Sat.Aug 19, 2023 - Fri.Aug 25, 2023

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6 Best Practices in Modern Debt Collection

Taurus Collect

In the complex world of finance, debt collection remains a constant challenge. Traditional methods can often lead to frustration, damaged relationships, or even legal disputes. However, the landscape of debt collection has significantly evolved in recent years. The shift towards more empathetic, customer-centric approaches has revolutionised this field, creating beneficial outcomes for both parties involved.

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Current Landscape of Cryptocurrency Regulation and Enforcement

Troutman Sanders

In this episode of The Consumer Finance Podcast, Troutman Pepper Partner Chris Willis is joined by colleagues Ethan Ostroff and Trey Smith to discuss the current landscape of cryptocurrency regulation and enforcement. Our team offers insights to the industry about various topics, including: Regulation of cryptocurrency at the federal and state level, and what the regulators are targeting; The involvement of state attorneys general in cryptocurrency and enforcement; Movement on the legislative fr

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CFPB Sues Installment Lending Conglomerate for Illegally Churning Loans to Harvest Hundreds of Millions in Loan Costs and Fees

Consumer Finance

A CURO Group Holdings Company, Heights Finance, formerly known as Southern Management Corporation, induced struggling customers into a fee-harvesting and loan-churning scheme.

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Ed. Dept. Launches New Income-Driven Repayment Program

Account Recovery

The Department of Education, along with the federal government, yesterday announced it had launched its updated income-driven repayment application tool for individuals with unpaid student loans, a tool that could help reduce the student loan payments for up to 30 million borrowers. The new initiative is called the Saving on A Valuable Education (SAVE) program.

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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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Overnighting Payment on Your Debt Collection Claim Could Result in Paying Twice

FFGN COLLECT NY

Some people overnight payment to satisfy their debt collection claim. But did you know that doing so could result in having to pay twice? The recent uptick in crimes targeting the postal service has experts warning the public not to send checks through the mail. Our bank, and most likely yours, has even warned against placing checks in the mailboxes outside of the post office.

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Top 6 Identity Verification Methods

Micro Bilt

Identity verification has become a crucial aspect of today’s business world, particularly for financial institutions and e-commerce companies. Unfortunately, keeping up with the latest techniques can be challenging, with Know Your Customer (KYC) and Anti-Money Laundering (AML) regulations constantly pushing the advancement of identity verification methods globally.

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FTC Sues, Gets TRO to Stop Student Loan Debt Relief Scam

Account Recovery

The Federal Trade Commission on Monday announced it had sued and obtained a temporary restraining order against a number of corporate and individual defendants accused of pretending to be affiliated with the Department of Education so that they could market student loan forgiveness programs that made false promises and collected millions in illegal upfront fees.

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Could we seize real estate to collect on a business-to-business debt?

Collections Law

In many cases, yes. If you speak for a large business or corporation that needs to collect on a commercial debt, you should know about this essential tool. In Massachusetts, a real estate attachment allows us to freeze the property before we even get a court judgment against the debtor. Inexperienced collection attorneys start thinking about how to collect only once they have a court judgment.

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California DFPI Requires Annual Reporting and Expands UDAAP to Commercial Financing

Troutman Sanders

Earlier this month, the California Department of Financial Regulation and Innovation (CA DFPI) announced a new rule expanding the definition of unfair, deceptive and abusive acts and practices (UDAAP) to commercial financing. Specifically, the rule makes it unlawful “for a covered provider to engage or have engaged in any unfair, deceptive, or abusive act or practice in connection with the offering or provision of commercial financing or another financial product or service to a covered entity.

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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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Agencies to Host Roundtable on Special Purpose Credit Programs

Consumer Finance

Four federal agencies will host a roundtable discussion September 12, 2023, at 3:00 p.m. EDT regarding the availability of special purpose credit programs (SPCP) to help meet the credit needs of eligible individuals.

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Collector Facing Class-Action for Allegedly Not Identifying Current Creditor in MVN

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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Can a bankruptcy on your record make it harder to get a job?

Roths Child Law

If you’re saddled with overwhelming debt, you may not have considered the option of filing for bankruptcy simply based on things you’ve heard about it over the years. Many of them likely aren’t accurate. It’s important to get accurate information about both types of personal bankruptcy (Chapter 7 and Chapter 13) to determine whether it’s your best opportunity to get your financial situation back on track.

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New Jersey Enacts Law Capping Surcharges for Credit Card Transactions

Troutman Sanders

On August 18, New Jersey Governor Phil Murphy signed into law A4284 , which prohibits sellers from imposing certain surcharges for credit card transactions. Specifically, the law prohibits sellers from charging more than what they pay to process credit card transactions. The law also requires sellers to disclose and post notices of the surcharge prior to the consumer incurring the charge.

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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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Does Filing for Bankruptcy Eliminate Debt?

Sawin & Shea

If you’re stressed about your finances, you’re in good company. A recent survey from Capital One reports that 73% of Americans name financial concerns as their number one source of stress. When it comes to financial worries, they can be many and complex: Am I making enough? How will I get under my debt? Will I be able to retire comfortably? Am I okay if an emergency happens?

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Appeals Court Rules Risk of Future Harm Sufficient for Standing

Account Recovery

The Court of Appeals for the Second Circuit has overturned a lower court’s dismissal of a case in which it determined the plaintiff lacked standing to sue, ruling that the threat of potential future harm — at least in the context of a data breach and identity theft — is sufficient for the plaintiff to […]

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Navigating Unpaid Debts and Debt Recovery in Australia

JMA

Unpaid debts can be a source of financial stress for individuals and businesses alike. In Australia, understanding the ins and outs of debt recovery is essential to manage financial obligations effectively. In this article, we will address common questions regarding unpaid debts, the timeframes for debt payment and recovery, and the potential ramifications for debtors.

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Seven State AGs Announce Settlement With Robocallers

Troutman Sanders

On August 16, a coalition of seven state attorneys general (AG) announced a settlement with participants alleged to be involved in a “massive” robocall operation. The stipulated order, which names Scott Shapiro, Michael T. Smith, Jr., and Health Advisors of America (defendants), permanently bans Shapiro and Smith from initiating or facilitating robocalls; working in or with companies that make robocalls; and engaging in telemarketing.

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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.

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Exploring Buyers’ Rights: Seeking Specific Performance of Real Estate Purchase Agreements

Jimerson Firm

When two parties enter into a contract for the purchase and sale of real property, both parties intend to close on the sale of the property. However, there are times where the seller refuses to sell the property to the buyer. What happens then? What rights does the buyer have to force the seller to close and to sell the property to the buyer? This article seeks to explore these questions and evaluates the language in the most common forms of purchase and sale agreements.

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Judge Certifies Class in FDCPA Case Over Attempts to Enforce Judgment

Account Recovery

A District Court judge in New York has adopted recommendations from a Magistrate Court judge and certified a class in a Fair Debt Collection Practices Act case that has been going on for nearly a decade. A copy of the ruling in the case of McCrobie v. Palisades Acquisition XVI et al.

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HMRC Debt Collection & Management: An Expert Guide

Hudson Weir

In this guide we explore HMRC debt management and collection, including the options if your business is struggling to make a repayment. If that’s the case, your company isn’t alone. The National Audit Office reports the total tax debt reached £42bn in September 2021, up from £16bn in January 2020 before COVID-19. While the pandemic has now subsided, many businesses continue to struggle with debt.

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Conflicting Opinions: District Court Concludes EFTA and Regulation E Do Not Apply to Digital Asset Accounts Established for “Investment Purposes”

Troutman Sanders

On August 11, in the case of Yuille v. Uphold HQ Inc. , the Southern District of New York was tasked with determining whether the Electronic Funds Transfer Act (EFTA) applies to digital asset-based accounts. The court concluded there was no “account” as defined by EFTA because the digital asset account at issue was not established primarily for personal, family, or household purposes.

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Connect, Care, Convert: Secrets to Establishing Trust with Niche Markets and Turning Them Into Clients

Speaker: Lynnette Khalfani-Cox, The Money Coach®

Niche markets represent a huge opportunity for the financial services industry in America. From college students and women to communities of color and low-to-moderate-income households, niche populations have specialized financial needs – but they often underutilize many valuable financial products and services. How can you better connect with these consumers?

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Why should general contractors come to us for mechanic’s liens?

Collections Law

If you own a large construction company, you are familiar with mechanic’s liens. These are an effective method of obtaining payment from delinquent clients. They are a powerful tool given by statute to certain actors in the construction industry, and they’re the only type of property lien that doesn’t require a judge’s approval. The rules in the statutes are strict In leaner days, you might have tried to enforce mechanic’s liens yourself.

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NFID Seeks Feedback on Upcoming Licensing Regs

Account Recovery

In a development that was first reported by ACA International, the Nevada Financial Institutions Divisions is seeking feedback on the impact of forthcoming regulations related to a new licensing law that was enacted in the state. A copy of the questionnaire can be accessed by clicking here.

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Ninth Circuit “Voices” Its Rejection of Plaintiff’s Attempt to Expand TCPA

TCPA

The Ninth Circuit recently rejected the argument that a text message qualifies as an “artificial or prerecorded voice” under the TCPA. See Trim v. Reward Zone USA LLC, 2023 WL 5025264, 2023 U.S. App. LEXIS 20445 (9th Cir. Aug.

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Minnesota AG Investigating Allina Health as Part of its Renewed Medical Billing Initiative

Troutman Sanders

Minnesota Attorney General Keith Ellison recently announced steps the office is taking as part of its “renewed focus” on medical billing. “The Minnesota Attorney General’s Office has long been concerned with medical billing and has acted for years to protect Minnesotans from abusive and deceptive practices. With recent reports in the media and from consumers that problems continue, we’re taking several steps to renew our focus on this longstanding concern.

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ERM Program Fundamentals for Success in the Banking Industry

Speaker: William Hord, Senior VP of Risk & Professional Services

Enterprise Risk Management (ERM) is critical for industry growth in today’s fast-paced and ever-changing risk landscape. When building your ERM program foundation, you need to answer questions like: Do we have robust board and management support? Do we understand and articulate our bank’s risk appetite and how that impacts our business units? How are we measuring and rating our risk impact, likelihood, and controls to mitigate our risk?