Getting to Know Anna Sharpe of Armstrong and Associates Judge Grants MSJ, Partial Fees for Defendant in FDCPA Case Over Rental Property Report: Banks Using AI to Teach Empathy Barr Introduces Bills to Curb Investigatory, Enforcement Powers of CFPB Guest Article — Reacting Fast to Payment Intent: How to Win Big This Tax Season WORTH NOTING:Doesn’t the shower clean itself because you’re in there with soap and water?
I’m thrilled to announce that Bedard Law Group is the new sponsor for the Compliance Digest. Bedard Law Group, P.C. – Compliance Support – Defense Litigation – Nationwide Complaint Management Turnkey Speech Analytics. And Our New BLG360 Program Your Low Monthly Retainer Compliance Solution. Visit www.bedardlawgroup.com, email John H.
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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