Podcasts about Fair Debt Collection Practices Act

Join Chris Willis and his colleague Stefanie Jackman as they delve into the recent amendments to New York City's debt collection rules. In this episode of The Consumer Finance Podcast, they discuss the significant changes, including communication restrictions, validation requirements, and the expanded coverage to include creditors. Learn about the implications for both creditors and debt collectors, the enforcement mechanisms, and the ongoing legal challenges. Stay informed and prepared for the April 1, 2025, enforcement date.

California frequently is in the vanguard of consumer financial issues and legislation, foreshadowing trends that may spread to other states. Today's episode, during which we explore important hot topics and recent developments in California consumer finance law, is hosted by Ballard Spahr partner Melanie Vartabedian, and features Partners Michael Guerrero and Joel Tasca, and Of Counsel John Kimble. We first discuss what the future likely holds for proposed rules issued under the California Consumer Financial Protection Law (CCFPL) by the California Department of Financial Protection and Innovation (DFPI). The proposed rules include complex registration and reporting requirements for certain consumer products, and are under revision after rejection by the California Office of Administrative Law for lack of clarity. We then explore the DFPI's most recent annual report on activity under the CCFPL, which recaps the DFPI's rulemaking, enforcement efforts, complaints received, and efforts in connection with education outreach and the Office of Financial Innovation. Highlights include a rule that applies consumer-type “unlawful, unfair, deceptive, or abusive acts and practices” (referred to in the report as “UUDAAP”) prohibitions to financial products and services provided to small businesses; ramped-up enforcement efforts; and high-dollar settlements as well as litigation in progress. Next, we turn to a comparison of California's Rosenthal Fair Debt Collection Practices with the federal Fair Debt Collection Practices Act, and discuss their similarities, differences, and litigation trends under both laws. We then focus on the California Consumer Credit Reporting Agencies Act, which poses challenges for companies that report consumer data to consumer reporting agencies over and above the requirements of federal law. We conclude with a look at unique issues arising in California with respect to the FTC “holder rule”.

Welcome back to the podcast! In today's must-listen episode, Chantel got to speak with Martin Sher   Martin Sher, a Birmingham, Ala. businessman has been named the 2010-2011 president of ACA International, the association of credit and collection professionals. Sher, co-owner with his brother David of AmSher Receivables Management, assumed the president's gavel in July at the ACA International Convention in Washington D.C.   As president, Sher will lead an organization of 5,000 members in 65 countries world wide during a critical time in ACA's history. “The creation of the new Bureau of Consumer Financial Protection, potential reform of the Fair Debt Collection Practices Act, proposed restrictions regarding communicating with cell phones, and states considering new laws demand ACA's active collaboration in finding an appropriate balance between a critically important industry to the world economy and appropriate levels of consumer protection,” he said.   Enjoy!   Upgraded Formulas: https://www.upgradedformulas.com/collections/featured-products?rfsn=5797728.596684&utm_source=refersion&utm_medium=affiliate&utm_campaign=5797728.596684 Use Coupon Code: CHANTELRAY   Heart and Soil: Website: http://chantelrayway.com/liver  Use Coupon Code: chantelray   Today's Episode Is Sponsored By BiOptimizers Masszymes: http://masszymes.com/waistawayfree    Use code waistaway10 for a special discount!   Today's Episode Is Sponsored By BiOptimizers Magnesium Breakthrough: Visit https://magbreakthrough.com/waistaway and enter code waistaway for 10% off any order. https://magbreakthrough.com/rf_special?rfsn=7678975.73fd57&utm_source=refersion&utm_medium=affiliate&utm_campaign=7678975.73fd57     Masszymes - https://bioptimizers.com/shop/products/masszymes?rfsn=7678975.73fd57&utm_source=refersion&utm_medium=affiliate&utm_campaign=7678975.73fd57   HCL (Hydrochloric Acid) - https://bioptimizers.com/shop/products/hcl-breakthrough?rfsn=7678975.73fd57&utm_source=refersion&utm_medium=affiliate&utm_campaign=7678975.73fd57     Sleep Breakthrough - https://bioptimizers.com/shop/products/sleep-breakthrough?rfsn=7678975.73fd57&utm_source=refersion&utm_medium=affiliate&utm_campaign=7678975.73fd57    Join Our Non-Toxic Family MasterClass: Website: https://nontoxicfamily.com/masterclass/ Join Our Facebook Group: https://www.facebook.com/groups/TheChantelRayWay/   Order One Meal And A Tasting: https://chantelrayway.com/onemeal/    Order All The Books: Waist Away: The Chantel Ray Way - 2nd Edition:  https://www.amazon.com/gp/product/0999823116/ref=dbs_a_def_rwt_hsch_vapi_tpbk_p1_i0    Fasting to Freedom: The Gift of Fasting: https://www.amazon.com/Fasting-Freedom-Gift-Chantel-Ray/dp/0999823132/ref=tmm_pap_swatch_0?_encoding=UTF8&qid=&sr=    Freedom From Food: A Six Week Bible Study Course: https://www.amazon.com/Freedom-Food-Bible-Study-Course/dp/0999823159/ref=pd_bxgy_img_3/135-7722513-4171815?_encoding=UTF8&pd_rd_i=0999823159&pd_rd_r=91d59435-2126-4f9d-867e-00646964e3e4&pd_rd_w=mg3U0&pd_rd_wg=FcVwL&pf_rd_p=fd3ebcd0-c1a2-44cf-aba2-bbf4810b3732&pf_rd_r=NWM3687GJSRKKQ4BYQP4&psc=1&refRID=NWM3687GJSRKKQ4BYQP4    Connect With Us:   Leave us a review: https://chantelrayway.com/review/    Share YOUR Story: https://chantelrayway.com/contact/   Contact directly through email at questions@chantelrayway.com    Enjoy refreshing, all-natural wine: https://chantelrayway.com/wine/   Listen to the new audiobook as a podcast HERE: https://chantelrayway.com/purchase-audio-book/   Free Video Preview: https://chantelrayway.com/top-12-thin-eater-tips-free-video/   Check out the VIDEO COURSE here: https://chantelrayway.com/video-course/   Purchase on Amazon Here: https://www.amazon.com/shop/intermittentfastingthechantelrayway   Strengthen your immune system with Vitamin C: https://chantelrayway.com/vitaminc/    Enjoy a FREE smoothie recipe book: https://chantelrayway.com/freerecipe/   Re-energize with nutritious algae Energybits: https://chantelrayway.com/energybits    Castor Oil: https://chantelrayway.com/castoroil   Connect with us on Social Media:   YouTube Channel Link: https://www.youtube.com/channel/UCteFjiVaY6n0SOAixcyZbWA   Like us on Facebook at https://www.facebook.com/TheChantelRayWay       Things we love: https://chantelrayway.com/things-i-love-2/   Facebook group: https://www.facebook.com/groups/TheChantelRayWay   ***As always, this podcast is not designed to diagnose, treat, prevent or cure any condition and is for information purposes only. Please consult with your healthcare professional before making any changes to your current lifestyle.***

This episode of About the House is brought to you by the Construction Consumer Advocacy Institute https://constructionconsumeradvocacyinstitute.com/   ⁠   In this episode of About the House with Troy Galloway, Troy talks about collecting unpaid bills with Matt and Nick from Burmester, Yarbrough, Reed & Associates. Find out how hiring someone else to collect on past-due bills can allow you to focus on your business and maybe even salvage the relationship with that client. Troy's Number - 314-520-6655  Troy's Email - ⁠troy@gallowaybuildingservice.com⁠   Radio Show Archives - https://gallowaybuildingservice.com/resources/radio-show/    Website - ⁠⁠https://gallowaybuildingservice.com/  2:55 Matthew and Nick of Burmester, Yarbrough, Reed & Associates https://byrallc.com/ 833-928-2654 5940 Missouri Highway 94 STE 101, Weldon Spring, Missouri 63304 6:30 Debt collection and the Fair Debt Collection Practices Act https://www.ftc.gov/legal-library/browse/rules/fair-debt-collection-practices-act-text  7:55 What happens if a bill collector is talking to someone with dementia? 11:33 Is there a minimum amount of money needed to collect on 15:11 Garnishing wages 15:58 It is easier to collect before things go to court 18:15 What kind of debts will a bill collector refuse to collect? 20:11 Are bill collectors busier when the economy is in bad shape? 22:06 What separates Burmester, Yarbrough, Reed & Associates from the other bill collectors? 23:00 It is important to maintain the working relationship between business and client and threats won't help 26:40 Using a bill collector lets the business owner focus on their business 28:30 What happens when someone calls a bill collector for help? 31:32 Check out episode 15 with Matt Nagel about writing good contracts https://gallowaybuildingservice.com/radioshow/writing-good-contracts-with-attorney-matthew-nagel/  34:15 Recouping the most amount of money 35:24 Personal guarantee/guarantor 36:45 Storm chasers scam people after bad weather destroys homes 40:25 FOTI v. NCO FINANCIAL SYSTEMS, INC. was about whether debt collectors can leave a message 41:34 Comparing debt collecting to the medical field 44:35 Is bill collecting harder in more progressive West Coast states? 46:40 Wild stories about bill collecting 53:06 A promissory note is important when attempting to collect on a debt

Do you hate hidden hotel, housing, airline, ticketing, banking, and other corporate fees? Do you want Congress to do something about them? In this episode, learn about the wide range of unreasonable fees being reported to Congress during hearings and examine what proposals could have bipartisan support. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Recommended Congressional Dish Episodes FTC Authority Ronald Mann. Apr 23, 2021. SCOTUSblog. Supreme Court of the United States. April 22, 2021. Junk Fee Overview Ashish A. Pradhan. May 19, 2023. The National Law Review. Will Kenton. January 24, 2023. Investopedia. Brian Deese et al. October 26, 2022. White House Briefing Room Blog. October 20, 2022. Federal Trade Commission. Brian Canfield et al. July 7, 2021. Institute for Policy Integrity, NYU School of Law. Internet *Federal Communications Commission Healthcare August 8, 2022. Federal Trade Commission. Banking/Payments Lindsey D. Johnson. July 26, 2023. Consumer Bankers Association. July 11, 2023. Consumer Financial Protection Bureau Newsroom. Offices of Consumer Populations and Markets. May 23, 2023. Consumer Financial Protection Bureau. October 26, 2022. Consumer Financial Protection Bureau Newsroom. September 28, 2022. Consumer Financial Protection Bureau Newsroom. August 16, 2022. Pennsylvania Office of Attorney General. August 16, 2022. U.S. District Court for the Eastern District of Pennsylvania. Joe Valenti. March 30, 2022. * Consumer Financial Protection Bureau Blog. January 26, 2022. Consumer Financial Protection Bureau Newsroom. December 7, 2020. Consumer Financial Protection Bureau Newsroom. December 28, 2018. Pennsylvania Office of Attorney General. Housing July 19, 2023. White House Briefing Room. March 14, 2023. National Consumer Law Center. Jennifer Ludden. January 13, 2023. WBUR. Airlines Reid Bramblett. Frommer's. Suzanne Rowan Kelleher. Mar 7, 2023. Forbes. U.S. Department of Transportation. U.S. Department of Transportation. December 13, 2022. U.S. Department of Transportation. November 2022. Statista. Rosie Spinks. June 1, 2018. Quartz. May 2011. Jones Day. Hotels November 17, 2021. Pennsylvania Office of Attorney General. Christina Jelski. Mar 12, 2021. Travel Weekly. November 28, 2012. The Federal Trade Commission. Ticketing June 20, 2018. U.S. House of Representatives. Anne Bucher. June 13, 2018. Top Class Actions. “Susan Wang and Rene' Lee v. StubHub, Inc. Case” [No. CGC-18-564120]. The Superior Court of the State of California, County of San Francisco. Cars June 23, 2022. Federal Trade Commission. Laws Bills Audio Sources July 26, 2023 Senate Committee on Banking, Housing, and Urban Affairs, Subcommittee on Financial Institutions and Consumer Protection Witnesses: Attorney General, Commonwealth of Pennsylvania Director of Housing Advocacy, Atlanta Legal Aid Society Manager Director, Patomak Global Partners Clips Michelle Henry: In the consumer finance space, we recently filed a multi-state lawsuit against Mariner Finance, a Wall Street private equity-owned installment lender. Our lawsuit alleges that Mariner charged consumers junk fees for hidden add-on products that consumers either did not know about or did not agree to buy. These hidden add-on products, such as credit insurance and auto clubs, are typically low- or no-value products. Consumers left Mariner believing that they had entered into an agreement to borrow and repay over time a certain amount of money. In reality, because of these hidden junk fees, Mariner added hundreds to thousands of dollars to the total amount a consumer owed. The cost of the junk fees is staggering. For a random sample of loans originated in Pennsylvania in December of 2020, Mariner charged each consumer an average of $1,085 in junk fees for an average of $3,394 in cash borrowed. Michelle Henry: We also had a significant junk fee settlement in 2018 with Wells Fargo. This settlement stemmed from Wells charging its auto finance customers millions in junk fees. Despite evidence that many customers already had the required car insurance, Wells improperly charged more than 2 million accounts for force-placed insurance. To resolve the multi-state action, Wells agreed to pay states $575 million. Michelle Henry: In 2021, we announced the landmark junk fee settlement with Marriott International. For many years, travelers had been misled by the published rates offered by hotels for a night stay, only later to be hit with the mandatory resort fees when they were checking in. Thanks to our settlement, Marriott now has a policy in place to be upfront and transparent in the disclosure of mandatory fees, including resort fees, as part of the total price of a hotel stay, allowing consumers to compare total costs for hotels and find the one that is the best fit for them. Marriott was the first hotel chain to formally commit to the upfront disclosure of resort fees as part of the initial advertised price. We hope others will follow. Michelle Henry: In the end, what we are fighting here for is basic fairness and transparency. When consumers are shopping online or in person, they deserve to understand what a loan, a house, or a vacation will cost and exactly what key terms they're agreeing to. At the same time, all businesses deserve to compete on an even playing field, where the price is the price with no hidden surprise fees. Lindsey Siegel: My name is Lindsay Siegel and I'm the Director of Housing Advocacy at Atlanta Legal Aid, which provides free civil legal services to families with low incomes in the metro Atlanta area. Today, I will focus on the rental housing market and how predatory and hidden rental fees gouge families living in poverty and make their rent even more unaffordable than it already is. Miss Dixon is a single mother who found an online listing for an apartment in the fall of 2020. The advertisement said it rented for $1,400 per month. It did not list any other monthly fees she would be required to pay. She applied and paid $525 through the landlord's online portal, which covered her $50 application fee, a $175 moving fee, and a $300 screening fee, all of which were non-refundable. She was not able to see the lease or the apartment she'd be renting, but she knew if she did not pay sight unseen she would lose the apartment. And when her application was approved a few weeks later, the landlord charged her another $200 approval fee. She finally received and signed a copy of her lease just two days before she was slated to move in. It was 50 pages long and contained to eight different addenda. She had expected to pay her rent and for water. She didn't expect to be responsible for a package locker fee, a trash removal fee, a separate valet trash fee, a pest control fee, a technology package fee, an insurance fee, and a credit reporting fee. When the fees added up, $83 had been tacked on to her monthly rent. And to make matters worse, Miss Dixon's landlord did not accept the rent by cash, check, or money order. When she paid through the landlord's online portal she was charged another $72-per-payment convenience fee. The low income renters Atlanta Legal Aid represents have an extreme power imbalance with their landlords. The high demand for rental housing, especially at the more affordable end of the market, makes some landlords believe they can easily get away with unfair and deceptive lease terms and rental practices. The bait and switch Miss Dixon experienced where the landlord advertise the rent as one price only to raise it much higher with junk fees after she had spent hundreds of dollars up front is a far too common practice of many investor landlords in the Atlanta area. Low income renters like Miss Dixon become trapped. She couldn't afford to walk away from a predatory lease two days before she was supposed to move in, even if she realized it would be unaffordable. Of particular concern are the use of high application fees. They often far exceed the cost of running a report, and most renters have to pay them several times before finding a home to rent. We've heard reports that some institutional landlords even collect application fees after they've found a renter for an available home. Brian Johnson: The focus of the President's initiative has been on applying political pressure to companies to induce them to change their fee disclosure practices. In the process, the White House and supporting agencies have dismissed broad categories of fees as junk without ever providing any consistent definition of the term, which has created uncertainty as to which fees can be assessed by institutions without undue reputational or regulatory risk. Brian Johnson: The CFPB has been the most enthusiastic among regulators in heeding the President's call, indiscriminately attacking a growing list of common financial service fees, no matter that they are lawful and fully disclosed. Brian Johnson: The agency has publicly hectored companies about deposit account fees and used the implied threat of investigation to induce such companies to abandon these legal fees. Further, in addressing other fees, the CFPB appears appears to have violated its own regulations and laws governing how agencies proffer rules by disguising interpretive rules as policy statements in bulletins and issuing circulars that function as legislative rules. In another instance, under the guise of interpretation, the CFPB read a word into a statute to achieve its desired policy outcome. In still another, the agency treats the rulemaking process as a foregone conclusion, acting as though a still proposed rule has already taken effect, signaling that the agency has no interest in considering public comments, establishing an adequate evidentiary basis to support its conclusions, or considering potential changes to improve the rule. These examples demonstrate an abuse of power and the agency's disregard for process and the limits placed on it. Moreover, the CFPB's behavior subverts the authority of Congress to oversee the agency and legislate the legality of fees in our financial marketplace. Simply put, it's not playing by the rules. Lindsey Siegel: So I think the federal government does have a role to play. The CFPB could create best practices, investigate junk fees further -- especially those being charged for tenant screening reports -- could bring enforcement actions against debt collectors that engage in collection practices that violate the Fair Debt Collection Practices Act in their collection of rental debt especially includes collection of junk fees. And certainly, you know, HUD could further study and address the disproportionate impact of these practices on renters and rental applicants of color. Lindsey Siegel: Tenants living in Atlanta have a very hard time finding a rental, finding a home, that's not owned by a corporate landlord at this point. They have bought up many properties in the Atlanta area and they always seem to be working in lockstep so that once one institutional landlord is charging a certain kind of fee then another one tends to charge it as well. Just one example of this is the proliferation of landlords charging for insurance fees, and often tenants will think that these are renters insurance because they're often called renter's insurance. But it's not like traditional renter's insurance that protects the renter and their property if it's destroyed. What it does is protect the landlord and doesn't really provide a benefit to tenants at all. And we've seen that proliferate with investor landlords in particular. Sen. Thom Tillis (R-NC): I can't imagine any reasonable member of Congress not saying, "I want the person to know what their financial obligation is when they sign an instrument, not after they read page 10 in the fine print." Sen. Thom Tillis (R-NC): I'm less caught up in whether or not a trash collection fee is appropriate or not, and more caught up in, does that renter know at the point in time they're signing a lease what they're expected to pay every month? Michelle Henry: We often see things bleed over state lines and boundaries, as you are well aware, and so it's important that we work together to enforce these matters. Sen. Raphael Warnock (D-GA): How often do these kinds of cases cross state lines? And would having federal standards against these types of hidden fees make these cases easier to bring? Michelle Henry: Almost always. And I think that's critical. Where we have been most successful is joining with our fellow states, other attorneys general, partnering with them, and including the CFPB. In December of 2020, the CFPB, with all 50 states and the District of Columbia, filed enforcement action against Nationstar mortgage, again for deceptive practices, for not being transparent when they were servicing borrowers mortgages, and as a result of that joint effort we were able to obtain a settlement of $73 million and brought aid to 40,000 borrowers. Michelle Henry: You know, the reality is a lot of times consumers get misled. So they start, they're looking on the internet, they're trying to do due diligence and look for the best price, whether it's for a hotel, a vacation, and they're in there examining it, and they get led to a certain area of a certain website thinking that's the best price. And they go down this rabbit hole where they have no idea at the end of it that the price they thought they were going to pay for a hotel stay with their family is actually far larger because of fees that they weren't prepared, were not properly advised of, and at that point, they're so far in or they never discover it. So no, I don't think they understand exactly what to be aware of. We're trying to do our best to educate but far more work needs to be done, and I applaud this committee for working on it. Sen. Raphael Warnock (D-GA): If more federal agencies had the authority to address these hidden fees, how would that affect your office's capacity? Michelle Henry: It would help tremendously. Sen. Raphael Warnock (D-GA): Thank you so very much. Michelle Henry: If history is any lesson, we know that they can't be trusted to act in the best interest of consumers on their own. Look, they're in the business of making money for their shareholders and we need robust consumer protection rules and enforcement to ensure that. Sen. Thom Tillis (R-NC): So what we're talking about here is not the "what," it's the "how." And I for one do not think that the regulator's who have demonstrated pushing the boundaries of their authority, giving them more authority is a good idea if we're coming up with a real bipartisan sustainable solution. Sen. Thom Tillis (R-NC): The problem we have here too, when we transfer power out of Congress to another branch, yes, that changes every four years or so. So you may be thrilled with a regulatory regimen that comes out from the CFBP today, but because of the way they behaved, it'd be one of the first things I would work to repeal if the administration changed and withdraw it. Sen. Thom Tillis (R-NC): I'd like to submit for the record a letter from the Consumer Bankers Association on the subject. Sen. Thom Tillis (R-NC): Mr. Johnson, can you talk about the effect of the method that the CFPB is using to go after this and the impact that it can have, the negative implications that has? Is the CFPB's tendency to name and shame business institutions to avoid certain practices or adopt new ones effective regulation? They're not really thinking through the full impact and all the potential unintended consequences. Can you think of any example under this current leadership of the CFPB where they have taken that into consideration? Can you speak a little bit about the efforts and the length the CFPB goes in an effort to avoid judicial review and skirt the APA process? June 8, 2023 Senate Committee on Commerce, Science, and Transportation: Subcommittee on Consumer Protection, Product Safety, and Data Security Witnesses: Chief Executive Officer, National Consumers League Bruce Greenwald Professor of Business, Marketing Division, Columbia Business School George Mason University Foundation Professor of Law, Antonin Scalia School of Law, George Mason University Clips 21:35 Sen. John Hickenlooper (D-CO): Simply put, these are fees that are disclosed to a consumer midway through or at the end of a transaction, or they're fees that serve no tangible purpose for a consumer, like a processing fee, and that they are mandatory or unavoidable. 28:00 Sen. Marsha Blackburn (R-TN): The way I look at this issue, and the way many Tennesseans look at it, is this is another way for the FTC, the CFPB, DoT, and all these regulators to clamp down on businesses and try to micro manage businesses. 30:42 Dr. Vicki Morwitz: as a strategy where firms decide to divide a product's price into two or more mandatory parts, a base price for the main product and one or more mandatory surcharges, rather than charging a single all-inclusive price. For example, many hotels have a mandatory fee on top of the daily room rate. These are sometimes called resort fees, or facility fees, or destination fees and can range from $20 to over $50 a night. And many rental car agencies assess several mandatory fees on top of the daily rental rate, such as concession recovery fees, customer facility fees, energy recovery fees, and vehicle licensing fees. 31:20 Dr. Vicki Morwitz: In general, what research on partition pricing has shown is that when firms separate out mandatory surcharges consumers tend to underestimate the total price they'll have to pay and they're often more likely to complete the purchase. 31:50 Dr. Vicki Morwitz: With drip pricing, firms advertise only part of our products' price upfront and reveal other charges later, as shoppers go through the buying process. Drip fees can be mandatory or can be for optional items, but for today's testimony I'll focus on the dripping of mandatory surcharges. Drip pricing is commonly used in industries like the cable TV and the ticketing industries. When a consumer shops for a TV-Internet bundle from a cable television provider, they may first see an attractive base price offer for the bundle, but later learn there are also broadcast TV fees, set top box fees, regional sports fees, and TV connection fees that raise the price considerably. And a consumer shopping for a ticket for a live event, like a concert, a play, or a baseball game, typically first sees the price for different seats in the venue. After selecting a seat, as the consumer clicks through more webpages, they may come to learn there's also a mandatory booking fee, ticketing fee, venue fee, and delivery fee, even when the tickets are delivered electronically. Eventually, they see a total price that may be much higher than the first price they saw and they may be under time pressure to complete the purchase, as there might be a countdown clock that indicates they have to complete their purchase in just a few minutes. Or they may be told there's only two seats left at that price. 33:00 Dr. Vicki Morwitz: What research has shown is that when surcharges are dripped, consumers end up being more likely to buy a product that appears cheaper upfront based only on the base price, but that's more expensive and total given the drip fees. Consumers also tend to buy more expensive products than they otherwise would, such as a seat closer to the stage for a live event. 35:00 Dr. Vicki Morwitz: These policies will benefit consumers if they require that upfront stated prices must be all-inclusive. In other words, all mandatory fees must be included in the total price and that the total price should be seen upfront. This is what academic research suggests will be most beneficial to consumers. 39:20 Dr. Todd Zywicki: Everybody knows bags fly free on Southwest, everybody knows bags don't fly free on the legacy airlines, everybody knows there's going to be a fee for for bags on the other airlines and the like. Maybe there's ways you can disclose it, but nobody's fooled at this point. 42:45 Sally Greenberg: If consumers hate junk fees so much, why do companies large and small increasingly impose them? The answer is, unsurprisingly, because they are a substantial profit center. 43:20 Sally Greenberg: Late payment fees charged by banks and credit cards cost American families an estimated $12 billion annually. These fees, which can be as much as $41 for each Late Fee Payment, far exceed the cost to the issuer for processing and do little to deter future delinquent payments. 43:40 Sally Greenberg: Airlines are also poster children for junk fees. Globally, revenue from junk fees, ancillary fees in airline speak, brought in $102.8 billion in 2022. To put this in perspective, junk fees last year made up 15% of global airline revenues, compared to 6% only 10 years ago. 44:00 Sally Greenberg: Anyone who buys tickets to a concert or sporting event is well acquainted with the myriad fees. They're added at the end of the ticket buying process. We have the example that you showed, Senator Hickenlooper. Primary and secondary market ticketing companies charge service fees, order processing fees, delivery fees and other charges that increased ticket prices on average 27% for the primary market and 31% for the secondary market. 45:05 Sally Greenberg: Junk fees themselves are anti-competitive. They make comparing prices more difficult, distorting well functioning marketplaces. Honest entrepreneurs who invest in their businesses, innovate, and strive to create better value for their customers lose business. Action to address the consumer and competitive harm created by junk fees is urgently needed. 45:30 Sally Greenberg: First, we would urge you to support S. 916. It's the Junk Fee Prevention Act, which would require some of the worst abusers of junk fees to display the full price of services upfront, and they would bar excessive fees and ensure transparency. Second, we ask that Congress restore the FTC's ability to obtain strong financial penalties from wrongdoers. The Supreme Court, in 2021, overturned AMG Capital Management v. FTC, wiping out a critical enforcement tool for the commission. S. 4145, which is the Consumer Protection Remedies Act, would restore that ability to impose monetary relief to the commission. And finally, Congress must not allow businesses that trap consumers with unfair and deceptive fees to escape accountability through fine print in their contracts. To that end, we're proud to support S. 1376, the Forced Arbitration Injustice Repeal Act, which would prohibit pre-dispute arbitration agreements from being enforceable if they require arbitration in employment, consumer, antitrust, or civil rights disputes 44:35 Sally Greenberg: Renters, for example, tend to have lower incomes than those who own their homes. These consumers are also some of the most preyed upon by abusive junk fees. A 2022 survey conducted by Consumer and Housing Advocates found that 89% of landlords imposed some rental application fees[[ clare, 8/7/2023 2:09 PM couldn't find this specific survey]], nearly as many renters paid excessive late fees and they also get hit with utility, administrative, convenience, insurance, and notice fees. 51:30 Sen. Marsha Blackburn (R-TN): I'm not hearing from Tennesseans about junk fees. They're just not talking about. They are talking about real economic harm. And I think for some it's been kind of perplexing that we would focus on this issue. I even had one Tennessean say, "Well, what exactly is a junk fee? And what are the economic harms that come to people for fees for discretionary services?" 53:20 Dr. Todd Zywicki: I can't see any reason why people who pay their credit cards on time should have to subsidize people who pay their credit cards late. The evidence is clear on this from the that if you reduce late fees, more people pay late. The makes clear that if you reduce late fees, everybody ends up paying higher interest rates and, and lower income and higher risk borrowers get less access to credit. So most of what we see in the market is efficient. It prevents cross consumer subsidies and a lot of these things that are labeled as junk fees are actually just efficient multi-part pricing. 1:00:30 Dr. Vicki Morwitz: When a larger firm, or really any firm, uses hidden fees or surcharges, it doesn't only hurt consumers, but it hurts well intentioned, honest competitors like many of our country's small businesses that you're talking about. So when a larger firm makes salient a lower base price and only puts in small print or only reveals at the end of the shopping process that there are additional mandatory fees, their product offerings may appear, at least at first, to be cheaper than those of say a small business, an honest competitor who uses all inclusive prices, whose prices at least at first then, will appear more expensive, even if they're actually cheaper in total when the hidden fees of the large firm are added in. Now, research shows this is going to lead consumers to be more likely to even first consider the products and services of the larger firm who uses hidden surcharges because their products seem cheaper. In other words, their supposed low prices draw consumers in. But then having first consider their products consumers will also be more likely to stick with that firm and ultimately purchase their products, even when they're more expensive in total with the fees. So these hidden fees, they don't only hurt consumers by leading them to make purchases that are against their own self interest, but it also hurts honest competitors who are using transparent pricing practices. 1:04:10 Sen. Amy Klobuchar (D-MN): One area of this high excessive fees is ticketing. We had the hearing earlier this year with the president of Live Nation/ Ticketmaster, and other witnesses and as you are aware, the facts are quite startling. It's being reviewed by the Justice Department, including 90% monopoly on ticketing for major NFL, NHL events, 80% for major arena events, and 70% monopoly when it comes to all ticketing. In addition to that, Ticketmaster now owns a number of venues and also locks in a number of other venues that they don't own with their services for in excess of seven years, which is a subject of a bill that Senator Blumenthal and I have introduced, because this locking in makes for even less competition. And then finally, Live Nation promotes the act. So it's like a three cornered monopoly. 1:12:30 Sally Greenberg: Yes, you may know that you have a baggage fee, but there are many people who are older, who have disabilities, who may have children with them; they cannot be carrying their bags onto the airplane. So they are forced to eat the cost of a $35 fee, something that used to be free before, and has jammed our airplanes full of luggage up top, creating hazards for flight attendants as well. 1:13:55 Sally Greenberg: We certainly support the Good Jobs for Airports Act. I think many consumers had no idea that a lot of these workers were not making minimum wage[[ clare, 8/7/2023 2:08 PM couldn't find a source for this.]], were relying on tips. And many people who use the wheelchairs and the curbside baggage services did not know that people were living on tip wages and many people don't tip, as some of us who've been tipped workers know. Tipping is very up and down and certainly not a reliable source of income. So yes, we very much appreciate that legislation and it's long overdue. 1:21:20 Dr. Todd Zywicki: Junk fees is a meaningless term, but it's worse than meaningless. It's actually pernicious, which is that by sort of using this blanket conclusory label, it obscures the complexity of this, the difference between trip pricing, risk based pricing, multipart pricing, partition pricing, and that sort of thing, and it kind of sweeps into one bucket things that are legitimate, things that are aren't, things that might be partially legitimate. And now it's even got more confusing because if you look at the FTC rule, for example, on auto dealers, they take things like nitrogen filled tires, they charge more money for a claim that's a junk fee. The problem with that is not that it's a separate price for nitrogen filled tires. The problem, if there's a problem, is that nitrogen filled tires are garbage, right? There's nothing there. It doesn't matter whether it's disclosed separately or bundled in the price if it's a worthless product. And so when we talk about junk fees, we can end up confusing ourselves, lumping in things because we want to just apply this label to it, whereas I think it'd be much better to understand risk based pricing. What are things where they're pricing for something that you get no value from? What are the things where they're pricing things simply to extract wealth from consumers and the like? Executive Producer Recommended Sources Music by Editing Production Assistance

In our latest episode of The Consumer Finance Podcast, Chris Willis and his colleagues Stefanie Jackman, Joe Reilly, and Jonathan Floyd discuss the CFPB's advisory opinion related to collection of time-barred debt. The discussion includes a look at the historical events that led up to this opinion, whether or not an FDCPA-covered debt collector can sue to collect a time-barred debt, how this opinion relates to state law analogs, and key takeaways for the industry.

Please join Troutman Pepper Partner Chris Willis and his colleagues Lori Sommerfield, Addison Morgan, and Josh McBeain for the first installment of a special three-part series about the Consumer Financial Protection Bureau's (CFPB) new small business lending data collection and reporting final rule — the Section 1071 rule. Part 1 of this special series provides a general overview of the rule, including:What the rule is designed to do;The definition of a small business for the purpose of this rule;What types of small business lenders are covered;Covered and excluded credit transactions as defined by the rule;The three types of data required to be collected;Anti-discouragement provisions of the rule;Data collection and reporting requirements and what the CFPB intends to do with the collected data;Safe harbor provisions within the rule; andThe differences between the proposed rule and the final rule.Stay tuned for Part 2 of this special series that takes a deeper dive into the rule's data collection requirements and anti-discouragement provisions.CFS Partner Lori Sommerfield brings more than two decades of experience in representing a wide range of banks, financial institutions, and financial services companies in fair lending and responsible banking regulatory compliance. She has extensive experience in helping clients navigate fair lending examinations and supervisory issues, and she has successfully represented clients in high-stakes fair lending regulatory investigations and enforcement actions. Prior to joining the firm, Lori held significant legal positions in federal government, in-house, and private practice settings (including two other nationally known law firms), which she leverages to effectively represent her clients' interests.CFS Associate Addison Morgan represents several of the nation's preeminent financial institutions in litigation arising under the Fair Credit Reporting Act, Telephone Consumer Protection Act, Fair Debt Collection Practices Act, Federal Trade Commission Holder Rule, and other consumer protection state analogs. In addition to his litigation practice, Addison also provides regulatory compliance assistance to a wide array of companies across the financial services industry.CFS Associate Josh McBeain focuses his practice on federal and state consumer and business lending and payments laws, including those applying to credit cards, installment loans, lines of credit, point-of-sale finance, and the development of digital financial service products. Before joining the firm, Josh served as in-house counsel to a major financial institution where he advised on an array of regulatory, legal, and compliance issues. He also worked at the Federal Reserve Bank of Minneapolis for several years, where he examined banks for compliance with consumer and business laws.

Please join Consumer Financial Services Partner Chris Willis in this inaugural crossover episode with Partner Dave Gettings of FCRA Focus in welcoming their guests and fellow Partners Cindy Hanson and David Anthony. Dave, Chris, Cindy, and David unite to discuss the 2022 year in review of the Fair Credit Reporting Act and a look ahead for the next year.Cindy Hanson focuses her practice on class-action defense and has practiced FCRA litigation for over 25 years. She has handled more than a thousand matters under the FCRA and also brings significant experience representing companies defending class actions under consumer protection statues and state common law.David Anthony represents companies in highly regulated industries, including consumer financial services companies. He brings significant experience in class actions and complex individual lawsuits. He has vast litigation experience defending cases under the FCRA, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and numerous other federal and state consumer protection statutes.

Personal ProfileAttorney Derek DePetrillo graduated from Massachusetts School of Law in 2007 and was admitted to practice law in the State of Massachusetts in 2007. Mr. DePetrillo is also licensed in many Federal jurisdictions across the United States.Mr. DePetrillo has been assisting consumers in consumer protection since 2010. Mr. DePetrillo's main area of practice is under the Fair Debt Collection Practices Act, The Telephone Consumer Protection Act, and the Fair Credit Reporting Act. Mr. DePetrillo has filed countless lawsuits and arbitration claims against debt collectors and banks. Mr. DePetrillo fights for the little people who have had their rights violated and need a helping hand to guide them through the stressful times of debt collection.North Andover, MassachusettsEducationMassachusetts School of Law, JD. 2007Salem State College, B.S. 1999Bar & Court Admissions:Admitted in The Commonwealth of MassachusettsAdmitted in all Federal Districts of MassachusettsAdmitted in all Federal Districts of ColoradoAdmitted in the Federal District of Eastern TexasAdmitted in all Federal Districts of ArkansasAdmitted in Federal District of NebraskaAdmitted in Federal District of North DakotaAdmitted in all Federal Districts of WisconsinAdmitted in Southern Federal District of IndianaProfessional Associations & Memberships:Essex County Bar Association(978) 212-3300attorneyderekd@consumerlawfirmcenter.comAbout Jennifer PesickaMy primary goal is to be a one stop shop for planners looking to place a program in San Diego. With three fabulous hotels (Hilton San Diego Bayfront, Hilton La Jolla Torrey Pines, and Doubletree by Hilton San Diego Mission Valley), I am able to offer something for most every groups budget. My territory includes primarily the Midwest and West Coast Association market. I have been in the hospitality industry for over 20 years and representing San Diego for the last 13 years. While I currently work remotely from Los Angeles, I had the pleasure of living in San Diego for 3 years and can't think of a better destination to hold a conference. Whether planners need assistance in finding a hotel, a venue, or information on the destination, I am available, knowledgable and ready to assist!Specialties: Destination Sales & Marketing, Meetings/Convention Market Sales, Incentive Market Sales, Meeting Planning, San Diego, Destination Selling, Hotel sales, Client Appreciation Events, San Diego destination knowledge, Networking, Business Development, Sales, Incentive Travel, Tradeshows, Conference planning, Prospecting, Meeting planning expertise ***Please note all opinions expressed on The Three Guys Podcast do not represent any Group, Company or Organization***Episode Produced by The Three Guys ProductionsThe Three Guys Podcast:Instagram:  The Three Guys Podcast (@the_three_guys_podcast_) • Instagram photos and videosTwitter:  The Three Guys Podcast (@TheThreeGuysPo1) / TwitterYouTube:   Three Guys Podcast - YouTubeLinkedIn the-three-guys-podcastDerek:  Derek DePetrillo (@derekd0518) • Instagram photos and videosBrian:  Brian Nazarian (@the_real_brian_nazarian) • Instagram photos and videosBrett:  Brett J. DePetrillo (@78brettzky)

Personal ProfileAttorney Derek DePetrillo graduated from Massachusetts School of Law in 2007 and was admitted to practice law in the State of Massachusetts in 2007. Mr. DePetrillo is also licensed in many Federal jurisdictions across the United States.Mr. DePetrillo has been assisting consumers in consumer protection since 2010. Mr. DePetrillo's main area of practice is under the Fair Debt Collection Practices Act, The Telephone Consumer Protection Act, and the Fair Credit Reporting Act. Mr. DePetrillo has filed countless lawsuits and arbitration claims against debt collectors and banks. Mr. DePetrillo fights for the little people who have had their rights violated and need a helping hand to guide them through the stressful times of debt collection.North Andover, MassachusettsEducationMassachusetts School of Law, JD. 2007Salem State College, B.S. 1999Bar & Court Admissions:Admitted in The Commonwealth of MassachusettsAdmitted in all Federal Districts of MassachusettsAdmitted in all Federal Districts of ColoradoAdmitted in the Federal District of Eastern TexasAdmitted in all Federal Districts of ArkansasAdmitted in Federal District of NebraskaAdmitted in Federal District of North DakotaAdmitted in all Federal Districts of WisconsinAdmitted in Southern Federal District of IndianaProfessional Associations & Memberships:Essex County Bar Association(978) 212-3300attorneyderekd@consumerlawfirmcenter.comAbout Jennifer PesickaMy primary goal is to be a one stop shop for planners looking to place a program in San Diego. With three fabulous hotels (Hilton San Diego Bayfront, Hilton La Jolla Torrey Pines, and Doubletree by Hilton San Diego Mission Valley), I am able to offer something for most every groups budget. My territory includes primarily the Midwest and West Coast Association market. I have been in the hospitality industry for over 20 years and representing San Diego for the last 13 years. While I currently work remotely from Los Angeles, I had the pleasure of living in San Diego for 3 years and can't think of a better destination to hold a conference. Whether planners need assistance in finding a hotel, a venue, or information on the destination, I am available, knowledgable and ready to assist!Specialties: Destination Sales & Marketing, Meetings/Convention Market Sales, Incentive Market Sales, Meeting Planning, San Diego, Destination Selling, Hotel sales, Client Appreciation Events, San Diego destination knowledge, Networking, Business Development, Sales, Incentive Travel, Tradeshows, Conference planning, Prospecting, Meeting planning expertise ***Please note all opinions expressed on The Three Guys Podcast do not represent any Group, Company or Organization***Episode Produced by The Three Guys ProductionsThe Three Guys Podcast:Instagram:  The Three Guys Podcast (@the_three_guys_podcast_) • Instagram photos and videosTwitter:  The Three Guys Podcast (@TheThreeGuysPo1) / TwitterYouTube:   Three Guys Podcast - YouTubeLinkedIn the-three-guys-podcastDerek:  Derek DePetrillo (@derekd0518) • Instagram photos and videosBrian:  Brian Nazarian (@the_real_brian_nazarian) • Instagram photos and videosBrett:  Brett J. DePetrillo (@78brettzky)

Please join Consumer Financial Services Partner Kim Phan and her guests and colleagues Alan Wingfield and David Anthony in the second episode of a special four-part series on recent developments with the Consumer Financial Protection Bureau (CFPB). In this episode, topics include the CFPB's position on preemption issues, Fair Credit Reporting Act (FCRA) state law infringement, and the CFPB's general position on state interactions and enforcement.Consumer Financial Services Partner Alan Wingfield helps consumer-facing clients navigate compliance, litigation, and regulatory risks posed by the complex web of state and federal consumer protection laws, including the FCRA and state-law analogs. He is a trusted advisor and tireless advocate, helping clients develop practical compliance and dispute-resolution strategies.David Anthony has a national litigation practice, representing companies in highly regulated industries, including consumer financial services companies. He brings significant experience in class actions and complex individual lawsuits. He has vast litigation experience defending cases under the FCRA, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and numerous other federal and state consumer protection statutes, with particular expertise in matters involving companion government investigations.As a partner in the firm's Privacy + Cyber Practice Group, Kim Phan counsels financial institutions in complying with federal and state privacy and data security statutes and regulations, including the FCRA. She also provides guidance to clients on regulatory compliance matters, including navigating supervisory and enforcement interactions with the CFPB, the Federal Trade Commission, and state attorneys general and departments of consumer protection.

Marc Dann, a founding partner of Advocate Attorneys and a contributing writer for Working Class Perspectives, joined the America's Work Force Union Podcast and discussed why Democrats need to improve consumer protection laws and end binding arbitration to help working class families. He also talked about the Fair Debt Collection Practices Act that protects unfair debt collection practices.     United Steelworkers (USW) District 9 Staff Representative Alex Perkins appeared on the AWF Union Podcast and talked about the fight to unionize Kumho Tire and how workers are still negotiating their first contract two years later. He also spoke about Kumho Tire workers' struggle to get Personal Protection Equipment during Covid.    

Iggy sits down to speak with Ray Bueno about credit - they touch on topics related to personal and business credit. We learn about the benefits of business credit cards and how your personal credit score might be affected from your business' credit performance. About Ray Bueno In 2016, shortly after his time in the Marine Corps, Ray Bueno was taken advantage of by phony debt collectors. After paying more than $3,850 to the phony debt collectors, who falsely promised that his credit would improve after the debt was resolved, Ray did more research on debt collection and found out that this company was in violation of the Fair Debt Collection Practices Act. Because the company was not legitimate, he filed a lawsuit with the help of Daniel Tam, from Tam Law Group, and was fortunate enough to win his money back. He realized that this has probably happened, or could happen to others as well. Ray decided to make a video about his experience on his YouTube channel, Keeping it Real with Credit, titled "Never Ever Pay Collections'' and shared his thoughts on how consumers should be more cautious when communicating with debt collectors. He has created educational videos, including information on how collection agencies operate, how to dispute, the rights you have as a consumer, and the laws that protect you so that people can be equipped with the knowledge of how they should handle their debts and their credit. Stay Connected YouTube E-Com to Everyone Instagram @ecom.industry Facebook @ecomindustryllc TikTok @ecomindustry --- Send in a voice message: https://anchor.fm/ecom-industry/message

Personal ProfileAttorney Derek DePetrillo graduated from Massachusetts School of Law in 2007 and was admitted to practice law in the State of Massachusetts in 2007. Mr. DePetrillo is also licensed in many Federal jurisdictions across the United States.Mr. DePetrillo has been assisting consumers in consumer protection since 2010. Mr. DePetrillo's main area of practice is under the Fair Debt Collection Practices Act, The Telephone Consumer Protection Act, and the Fair Credit Reporting Act. Mr. DePetrillo has filed countless lawsuits and arbitration claims against debt collectors and banks. Mr. DePetrillo fights for the little people who have had their rights violated and need a helping hand to guide them through the stressful times of debt collection.North Andover, MassachusettsEducationMassachusetts School of Law, JD. 2007Salem State College, B.S. 1999Bar & Court Admissions:Admitted in The Commonwealth of MassachusettsAdmitted in all Federal Districts of MassachusettsAdmitted in all Federal Districts of ColoradoAdmitted in the Federal District of Eastern TexasAdmitted in all Federal Districts of ArkansasAdmitted in Federal District of NebraskaAdmitted in Federal District of North DakotaAdmitted in all Federal Districts of WisconsinAdmitted in Southern Federal District of IndianaProfessional Associations & Memberships:Essex County Bar Association(978) 212-3300attorneyderekd@consumerlawfirmcenter.comAbout Jennifer PesickaMy primary goal is to be a one stop shop for planners looking to place a program in San Diego. With three fabulous hotels (Hilton San Diego Bayfront, Hilton La Jolla Torrey Pines, and Doubletree by Hilton San Diego Mission Valley), I am able to offer something for most every groups budget. My territory includes primarily the Midwest and West Coast Association market. I have been in the hospitality industry for over 20 years and representing San Diego for the last 13 years. While I currently work remotely from Los Angeles, I had the pleasure of living in San Diego for 3 years and can't think of a better destination to hold a conference. Whether planners need assistance in finding a hotel, a venue, or information on the destination, I am available, knowledgable and ready to assist!Specialties: Destination Sales & Marketing, Meetings/Convention Market Sales, Incentive Market Sales, Meeting Planning, San Diego, Destination Selling, Hotel sales, Client Appreciation Events, San Diego destination knowledge, Networking, Business Development, Sales, Incentive Travel, Tradeshows, Conference planning, Prospecting, Meeting planning expertiseThe Three Guys PodcastInstagram:  The Three Guys Podcast (@the_three_guys_podcast_) • Instagram photos and videosTwitter:  The Three Guys Podcast (@TheThreeGuysPo1) / TwitterYouTube:   Three Guys Podcast - YouTubeDerek:  Derek DePetrillo (@derekd0518) • Instagram photos and videosBrian:  Brian Nazarian (@the_real_brian_nazarian) • Instagram photos and videosBrett:  Brett J. DePetrillo (@78brettzky) 

We're driving down the highway of been there, done that and we just passed a sign that says warning construction ahead. Fortune favors the brave, but overcoming fear, and taking risks that will reinvent the future, begins with a different way of thinking. In this episode we're going to explore some of the challenges and opportunities the past few years have brought about from various perspectives, and explore possible disruptive solutions, and an important shift in mindset for  ARM companies of the future,  with industry veteran and thought leader Rozanne Anderson of Finvi formerly Ontario Systems.Takeaways includeThe brand conflict of empathy and the 3rd party debt collectorThe shifting role of the debt collector of the futureRemaining challenges with Reg F and possible next stepsOvercoming the consent obstacleChanging our legacy mindsetGuest:s:  Rozanne AndersenRozanne Andersen serves as Vice President and Chief Compliance Officer at Finvi, a widely recognized leading software provider to the collections, healthcare, debt buyer and Federal, state, and local government markets. She leads the organization's regulatory compliance efforts to ensure compliance solutions are embedded in its software, contact management, payment processing, and cloud solutions.A licensed attorney and a 30+ year veteran and advocate of the banking, credit, and collection industry, Andersen previously served as former general counsel, director of government affairs, and CEO of ACA International. During her career, she has driven critical amendments to the Fair Debt Collection Practices Act, the Health Insurance Portability Act, and numerous statewide consumer protection laws, and has also served as an expert witness for the Federal Trade Commission and private parties.Andersen earned her J.D. from the William Mitchell College of Law and holds Chief Compliance Officer certifications from both ACA International and RMAI International. In 2020, Andersen received an international Compliance Officer of the Year award from Women in Compliance.

Patrick Newman, Shareholder at Bassford Remele, shares her experience as a commercial litigation attorney who defends members of the financial services industry. About Patrick Mr. Newman is a commercial litigator who defends members of the financial services industry. He regularly represents credit and collection professionals against consumer-protection lawsuits, including class actions. Mr. Newman uses practical, creative experience to help clients from across the United States prevent and navigate disputes in federal and state trial court, as well as bankruptcy courts and appellate tribunals. He has extensive experience working closely with in-house counsel and financial services providers defending against Fair Debt Collection Practices Act, Fair Credit Reporting Act, Telephone Consumer Protection Act, and other consumer-protection claims. He also counsels clients on developing compliance protocols and how to navigate regulatory enforcement actions. Mr. Newman recently secured a published federal appellate decision in favor of a collection law firm. He also successfully represented several creditors in a fast-paced Chapter 11 filed by a high-profile sporting retailer. Mr. Newman serves as Co-Chair of Bassford Remele's Recruiting Committee. Linkedin: https://www.linkedin.com/in/patrick-newman-ab085534/ Basaford Remele: https://www.bassford.com/ Learn more about EmotionTrac and our AI-driven Emotional Intelligence Platform: https://emotiontrac.com/calendly/ https://legal.emotiontrac.com/

Patrick Newman, Shareholder at Bassford Remele, shares her experience as a commercial litigation attorney who defends members of the financial services industry. About Patrick Mr. Newman is a commercial litigator who defends members of the financial services industry. He regularly represents credit and collection professionals against consumer-protection lawsuits, including class actions. Mr. Newman uses practical, creative experience to help clients from across the United States prevent and navigate disputes in federal and state trial court, as well as bankruptcy courts and appellate tribunals. He has extensive experience working closely with in-house counsel and financial services providers defending against Fair Debt Collection Practices Act, Fair Credit Reporting Act, Telephone Consumer Protection Act, and other consumer-protection claims. He also counsels clients on developing compliance protocols and how to navigate regulatory enforcement actions. Mr. Newman recently secured a published federal appellate decision in favor of a collection law firm. He also successfully represented several creditors in a fast-paced Chapter 11 filed by a high-profile sporting retailer. Mr. Newman serves as Co-Chair of Bassford Remele's Recruiting Committee. Linkedin: https://www.linkedin.com/in/patrick-newman-ab085534/ Basaford Remele: https://www.bassford.com/ Learn more about EmotionTrac and our AI-driven Emotional Intelligence Platform: https://emotiontrac.com/calendly/ https://legal.emotiontrac.com/

Welcome to the LI Law Podcast.  We feature legal issues and developments which affect Long Island residents and business owners.  I am your host, Zehava Schechter. Our guest on this 60th episode is Abraham Kleinman, Esq., whose office is in Uniondale, New York. Abraham's practice is concentrated in developing appropriate strategies for consumers who are overwhelmed by debt and are either being contacted by debt collection agencies or debt collection attorneys OR face negative and derogatory entries on their consumer credit reports and/or medical credit reports (MIB).  His practice also helps consumers who have claims pursuant to the Truth in Lending Act, including the Fair Debt Collection Practices Act, The Fair Credit Reporting Act, The Fair Credit Billing Act, the Consumer Leasing Act and the New York State General Business Law §349 and §350 concerning Unfair Practices and Advertising. Our topics of discussion: How a consumer should respond to a creditor's demand letter or telephone call; What a consumer can do if harassed by a creditor; NYS and federal laws providing protection to consumers…and Much More… Abraham Kleinman's Contact Information: 626 RXR Plaza Uniondale, NY 11556-0626 Telephone: (877) 522-2621 (516) 522-2621 Website: https://www.kleinmanllc.com/ Abraham, welcome to the podcast! Please contact us with your general questions or comments at LILawPodcast@gmail.com.  Zehava Schechter, Esq. concentrates her practice in estate planning, administration and litigation; real estate law; and contracts and business law. Her law practice is located on Long Island and covers New York City and Westchester County. No podcast is a substitute for competent legal advice.  Please consult with the attorney of your choice concerning specific legal questions you may have.

When debtors and creditors blow up your phone to get you to pay off debt that you owe a debt collector or an original creditor, you need a plan. Better money habits and personal finance tips for financial independence will be useful later, but now you need to know creditor tricks to get the calls to stop (and protect your credit score)! So let's explore the dos and don'ts for dealing with creditors to get better interest rate, pay off deals and more.   Looking for help with in fixing your money you can pay back these creditors and get them off your phone? Let's work on it together… for FREE: https://www.tianabclewis.com/breakthrough   Check out the details of the Fair Debt Collection Practices Act: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

When it was written, the Fair Debt Collection Practices Act laid out a number of things that collectors are not allowed to do. In order to maintain consistency, and because there are still collectors today doing those things they are not allowed to do, the CFPB kept many of the original provisions from the FDCPA in its debt collection rule. That includes ensuring that collectors do not use false, deceptive, or misleading representations when attempting to collect on debts. In this episode, John Bedard walks through all of the things that collectors need to learn to make sure they do not run afoul of the law in this important area.

While largely unchanged from what is included in the Fair Debt Collection Practices Act, how collectors can use location information calls to try and locate individuals with unpaid debts as detailed by the Consumer Financial Protection Bureau in its debt collection rule does have some subtle changes from the statute, and collectors would do well to note those changes while also using the opportunity to refresh their knowledge of what is required during these conversations.

When it released its debt collection rule, the Consumer Financial Protection Bureau did not make a lot of changes to how the Fair Debt Collection Practices Act restricts the use of harassing, oppressive, and abusive behavior, but it did make some subtle changes, and they are changes that collectors need to be aware of. In the latest episode of, “You Wanted a Rule, You Got a Rule,” John Bedard of Bedard Law Group finishes off Section 1006.14 of the debt collection rule, walking through some of the new wrinkles that are different from what was originally included in the FDCPA.

When it released its debt collection rule, the Consumer Financial Protection Bureau included a safe harbor protecting collectors from third-party disclosure violations under the Fair Debt Collection Practices Act when sending emails. In this episode, John Bedard of the Bedard Law Group breaks down the steps that collectors need to take in order to be able to invoke the Bona Fide Error defense. 

In today's episode, attorneys Garret Kirkpatrick, Ron Jones, and John Sperati explore what creditors need to know in order to remain fully compliant with the Uniform Commercial Code when sending pre-and post-sale deficiency notices to debtors in North Carolina and South Carolina. Garret Kirkpatrick is a member of the firm's Consumer Financial Services Litigation and Compliance group. In his role, Garret focuses on assisting clients with pre-suit negotiations, litigation, and advocacy in matters involving consumer financial services litigation and compliance, bankruptcy, and commercial litigation.Ron Jones is a partner at Smith Debnam and a certified specialist in bankruptcy and debtor-creditor law by the South Carolina Supreme Court. Ron concentrates his practice in the areas of commercial law and bankruptcy, including all areas of creditors' rights, such as the Uniform Commercial Code, Consumer Protection Code, the Fair Debt Collection Practices Act, Claim and Delivery, Replevin, Foreclosure Law, Real Estate and Bankruptcy. Ron represents both secured and unsecured creditors, lenders, lessors, investors, asset purchasers, creditors' committees, and occasionally, debtors.John Sperati is a partner and member of Smith Debnam's Creditors' Rights Practice group. He concentrates his practice in commercial creditor bankruptcy, foreclosure and real estate litigation, structured settlement transfer, judgment domestication and enforcement, construction litigation, commercial litigation, equipment leasing and finance, and creditors' rights. 

Today's HousingWire Daily episode features an interview with Shayna Arrington, the Chief Compliance Officer at The Money Source. Arrington sat down with HousingWire assistant editor Jordan White to discuss the current risk and compliance issues facing servicers.Additionally, the pair examine some of the CFPB's changes to Regulation X and discuss the new Fair Debt Collection Practices Act rules that are going into effect in November. 

In this episode, attorneys Jerry Myers and Caren Enloe discuss the Bona Fide Error Defense under the Fair Debt Collection Practices Act, including what a Bona Fide Error Defense is and how a collector may use it to their advantage. We also outline some of its disadvantages as well.Caren Enloe leads Smith Debnam's Consumer Financial Services Litigation and Compliance group. In her practice, she defends consumer financial service providers and members of the collection industry in state and federal court, as well as in regulatory matters involving a variety of consumer protection laws.  Caren also advises fintech companies, law firms, and collection agencies regarding an array of consumer finance issues. An active writer and speaker, Caren currently serves as chair of the Debt Collection Practices and Bankruptcy subcommittee for the American Bar Association's Consumer Financial Services Committee. She is also a member of the Defense Bar for the National Creditors Bar Association, the North Carolina State Chair for ACA International's Member Attorney Program, and a member of the Bank Counsel Committee of the North Carolina Bankers Association. Most recently, she was elected to the Governing Committee for the Conference on Consumer Finance Law. In 2018, Caren was named one of the “20 Most Powerful Women in Collections” by Collection Advisor, a national trade publication. Caren oversees a blog titled: Consumer Financial Services Litigation and Compliance dedicated to consumer financial services and has been published in a number of publications including the Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report and Carolina Banker.  Jerry Myers is Smith Debnam's Managing Partner. He concentrates his practice in the area of creditors' rights, with an emphasis on debt collection, judgment enforcement, and commercial litigation. Jerry served as President of the Commercial Law League of America, an organization of creditors' rights professionals, and is certified in the field of Creditors' Rights Law by the American Board of Certifications. Jerry is an active member of the National Creditors Bar Association, presenting CLE programs and serving on committees. Jerry was also instrumental in forming the North Carolina Creditors' Bar Association, a specialty bar whose members are committed to advocating for the rights of lenders and others in the credit and collections industry.Jerry's practice includes litigation, regulatory compliance, and licensing matters, and general business representation. He has practiced in the creditors' rights field for more than 30 years and has written and lectured extensively on debt collection and judgment enforcement. Jerry has presented CLE programs sponsored by institutions including Wake Forest University School of Law, the North Carolina Bar Foundation, the Commercial Law League of America, and the National Creditors Bar Association.

In this episode, Smith Debnam attorneys Ron Jones and Landon Van Winkle discuss the § 363 asset sale process used in bankruptcy cases, the use of stalking horse bidders in asset sales, and the protections afforded to a winning bidder under § 363(m).Ron Jones is a partner at Smith Debnam and a certified specialist in bankruptcy and debtor-creditor law by the South Carolina Supreme Court. Ron concentrates his practice in the areas of commercial law and bankruptcy, including all areas of creditors' rights, such as the Uniform Commercial Code, Consumer Protection Code, the Fair Debt Collection Practices Act, Claim and Delivery, Replevin, Foreclosure Law, Real Estate and Bankruptcy. Ron represents both secured and unsecured creditors, lenders, lessors, investors, asset purchasers, creditors' committees, and occasionally, debtors.Landon Van Winkle is an associate within the firm's Consumer Financial Services Compliance & Litigation practice group where he assists clients with pre-suit negotiations and litigation in matters involving consumer financial services litigation and compliance and bankruptcy. His areas of practice are Consumer Financial Services Litigation & Compliance, Commercial Creditor Bankruptcy, and Commercial Litigation.

There is a lot of information out there on laws regarding credit that you can use to protect yourself. Such things as the Fair Credit Reporting Act (FCRA) or the Fair Debt Collection Practices Act, known as an FDCPA. FDCPA has to do with you, the consumer, and the creditors, while the FCRA is between the consumers and the credit bureaus. Would it surprise you to know that only about 1% of the country knows about and uses this information? Our guests on today’s episode are credit experts Robert Childs and John Roberts. Robert founded a credit repair company in 1990 and by 2012 he grew his business from just two employees to over 560 employees. In January 2012, Robert sold his company to a large bank for a seven-digit figure. Robert’s credit repair company processed over 5,000 new clients per month with revenues that reached 65 million dollars in annual sales. John has worked in the credit restoration industry since 2015 and has helped thousands of consumers with credit issues along the way. He has demonstrated excellence in the credit industry as Director of Business Development and he has also served as Chief Operations Officer for companies and both the credit restoration and debt settlement industries. Together, we have the cofounders of The Debt and Credit Guys. Stay tuned for some very insightful bits of advice from two experts in the credit arena, the do’s and the don’t’s of improving your credit score, dealing with collection agencies, and so much more!Key Points From This Episode:Robert and John share more about where they come from and what they are doing now.What is a FICO score: A three-digit negative or credit score.The difference between a FICO score and a VantageScore.Why a FICO score is important.Ways to improve your FICO score: Four ways to boost your credit quickly.How closing a credit card can damage your credit score.Other ways to add negative items on your credit score that impact your credit.How to legally remove negative items from your credit report.How to deal with collection agencies: FDCPA and how to respond.Three important things to ask if you are being called about debt.The best and worst times to settle a collection amount.Other ways to improve your credit scores.One tool they use in real estate investing that they could not do without: Credit!The importance of doing research in the real estate business.Links Mentioned in Today’s Episode:Robert Childs on LinkedInThe Debt and Credit GuysJohn Roberts Telephone — 949-371-8899The Debt and Credit Guys PodcastThe Debt and Credit Guys on TwitterATP Capital GroupBullpen

Welcome to Credit Union Overtime Podcast. Produced and presented by the Credit Union Webinar Network, Powered by FinEd. Join Elizabeth Fast, JD & CPA and FinEd President and CEO Larry Williams for an informative talk about the recent changes related to the Fair Debt Collections Practices Act. Want to learn more about the FDCPA changes? An on-demand version of Elizabeth's webinar is available to view now. And keep an eye out for FDCPA Changes Round 2: 12/18/2020 Final Rule on Fair Debt Collection Practices Act; Live Webinar coming on March 1st. Major Changes to Fair Debt Collection Practices Act -- On-Demand: https://cuwebtraining.com/webinar/major-changes-to-fair-debt-collection-practices-act FDCPA Changes Round 2: 12/18/2020 Final Rule on Fair Debt Collection Practices Act: https://cuwebtraining.com/webinar/fdcpa-changes-round-2-12182020-final-rule-on-fair-debt-collection-practices-act Find us on LinkedIn: https://www.linkedin.com/company/cuwn Give us a like on Facebook: https://www.facebook.com/cuwebinars Follow us on Twitter: https://twitter.com/cuwebinars

Consumer Defense FAQ: This article explains the Fair Debt Collection Practices Act and tackles some of the frequently asked questions our Consumer Defense attorneys receive about the laws that shield you from debt collectors, protect the integrity of your credit report, and punish those that violate those laws. Three main statutes that create this Consumer Defense area of law are the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and the Fair Credit Reporting Act. Read more in the article at: www.oflaherty-law.com/learn-about-law/consumer-defense-faq-fair-debt-collection-practices-act-explained Enjoy Legal Consultations from the comfort of your home. With our attorneys able to do consultations over the phone or through a videoconferencing communications system like Zoom, our attorneys at #OFlahertyLaw are able to do free or paid consultations that fit into your schedule without the fear of not being able to socially distance yourself from others. For more information about our Social Distancing Practices, #LearnAboutLaw Articles, or the court updates due to COVID 19, please click here https://www.oflaherty-law.com/notice-on-the-coronavirus-oflaherty-law We know you may have more questions regarding the topic or topics that we just discussed. Just Leave a comment on this #LearnAboutLaw Video and the staff at #OFlahertyLaw will respond with the best way to contact us for further inquiries. If you would like to make an appointment with one of our Illinois, Iowa, or Indiana Attorneys after watching a #LearnAboutLaw Video, please call our scheduling team at #OFlahertyLaw so they can set one up for you. They can be reached at (630) 324-6666. If you are not able to call, you can go to our website at www.oflaherty-law.com to speak to one of our customer service representatives there. #OFlahertyLaw now serves over 105 counties in Illinois, Iowa, and Indiana with convenient offices in scattered throughout. To see all of our office locations, you can go to our website at https://www.oflaherty-law.com. Our Attorney's main focus has always been providing quality legal work, white glove customer service, and affordable rates in all of the areas that we practice. While our focus has always been Family Law, Probate, and Estate planning, we do have extremely seasoned and capable attorneys who practice in Guardianship Matters, Criminal Matters, Litigation, Business and Contract Law, Real Estate, Immigration, Bankruptcy (7 and 13), and Debt Resolutions. If you are looking to hire an attorney after watching a #LearnAboutLaw video, please give our scheduling office a call so that our intake team can schedule you a time to speak with an attorney. Our office number is (630) 324-6666. None of the content in this series is intended as paid legal advice. Subscribe to our channel for daily videos dedicated to law and business. https://www.youtube.com/channel/UCY4QhGg-zwgUIthoK3EdyjA

Our consumer rights practice consists of various federal laws to help people with financial issues. For example, the Fair Debt Collection Practices Act, the Electronic Fund Transfer Act, and the Fair Credit Reporting Act. Those three federal statutes protect consumers and under those statutes, there's what's called a fee shift provision. What that means is our fees are shifted to the other side so our clients don't pay our fees and costs. Under those federal statutes, our clients are entitled to money damages and our fees and costs are paid by the defendant, and therefore our clients never have to pay us for our time.

This week’s episode of ACA Cast features a compliance overview of two cases resulting from consumer claims on medical debt collection.First, Compliance Analysts Andrew Pavlik and Laura Dadd dive into Rhone v. Medical Business Bureau LLC, which resulted in a significant win for the accounts receivable management industry when the 7th Circuit Court of Appeals threw out a lower court’s decision and ruled that the Fair Debt Collection Practices Act does not require multiple debts owed to the same creditor to be aggregated when reported to a consumer reporting agency.In the second case, Alleman v. Collection Professionals, Inc., a consumer claimed a “service fee” of $3 that was added to a medical debt by the debt collector’s online payment processing company violated the FDCPA.Support the show (http://www.acainternational.org)

The FDCPA has been around since 1977. The FDCPA is a federal law that applies to every state. In other words, everyone is protected by the FDCPA. The FDCPA is essentially a laundry list of what debt collects can and cannot do while collecting a debt, as well as things debt collectors must do while collecting a debt. Learn more about Fair Debt Collection Practices Act from attorney and owner of Agruss Law Firm, Michael Agruss.

During the latest episode of ACA Cast, ACA International's Vice President and Senior Counsel, Federal Advocacy, Leah Dempsey, Federal Advocacy Manager Patrick Russell and Lauren Valenzuela, compliance counsel at Performant Recovery Inc., discuss the CFPB’s proposed FDCPA rule and areas that should be improved upon so as not to create arbitrary barriers to moving forward with the use of newer technologies such as email.Support the show (http://www.acainternational.org)

Industry veteran Harry Strausser makes a fairly profound statement, that is, “ethical, compliant companies are more productive!” He continues, noting companies that apply proven compliance standards spend their time focusing on running successful businesses rather than working to get out of trouble.Strausser, ACA International’s director of education and membership development, discusses compliance training and company culture with Justin Muscolino, GRC Solutions’ head of compliance and training operations in North America, during a new episode of ACA Cast titled, “Compliance Equals Success.” The two financial services experts share interesting information and insights into developing training strategies that engage and educate staff members. Support the show (http://www.acainternational.org)

The text of the Fair Debt Collection Practices Act and a breakdown of its compliance requirements are at your fingertips in the comprehensive, revised guide from ACA International.ACA’s compliance team, including Corporate Counsel Kari Barber and Compliance Analysts Laura Dadd and Andrew Pavlik, discussed the new guide in a recent episode of ACA Cast. You can also learn more about the guide from staff in the Expo Hall at the upcoming 2019 Fall Forum & Expo, Nov. 6-8 in Chicago.Support the show (http://www.acainternational.org)

The most basic information related to the accounts receivable management industry is easy and obvious to professionals on the inside, but what about everyone else? To tackle this educational and information sharing challenge, ACA International asked Jessica Hearn, the chief financial officer and compliance director with Universal Fidelity in Katy, Texas, to discuss some of the key facts consumers should understand when they connect with a debt collection professional.ACA International encourages members and others to consider posting the latest episode of ACA Cast titled, “Why is a Debt Collector Calling Me?” on their websites and social media accounts. In the five-minute podcast Hearn provides succinct answers to questions like— “what is a debt collector?” and “why is he/she calling me?”Support the show (http://www.acainternational.org)

ACA International’s Minneapolis-based compliance department is the backbone of the association and will become increasing important next year when the Consumer Financial Protection Bureau’s final rule updating the Fair Debt Collection Practices Act is released.The third episode of “ACA Cast: Getting to Know the ACA Compliance Department,” features Compliance Analyst Laura Dadd, who is interviewed by ACA attorney member Shaun Ertischek, associate general counsel for TRAKAmerica in Bonita Springs, Fla. Support the show (http://www.acainternational.org)

QUESTION PRESENTED: Whether the "discovery rule" applies to toll the one (1) year statute of limitations under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq., as the Fourth and Ninth Circuits have held but the Third Circuit (sua sponte en banc) has held contrarily. Argument Transcript: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-328_l6gn.pdf --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app Support this podcast: https://anchor.fm/scotus/support

ACA International’s Minneapolis-based compliance department is the backbone of the association and will become increasing important next year when the Consumer Financial Protection Bureau’s final rule updating the Fair Debt Collection Practices Act is released.The second episode of “ACA Cast: Getting to Know the ACA Compliance Department,” features Compliance Analyst Andrew Pavlik, who is interviewed by industry expert Monica Littman, associate at Fineman Krekstein & Harris P.C. in Philadelphia.Support the show (http://www.acainternational.org)

A case in which the Court held that the one-year statute of limitations under the Fair Debt Collection Practices Act begins when the violation occurred, not when the violation was discovered.

A case in which the Court held that the one-year statute of limitations under the Fair Debt Collection Practices Act begins when the violation occurred, not when the violation was discovered.

A case in which the Court held that the one-year statute of limitations under the Fair Debt Collection Practices Act begins when the violation occurred, not when the violation was discovered.

ACA International’s Minneapolis-based compliance department is the backbone of the association and will become increasing important next year when the Consumer Financial Protection Bureau’s final rule updating the Fair Debt Collection Practices Act is released. Headed by Corporate Counsel Kari Barber, this team of industry veterans will help you understand nuances of the CFPB’s final rule or other state and federal regulatory policy issues so that you can avoid spending your time interpreting dense, confusing language.The first episode of “ACA Cast: Getting to Know the ACA Compliance Department,” features Barber, who is interviewed by well-known industry leader Wendy Badger, chief compliance officer, vice president, and corporate compliance at ECMC, in Minneapolis.Support the show (http://www.acainternational.org)

While the Consumer Financial Protection Bureau mulls industry feedback on its proposed amendments to the Fair Debt Collection Practices Act, lenders should be proactive in their compliance strategies to prepare for the bureau's final ruling. In this episode of The Roadmap, Veros Credit's Chief Legal Officer Robert Tennant chats with Auto Finance Excellence to discuss what the impact on lenders will be if the new debt collection rules are implemented in their current form and how lenders will have to adapt in order to work with debt collection firms. Featuring Robert Tennant, Chief Legal Officer, Veros Credit

The CFPB's proposed debt collection rules envision a much-needed update and modernization to many provisions in the Fair Debt Collection Practices Act.  However, the CFPB's proposed rules include a limit of the number of debt collection calls that may be made per week without regard to the REJECTION of call frequency limits by Congress.  Because our Congress considered and dismissed call frequency limits for debt collectors, the CFPB cannot implement such limits through rulemaking. In this episode of the Debt Collection Drill podcast, attorneys Mike Poncin and John Rossman re-enact (from official Congressional transcripts) portions of the April 4, 1977 debates in the United States House of Representatives regarding the FDCPA and specifically a then-proposed weekly limit on debt collection calls.  Members of Congress raised specific and detailed objections on the record about the Constitutionality of the call frequency limit proposal at that time and also concerns about false claims. 

In this weeks episode, Harry Jacobs discusses the Fair Debt Collection Practices Act and some common debt collector abuse.  

Historically, West Virginia has been known for its draconian collection laws. But since 2015, an unsuspecting litigation trend has surfaced. Industry leaders have recognized an increase in class action filings in West Virginia and two of those leaders want to tell ACA Members why. What once was a predicable award for damages pursuant to an individual cause of action under the West Virginia Consumer and Credit Protection Act has morphed into a potential catastrophic class action payout. Jeff Turner, partner at the law firm of Surdyk, Dowd & Turner in Ohio and Nick Mooney, Partner at the law firm of Spilman, Thomas, and Battle in its Charleston, West Virginia office, discuss why consumer attorneys prefer to file class actions in the state of West Virginia instead of filing in federal court pursuant to the Fair Debt Collection Practices Act in the latest episode of ACA Cast titled, “Litigation Landscape in West Virginia: What Debt Collectors should know about the 2015 Amendments to the Consumer and Credit Protection Act”. Support the show (http://www.acainternational.org)

The language used in collection letters is coming under increased scrutiny by plaintiff's attorneys and judges across the country. Even using the statutory language from the Fair Debt Collection Practices Act is not necessarily safe in some districts. In this webinar, sponsored by CompuMail, a panel of compliance experts from across the credit and collection industry will share their insights into what can and can't and what should and shouldn't be included in collection letters.

Jeremy Golden left the cold of Minnesota to study law in the sunshine of California. Originally the plan was to practice intellectual property law, but a job opportunity after law school lead Jeremy to discover the world of consumer law. Fifteen years later, he has a successful law firm outside of San Diego focused on debt defense, Fair Debt Collection Practices Act, and Fair Credit Reporting Act cases. Jeremy and I discuss small firm management, identity theft cases and the growing need for lawyers to take on student loan cases.

A case in which the Court held that a business engaged in no more than non-judicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for one limited purpose as defined within the Act.

In this episode of ACA Cast, Scott Weltman, managing shareholder at Weltman, Weinberg & Reis, recounts his experience testifying before the House Financial Services Committee about the lawsuit filed against his firm by the Consumer Financial Protection Bureau. ACA International CEO Mark Neeb interviews Scott Weltman, and his father, Bob Weltman, senior shareholder at the firm, in this riveting episode of ACA Cast. Support the show (http://www.acainternational.org)

So, what exactly are your rights when a debt collector contacts you? Jessica Hearn, CFO/Compliance Director of Universal Fidelity, LP, provides consumer tips for responding to a debt collection call, and offers a brief explanation about important guidelines specified under the Fair Debt Collection Practices Act.Support the show (http://www.acainternational.org)

Fair Debt Collection Practices Act | How the FDCPA regulates debt collectors including prohibited conduct. The FDCPA prohibits abusive practices by debt collectors. There are legal implications throughout and you should consult an attorney for all legal matters. We do NOT give legal advise on this podcast. The Fair Debt Collection Practices Act has a stated purpose: to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the informations accuracy.

In this episode of ACA Cast, Leah Dempsey, ACA’s vice president and senior counsel of federal advocacy, leads a discussion about the CFPB’s highly-anticipated rulemaking related to the Fair Debt Collection Practices Act of 1977. Dempsey’s guests are former ACA International Board President Leslie Bender, IFCCE, the chief strategy officer and general counsel with BCA Financial Services in Miami, and Stefanie Jackman, a partner with Ballard Spahr. Support the show (http://www.acainternational.org)

We discusss what debt collectors can and cannot do plus your rights under the Fair Debt Collection Practices Act

This week, ABA’s legal team provides a preview of key cases in the Supreme Court’s 2018-19 term and their significance for banks. Among these cases: Lusnak v. Bank of America, a case involving whether state law can preempt the National Bank Act. Weyerhaeuser v. U.S. Fish and Wildlife Service, which along with Lusnak may test the limits of “Chevron deference” — the deference that U.S. courts give to regulatory agencies in interpreting their own regulations. Lorenzo v. SEC, a case over whether an employee is liable for false statements made unknowingly on behalf of an employer. Obduskey v. McCarthy & Holthus LLP, which will determine whether the Fair Debt Collection Practices Act applies to nonjudicial mortgage foreclosures. Multiple cases involving chickens, ducks and the interstate commerce clause. “It gives us a sense of how the court views federal preemption, and preemption is important in banking law,” says ABA General Counsel Dawn Causey. “When you get a patchwork of different state laws, it can become very difficult to comply.” Read the team’s ABA Banking Journal preview of the Supreme Court term here.

In this episode of the Dreamer’s Financial Playbook, we’re digging into our two part mini-series on how to stop dodging the creditors that have been calling you over and over again. When you have bill collectors calling, it can be really tempting to not answer the phone or to hang up the moment you hear them on the other end of the phone, but you can’t do that forever! So with this mini-series, we’re taking back control of the situation and the first thing we’re going to do is understand the dos and the don’ts of dealing with the these pesky creditors so that we don’t set ourselves up for failure! Before you pull out your notepad, we’ve created a cheat sheet of these 10 Vital Dos and Don’ts for Dealing with Creditors. Simply go to selahfc.com/dfp19 to download a your copy to have on hand! P.S. To learn more about the Fair Debt Collection Practices Act, you can wander around on the Fair Trade Commission website at ftc.gov to simply click here.

With lingering uncertainty over what will become of the CFPB and unconfirmed appointees to the Federal Trade Commission, lenders' compliance obligations are in flux. In this episode of The Roadmap, Dama Brown, Southwest regional director of the FTC, clears up confusion about collection practices and the Fair Debt Collection Practices Act, as well as valuable insights into a recent case again Blue Global LLC, which fraudulently sold consumer data that was promised to dealers. Brown also offers a sneak peek of a report that presents consumer sentiments about their auto purchases and financing. Featuring Dama Brown, Regional Director of the Federal Trade Commission's Southwest Region.

Welcome back to anoher episode of the Foundation on High Frequency Radio Network! Host Brother Sharif joins Us today to help us lay the Foundations of Consumer Protection. As we Transition, it is important for us to understand the Consumer Protections laid out regarding 'Consumers" and "Consumer Goods".  Brother Sharif holds a pleathora of Knowledge when it comes to Consumer Protection Laws and the Fair Debt Collections Practices Act. Host, and Founder of T.H.O.R. Radio Network, Brother Sharif is a seasoned student and Here to Build. Join Host Sot El as we Discuss this and other Topics. As We Lay the FOUNDATION... LIVE CALL # (424)222-5250 or (563)999-3625 - Press 1 to interact with Sot EL. Email:  admin@welcometothefoundation.com Thanks for listening and sharing! www.highfrequencyradionetwork.com www.welcometothefoundation.com

Capital Club Radio - Interview with John Bedard, Credit and Collection Industry Advisor John Bedard Bedard Law Group, P.C. John is an AV rated attorney and nationally recognized authority on the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. He serves as counsel to several professional trade associations, including the Georgia Collectors Association. John is a published writer on industry topics and a former member of the Board of Directors of the industry's leading professional trade organization, ACA International, The Association of Credit and Collection Professionals. John is recognized by Collection Advisor magazine as one of the nation's top 50 most influential people in the collection industry. He serves as the State of Georgia Compliance Chairperson for ACA International and is a former Chairperson and Program Designation award recipient of ACA International's Members Attorney Program. John is a nationally recognized speaker and travels the country training collectors and educating industry associations, clients, and vendors who provide products and services to the industry. John is licensed to practice law only in Georgia. John received a Bachelor of Science degree in Economics from the Pennsylvania State University and a Juris Doctor degree from Syracuse University College of Law. He has spent his entire career serving the credit and collection industries. List Any Topics You Would Like to Discuss: Discussed over lunch with Michael Flock Web Site / Social Media Links: www.BedardLawGroup.com www.linkedin.com/in/john-h-bedard-jr-17b40116 Capital Club Radio Hosted by: Michael Flock Sponsored by: Flock Specialty Finance Providing a forum for leaders in the middle market segment which has typically been undeserved by traditional banking. Listeners gain valuable business insights and perspectives to deal with market uncertainty. Topics include: key success factors, both personal and professional, dealing with adversity, outlook for the industry and your business. For more info about Michael Flock and Flock Specialty Finance visit: www.FlockFinance.com To nominate or submit a guest request visit: www.CapitalClubRadioShow.com To view more photos from this show visit: www.ProBusinessPictures.com ‹ › × × Previous Next jQuery(function() { // Set blueimp gallery options jQuery.extend(blueimp.Gallery.prototype.options, { useBootstrapModal: false, hidePageScrollbars: false }); });

On This Episode of The Foundation we will continue the discussion regarding the Fair Debt Collection Practices Act and the Fabricated Reporting Act. What are these Acts and How will Knowing this Information Help Me and My Family. Issues of Reporting and Debt Collection Plague Our People Everyday. It is the Knowledge that Separates Us, and Our Actions Based on Knowledge that Define Our Reality. Special Guest Dyese El will join Host Sot El as We Move Forward in Our Understanding.. Let's Us Discuss these Things that Solidify The Situation. As We Continue to Advance, Build and Lay the FOUNDATION. LIVE CALL # (424)222-5250 Press 1 to interact with Sot. Email:  hfrn.foundation@gmail.com Peace for Listening and Peace for Sharing Peace to the Gods!!!

People in financial difficulty are often hounded by debt collectors trying to get them to pay. Although the constant barrage of phone calls and letters is bad enough, many times these collectors will use harassing and intimidating tactics in order to be the squeakiest wheel and get to your money first. Dealing with this can be very stressful and add to the overall desperation of those deep in debt. But fortunately, there is federal law in place to protect you from this type of harassing behavior and even give you a basis to sue the debt collector for damages and attorney’s fees! It is called the Fair Debt Collection Practices Act, and it is a powerful weapon against unethical and unscrupulous debt collectors. In this episode, I talk about how this law can be your sword and shield against harassment.

On May 16, 2016, the Supreme Court decided Sheriff v. Gillie. This case involves litigation between debtors to Ohio institutions and special counsel who sought to collect money owed to the institutions. Two questions were before the Supreme Court: (1) Do special counsel appointed by Ohio’s Attorney General qualify as “state officers” exempt from the Fair Debt Collection Practices Act’s (FDCPA) governance? (2) Is special counsel’s use of the Attorney General’s letterhead a false or misleading representation proscribed by FDCPA §1692e? The U.S. Court of Appeals for the Sixth Circuit held that special counsel were independent contractors who could not claim an FDCPA exemption and remanded the case for trial on the deceptiveness issue. -- By a vote of 8-0, the Supreme Court reversed the judgment of the Sixth Circuit and remanded the case. Writing for a unanimous Court, Justice Ginsburg explained that--even assuming for the sake of argument special counsel do not rank as “state officers”--their use of the Attorney General’s letterhead did not offend §1692e. Not fairly described as “false” or “misleading,” the use of the letterhead accurately conveyed that special counsel, in seeking to collect debts owed to the State, do so on behalf of, and as instructed by the Attorney General. -- To discuss the case, we have Jennifer L. Mascott, who is an Olin/Searle Fellow in Law at Georgetown University Law Center.

#140: Wendy had her credit card debt discharged when a collector broke the law. You have rights under the Fair Debt Collection Practices Act. Listen to Wendy's story and how she was legally able to discharge a debt she owed.  For more information, visit the show notes at

Guest Alan Collinge of Student Loan Justice, joins Jim Paris Live.  Alan is the author of 'The Student Loan Scam' and an activist for student loan reform.  In this episode he discusses the balooning amount of student loan debt, now currently more than $1 trillion dollars in the United States.  He also comments on rights that should be afforded to student loan borrowers.  Student loans are not dischargable in bankruptcy, they are also not subject to statutes of limitations, or the Fair Debt Collection Practices Act.

Brad Feld partner at Foundry Group, a venture capital firm based in Boulder, Colorado. He's also a co-founder of Techstars, a mentor-driven accelerator program. He recently wrote a book Startup Communities: Building an Entrepreneurial Ecosystem in Your City. Stanley Hammerman speaks at numerous seminars on collection law and the Fair Debt Collection Practices Act. He is a member of the Civil Study Committee for the Maricopa County Superior Court as well as the Commercial Law League of America, The Commercial Bar, and the National Association of Retail Collection Attorneys. John McDougall founder and CEO of McDougall Interactive, an award-winning agency specializing in SEO, social media, paid search, blogging, content marketing, conversion optimization, PR and, most importantly, fusing them together and tracking return on investment.  Jocquese L. Blackwell of Blackwell Law Office, PLLC, he is a Martindale-Hubbell, AV Preeminent Rated Attorney,which is their highest rating, he is rated 10 out of 10 with AVVO.COM, which is their highest rating, and an Arizona Rising Star with Super Lawyers.       

This publication describes consumers’ and debt collectors’ obligations and rights for collecting payment of debts under the Fair Debt Collection Practices Act.