Podcasts about fdcpa

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.

Join Our FREE Start Repairing Credit Challenge: http://startrepairingcredit.com/  When repairing credit, you need to use all possible tools to fight back against the big banks, bureaus, and collection agencies! That's why today, I'm welcoming back Haseeb Hussain! Haseeb is an incredibly successful consumer law attorney, founder and CEO of Haseeb Legal, and viral TikTok star! A few months ago, Haseeb joined me on the podcast and shared a lot of amazing information about powerful legal actions you can take. Many people watched that episode and had even more questions for Haseeb. So I knew he had to bring him back to the podcast! So, without further ado, let's jump right into it! Key Takeaways:00:00 Intro 04:12 How to Deal with Stall Letters 07:47 Disputing Too Many Things at Once09:57 FCRA12:21 FDCPA 16:05 Preparing for Potential Legal Actions 18:31 TCPA Violations 22:59 Most Egregious Violations Haseeb Encountered 24:57 Bankruptcy and Post-Bankruptcy Reports 27:44 Haseeb's Final Piece of Advice 29:07 OutroAdditional Resources:Get in touch with Haseeb: https://haseeblegal.com/Follow Haseeb on IG: https://www.instagram.com/haseeblegal/Follow Haseeb on TikTok: https://www.tiktok.com/@haseeblegalGet a free trial to Credit Repair CloudGet my free credit repair training  Consumer Law Attorney Haseeb Hussain Reveals Hidden Credit Repair Strategies!Make sure to subscribe so you stay up to date with our latest episodes.

Returning guest Michelle Dove, Chief Compliance Officer and General Counsel for IC System, sits down with host Tyler Kern to discuss the changes implemented by Regulation F and how they've effected IC System as well as the broader debt collection world. “I am mainly tasked with understanding the law that applies to the collection industry and making sure that our practices are adhering to the law,” said Dove. So when it comes to understanding Regulation F, Dove is a go-to for IC System. “Regulation F is a series of rules that the CFPD introduced in late 2020 and 2021,” after becoming effective in 2021, the regulations supplement “the FDCPA,” said Dove. Dove said that while some things in the regulations aren't her favorite, “It really gives debt collectors more guidance…it really is a roadmap for IC…it tells us how to comply.” Regulation F effects how often you can call and how to report collection, among other things. The new 7-7-7 rule means that collectors can call 7 times within a 7 day period and if they talk to a consumer, then, “we can't call them again for 7 days after that,” explained Dove. Credit reporting under Regulation F has also changed, “Now, in order to credit report an account, you need to communicate with the consumer first and so, that would be sending a letter,” said Dove. For IC System, “The most focus went on changes that impact out initial notice.” While the notification was standardized before, the model sample notice given through Regulation F changed the format and information needed to adhere to this new regulation. And while bigger agencies might have incorporated changes more quickly, IC did not have any delays in service throughout the transition, just more disputes engaged from that initial notice requirement across the board. “It's still a learning process,” said Dove, but learning always means improvement. IC System has over 85 years of experience in medical and dental debt collection, rent recovery and other business collections. For more information, visit https://www.icsystem.com/.

With 50 states and seemingly a different set of rules for each, keeping up with the regulatory changes in the collections industry can be tricky. But Michelle Dove, Corporate Counsel & Chief Compliance Officer at IC System, said it's all in a day's work. She joined host Tyler Kern to shed some light on the latest industry regulations and provide some best practices for keeping on top of the changes.Dove's primary job with IC System is to manage litigation. Still, she also spends a fair amount of time reviewing policies and procedures to ensure everything follows the ever-changing laws and regulations.“There are some federal laws that are overarching and govern everything we do,” Dove noted. “The FDCPA, in essence, tells debt collectors that you have to treat consumers fairly. The FCRA governs how we report debts if our clients elect a credit reports' accounts. The FCRA tells us how to do it right. The TCPA governs how we call consumers and mostly dictates how and when we can call cell phones.” And there are many other privacy-related laws debt collectors must follow.The more states that create their own regulatory operations and laws, the trickier compliance is for companies like IC System. It can get exhausting, but overall, Dove said it's a good thing.“I think for a long time in our industry, we collected debts a little bit unknowing of what the requirements or expectations were, and we usually found out when we got it wrong,” Dove said. “The good news, with all of this regulation, is it tells you how to collect debts the right way, and so ensuring compliance then is the next step.”For more information, visit https://www.icsystem.com/.

Register For Our FREE Credit Repair Business Masterclass!What if I told you you could fight back against debt collectors and make them pay you?Well, that's exactly what today's returning guest, Vance Dotson, does for a living! Vance has the most unique business I've ever heard of. He's not an attorney yet makes millions of dollars suing debt collectors, banks, and credit bureaus. He's back today to tell us more crazy stories, explain a big FDCPA update, and share some important legal cases every Credit Hero needs to know. Vance also shares some fantastic new tactics for credit repair business, so you better stick around!Key Takeaways:Intro (00:00)How Vance Got Into Suing Debt Collectors (02:20)You Don't Need a Lawyer to Sue (11:05)New Regulation in the FDCPA (13:33)Most Common Violations by Debt Collectors (15:28)Biggest Mistake People Make and How to Avoid It (17:30)A Big Win (19:54)Important Cases Credit Heroes Should Look Into (21:51)New Tips and Advice for Credit Repair Businesses (25:24)Rapid Fire Questions (30:16)Outro (32:15)Additional Resources:- Get a free trial to Credit Repair Cloud- Get my free credit repair training  - Credit Report 101: A Beginner's Guide to Reading & Disputing!Make sure to subscribe so you stay up to date with our latest episodes.

A Podcast by BBB of the Tri-Counties:  https://www.bbb.org/local-bbb/bbb-of-the-tri-counties A BIG thank you to Ayers Automotive Repair in Santa Barbara, for supporting this podcast. https://www.ayersrepairs.com Welcome to this week's edition of Your Moment of Trust! Zombie debt is defined as debt that has been “raised from the dead,” so to speak. It could even be something you never owed at all.  When a person doesn't pay a debt, the lender will take action – by phone, letter, or even a court case – to collect the money they are owed. In some cases, though, the debtor simply can't pay or can't be found. In other cases, the debtor files for bankruptcy and, depending on the kind of debt owed, the debt may be put on hold, renegotiated or discharged completely.  Sometimes, this old debt comes back to life. Some of the most common scenarios of zombie debt are the following: ● Unpaid debts that are beyond the statute of limitations when you can be taken to court for payment ● Unpaid debts you owe but forgot about ● Unpaid debts wiped out with bankruptcy ● Debts you already settled with the creditor ● Fraudulent charges from identity theft ● Fake debts “creditors” claim you owe as part of a scam How does debt come back to life? Creditors often remove old debt from their ledgers and sell it to third-party collectors. In some cases, the debts are legitimate, but in other cases, they aren't. When debts are sold and re-sold, the records may be incomplete or inaccurate. Think of it as a game of “telephone.” The more times a debt is passed around, the more chance that the related information is wrong. When debt collectors call The legal treatment of old debt will depend on where you live and the type of debt in question. Depending on the law, debt collectors are not allowed to sue for old debt if the statute of limitations has expired, however, they are still allowed to contact you and ask to pay off the old debt. Check the statute of limitations for each U.S. state and Canadian province for more information. However, if you start to make payments or acknowledge the debt in some way, the action may restore the collection agency's legal right to take the matter to court. Never agree to make a payment on a debt you aren't sure about, even if the collection agency puts pressure on you for payment. The best way to start is by doing a thorough investigation. Search through old records to find bank statements and notices of payment. Gather as many facts as possible about the debt in question. Next, within 35 days of initial contact and without acknowledging the debt is yours, ask the creditor for a debt validation letter. The Fair Debt Collection Practices Act (FDCPA) requires the debt collection agency to provide you with written proof of the debt's validity or a judgment against you, as well as the name and address of the original creditor if the debt was resold. Once this information is gathered, determine if the debt is really yours and if it still needs to be paid. If you determine the debt was yours, but you already paid it, write a letter to the collections agency and demand that they cease contact. Include proof of payment if available. The collections agency is legally required to stop contacting you under the FDCPA. If you determine the debt is not yours or is invalid, write a letter challenging its validity and where applicable, include any proof you may have. If you determine you do owe the funds and you can pay the debt, resolve the issue by first getting a payment agreement in writing and then eliminating your unresolved debt.  If you determine you do owe the funds, but you can't pay the debt, you can pursue debt relief through bankruptcy or credit counseling. When deciding what route to take, keep in mind that once a debt is past the statute of limitations, collectors can no longer sue you to get payment. In addition, the FDCPA stipulates that any unpaid debts should be removed from a person's credit score after seven years. If you decide to begin paying or pay in full an old debt, it could restart the statute of limitations and affect your credit. Learn more about ways your identity can be compromised without you even knowing it. If you need to contact a collection agency to dispute a debt, request a debt validation letter or ask the collection agency to cease contact, use these templates on Consumer.gov. Remember that while most debt collection agencies are legitimate, there may be times when a scammer is phishing for information. For more information on how to avoid this scheme, visit BBB.org/AvoidScams. If you've been targeted by a debt collection scam, be sure to report it to BBB.org/ScamTracker.

Debt collectors have a job to do and serve a purpose, but they have rules that they must follow.  #debtcollection, #FDCPA, #debtfree, #goodcredit, #badcredit, #credithelp, 

About Mark Anderson and Consumer Consulting Group: Credit and Risk Management, timeshare debt removal, timeshare cancellation, Credit Repair, Identity Theft Investigation and Claim Management, FDCPA violation, Student Loan Resolution Specialist. We are a full service timeshare cancellation full fulfillment center. Whether you are brand new owner or have been a timeshare owner for decades we can help. The timeshare cancellation industry has massively grown over the past 6 years. This growth is due to the massive development of timeshare sales. In fact, the timeshare industry has doubled in market share to $9.8 Billion dollars. This places timeshares above American Baseball. There is no stopping the timeshare train from making a station in every town, but we can help the timeshare owners who have been taken advantage of, lied to, scammed, defrauded, are hit with economic hardship, death of an owner, or need help negotiating. We service internationally, and approve most timeshare resorts. Our timeshare cancellation focus is fast and affordable results. We make the timeshare exit process easy for our clients. For example, we cancel and remove outstanding timeshare accounts and cancel lifetime timeshare debt. We remove timeshare accounts from credit reports, and terminate timeshare debt. Our process is strategic and the results are predictable. We are certified risk managers, seasoned paralegals, experienced credit managers, and noted consumer advocates. Timeshares contracts are never ending liabilities. Therefore, accounts such as timeshares in vacation ownership need to be disputed and terminated safely, and legally. Our timeshare resolution services include us monitoring our clients credit and all public records to ensure all aspects of the timeshare account are deleted. Your dedicated timeshare contract cancellation account managers have expertise in legal timeshare contract disputes, direct mediation on accounts and contracts. Our timeshare exit program delivers a negotiated resolution to many consumer accounts. Our clientele provide unique cases to an ever growing problem in consumer rights violations, and deceptive sales practices. Above all as exit timeshare consultants, our timeshare release strategy delivers the results of financial freedom, and elimination of liability. We provide the safest, most affordable and streamlined timeshare cancellation process. Whether you are brand new owner or have been a timeshare owner for decades we can help. We have helped thousands of clients get results with our unique approach and best-in-class tech. We know how to cancel a timeshare and believe timeshare owners need an attorney that can provide reliable results. CCG can help the timeshare owners who have been taken advantage of, lied to, scammed, defrauded, are hit with economic hardship, death of an owner, or need help negotiating. We service internationally, and approve most timeshare resorts. Cancel timeshare contract today.

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.

Register For Our FREE Credit Repair Business Masterclass Today!Have you exhausted all of your credit repair disputing options but still aren't seeing the results you want?The factual disputing process is all about having the facts and the law on your side so that you can stand up to the unfair credit system. But, sometimes, having the facts and laws on your side just isn't enough…The banks and the bureaus ignore your data, furnishers mistreat you, and debt collectors flat-out harass you. In these cases, you may need to recruit a Consumer Law Attorney. A Consumer Law Attorney is a lawyer who specializes in the FCRA, the FDCPA, and other consumer protection laws. If you have exhausted all other options, they are your last hope. That's why today, I explain everything you need to know and when you should hire one! So you better stick around. Key Takeaways:Intro (00:00)What Do Consumer Law Attorneys Do (01:01)The Four Types of Consumer Law Attorneys (01:25)When to Hire a Consumer Law Attorney (04:08)What to Consider When Hiring a Consumer Law Attorney (06:48)My Final Point (09:53)Credit Hero Score (10:21)Community Spotlight (10:46)Outro (11:50)Additional Resources:- Get a free trial to Credit Repair Cloud- Get my free credit repair training  - Consumer Law Credit Repair: Powerful Dispute Method Explained!Make sure to subscribe so you stay up to date with our latest episodes.

Please join Troutman Pepper Partner Chris Willis and his colleagues Stefanie Jackman, Caleb Rosenberg, and Chris Capurso for the second installment of our special two-part series about the Consumer Financial Protection Bureau's (CFPB) recent policy statement on abusiveness. In Part 2, the panel discusses specific examples cited in the policy statement, as well as lessons learned about what constitutes abusiveness and what doesn't from the CFPB's perspective.CFS Partner Stefanie Jackman devotes her practice to assisting financial services institutions facing state and federal government investigations and examinations, counseling them on complex compliance issues, as well as defending them in individual and class-action lawsuits. Stefanie represents clients across the financial services industry, including banks and nonbanks, mortgage banking lenders and servicers, debt collectors and buyers, third-party service providers, health care and medical revenue cycle service providers, credit and prepaid card companies, auto lenders, and fintechs. She regularly advises her clients on issues arising under an array of federal and state consumer financial laws, including UDAP/UDAAP statutes, the FDCPA, FCRA, TCPA, EFTA, SCRA, and TILA.CFS Associate Caleb Rosenberg focuses his practice on helping small business finance companies, banks, fintech companies, and licensed lenders navigate regulatory risks posed by state and federal laws. He has experience performing regulatory due diligence on financial technology companies and assisting clients in responding to regulatory inquiries.CFS Associate Chris Capurso focuses his practice on consumer financial services law, primarily on federal and state law compliance matters. Chris regularly advises financial institutions, lenders, and sales finance companies in the development and maintenance of closed-end and open-end lending, automobile finance, fintech, point-of-sale, solar finance, small dollar, and other credit programs.

Please join Troutman Pepper Partner Chris Willis and his colleagues Jonathan Floyd and Meagan Mihalko as they discuss recent trends in Article III standing in the federal courts. The trio examine why this is a big deal in consumer litigation, whether courts consistently apply recent Supreme Court decisions with one another, and what considerations and implications defendants should consider when deciding whether or not to remove a case from state to federal court.Consumer Financial Services Associate Jonathan Floyd focuses his practice on financial services litigation, representing clients in class actions and business disputes in both federal and state courts. Jonathan helps businesses navigate and litigate the myriad consumer and financial services laws, particularly with the many "alphabet soup" federal consumer protection statutes, such as the Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), and Fair Credit Reporting Act (FCRA). Jonathan's experience also covers a variety of state consumer protection laws, and he regularly litigates actions arising under the West Virginia Consumer Credit Protection Act (WVCCPA) and New York General Business Law Section 349.Consumer Financial Services Associate Meagan Mihalko's national practice includes defending both class-action and individual matters involving federal consumer protection statutes like the FCRA, the FDCPA, and the TCPA. Meagan represents financial services clients, including banks, consumer reporting agencies, background screening companies, debt buyers, and debt collectors, in individual and class-action litigation throughout the U.S. Meagan has successfully obtained summary judgment for clients in both class actions and individual cases, and she has litigated cases in federal courts across the U.S.

Robert Paisola LIVE on Clubhouse discussing The CFPB, FCRA, FDCPA and THE LAW regarding Credit Repair.... This is FREE so LISTEN AND TAKE NOTES! Brought to you by Mercedes Benz of America! We are broadcasting in 38 Countries and in 4 Languages. Here is the Transcription Link https://otter.ai/u/66xkUrxqMHJc-yXc-5sVMGVnIbU www.RobertPaisola.com www.WCILive.com www.noematicelevationgroup.com is the Company that we are discussing in this Cast We will be discussing the CREDIT REPAIR CLOUD LITIGATION WITH THE CFPB AND DANIEL ROSEN --- Send in a voice message: https://anchor.fm/changeyourmindandlife/message

Sign up for our brand new 14-day Credit Hero Challenge.Hey Credit Heroes! Today I'm joined by Vance Dotson, also known as Vance the Credit Doctor, who has the most unique business I've ever heard of. You see Vance is not an attorney, yet he makes a living by suing debt collectors, banks, and credit bureaus.I met Vance at the Funnel Hacking Live conference a few weeks ago and as soon as I heard about his company I knew I had to invite him to the show. Today he's going to show us exactly how he does it, so whether you're a credit hero or being chased by debt collectors, grab a pen and paper because you're going to want to take notes. Tune in and leave the debt collectors behind!Key Takeaways:Intro (00:00)Introduction of Vance (01:14) The first tip for dealing with debt collectors (09:25)How it turned into a business (15:00) The second tip for dealing with debt collectors (19:30) Buying people's debt (20:09)The third tip for dealing with debt collectors (22:04)Difference between verification and validation (27:15)The fourth tip for dealing with debt collectors (32:45)Outro (01:01:04)Additional Resources:Get a free trial to Credit Repair CloudGet my free credit repair training  My interview with Millionaire Club member Robin Make sure to follow Vance as well:Company Website: https://www.vancethecreditdoctor.com/about.phpInstagram: https://www.instagram.com/vancedotson/Facebook: https://www.facebook.com/vance.dotsonMentor Site: https://www.vancedotsonmentorship.com/Make sure to subscribe so you stay up to date with our latest episodes.

Robert Paisola vs Attorney Jonathan Jenkins (Utah) and Meade Recovery Service on FCRA Violations, FDCPA Violations and Official notification of Federal Lawsuit Status. Recorded 10-2022 Copyright 2022 Team, This is a recording that was made today with a Debt Collection Agency in Utah called Meade Recovery Service. This is the second encounter that we gave had with this company. We resolved the issue with Counsel and now they are violating the agreement. This is a copy of a call that took place 1 year ago that was the base of our lawsuit: https://soundcloud.com/robert-paisola-173187510/robert-paisola-of-western-capital-vs-meade-recovery-services-utah This recording is now in the process of being transcribed and will be added to this commentary See the initial 2020 Lawsuit https://www.pacermonitor.com/public/case/33836074/Johnson_v_Meade_Recovery_Services Utah District CourtJudge:Robert J ShelbyReferred:Jared C BennettCase #:1:20-cv-00050Nature of Suit480 Other Statutes - Consumer CreditCause15:1692 Fair Debt Collection Act Case Filed:Apr 29, 2020Terminated:Sep 30, 2022 https://www.pacermonitor.com/public/case/33836074/Johnson_v_Meade_Recovery_Services Andrew Johnson vs Meade Recovery Services Andrew Johnson Represented by Attorney Joshua R. Trigsted Johnson v. Meade Recovery Services PACER CASE INDEX AS OF 10-7-2022 If you are a victim of this company or any other debt collector, please email our office at robert@wcilaw.com and explain your situation We will keep updating this feed as long as we are filing cases against these companies Further Information RobertPaisola.com 1-800-373-8913 robert@wcilaw.com --- Send in a voice message: https://anchor.fm/changeyourmindandlife/message

Please join Consumer Financial Services Partner Stefanie Jackman and her guests and colleagues James Trefil and Jonathan Floyd in the fourth and final episode of a special four-part series on recent developments at the Consumer Financial Protection Bureau. In this episode, topics include debt collection and convenience fees, trends in Regulation F litigation, and predictions in the collections world for the next year.Partner Stefanie Jackman devotes her practice to assisting financial services institutions facing state and federal government investigations and examinations, counseling them on complex compliance issues, as well as defending them in individual and class-action lawsuits. She regularly advises her clients on issues arising under an array of federal and state consumer financial laws, including UDAP/UDAAP statutes, the FDCPA, FCRA, TCPA, EFTA, SCRA, and TILA.Counsel James Trefil primarily focuses his practice on financial services litigation, including representing clients in federal and state court at both at the trial and appellate level, particularly in areas of complex litigation, financial services litigation, and consumer litigation. James has represented clients within these areas in a wide variety of litigation matters involving class actions, contracts, torts, and federal and state consumer protection laws.Associate Jonathan Floyd focuses his practice on financial services litigation, representing clients in class actions and business disputes in both federal and state courts. Jonathan's practice includes assisting businesses in navigating and litigating the myriad consumer and financial services laws, with a particular emphasis on the many “alphabet soup” federal consumer protection statutes, such as the FDCPA, TCPA, and FCRA.

WATCH THE FULL VIDEO HERE https://www.youtube.com/watch?v=v5woSwt6I04&t=60s This is a Live video of Robert Paisola, The CEO of Western Capital, as they take on Jefferson Capital Systems LLC as they attempt to illegally collect against a Native American Family on an invalid Debt, on behalf of Verizon Wireless. This is not the first time we have taken these people to the matt. In this video you will witness a collector in Mumbai India named TAUSIS SYED break Federal Laws On Live recorded Video. This material is in preparation for Federal Court. KOAT-TV ABC NEWS INVESTIGATIONS In todays broadcast we are dealing with a Rogue Debt Collection Named Jefferson Capital Systems, LLC, 16 McLeland Road, St. Cloud, MN 56303, Phone: 1-833-851-5552 This is a Debt Collection Agency that made a serious mistake of trying to collect a TIME BARRED DEBT, that had already been through 3 other Debt Collection Agencies. They made a PORTFOLIO PURCHASE from VERIZON WIRELESS, imported the data into their systems, and IMMEDIATELY REPORTED THIS INVALID ACCOUNT to Thousands of Supposed Debtors across the nation. During this 29 Minute Call, call you will be guided step by step on how to deal with these people. Listen Closely... NEVER PAY THIS COMPANY ON A DEBT. Contact our offices in Las Vegas and we will resolve the issue for you (Get the item removed) for 200.00 Remember, We owned a very large debt collection company, and this is what we do. If we determine that your case has merit, then we will file against JEFFERSON CAPITAL SYSTEMS in Federal Court, We will also name their CEO, David Burton, The CFO, Dave Mitchell, Their In house Counsel, Attorney Matt Pfohl LOOK AT THESE CASES: ( www.cardozalawcorp.com/library/cl-holdings-llc.cfm ), The President of the Company, Mark Zellman, Sue B. Unterberger CHIEF COMPLIANCE OFFICER and all other John Does Similarly Situated. We posted a photo of this companies location. Take a close look and ask yourself, is this legit? Then look at our building at 101 Convention Center Drive Ste 400, Las Vegas NV 1-800-373-8913 classaction@westerncapitalinvestments.com LEGAL STATISTICS AND CORPORATE DATA: CASELAW: FOSNIGHT v. CONVERGENT OUTSOURCING, INC. CHAMINEAK v. JEFFERSON CAPITAL SYSTEMS, LLC BAZEMORE v. JEFFERSON CAPITAL SYSTEMS, LLC PAISOLA v. JEFFERSON CAPITAL SYSTEMS, LLC --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app --- Send in a voice message: https://anchor.fm/changeyourmindandlife/message

Please join Troutman Pepper Partner Chris Willis and his guest and fellow Partner Stefanie Jackman as they discuss recent trends in Telephone Consumer Protection Act (TCPA) litigation, including how the landscape has changed since the Facebook decision, the increase in challenges to text and automated messaging, state law analogs and mini TCPA laws, and best practices for companies going forward.   As a member of the firm's Consumer Financial Services Practice Group, Stefanie devotes her practice to assisting financial services institutions facing state and federal government investigations and examinations, counseling them on complex compliance issues, as well as defending them in individual and class-action lawsuits. She regularly advises her clients on issues arising under an array of federal and state consumer financial laws, including UDAP/UDAAP statutes, the FDCPA, FCRA, TCPA, EFTA, SCRA, and TILA.

Attorney Yanique Hall is the lead attorney at Hall Law Office, P.A. She was born and raised in Jamaica, and like many immigrants, she was deemed out-of-status shortly after graduating high school. Nonetheless, she had dreams of attending college to further her education, and she was eager to get started as soon as possible. Unfortunately, Yanique was in limbo with her immigration status for a few years, which led to a long delay before she could enroll in college. It was through the help of a persistent immigration attorney that finally turned things around, and she was able to obtain legal status as a permanent resident. This immigration attorney came to view Yanique as a daughter, and the lengthy legal fight to achieve her permanent resident status fueled her dreams to attend law school. Yanique earned a Bachelor's degree in Legal Studies from the University of Central Florida, and she later went on to achieve her Juris Doctorate from the Florida A&M University College of Law. She kicked off her career as an attorney by representing creditors and filing suits on defaulted and breached accounts. Yanique contributed her expertise to litigating matters involving individuals and corporations being sued for commercial and retail debts including purchased debts, bad checks, auto leases, business loans, and even security agreements. Even prior to attending law school, Yanique contributed two years of work within a debt defense law firm by handling credit card defense cases and even FDCPA violations. Now, Yanique specializes primarily in consumer protection rights, uncontested divorce cases, and all immigration process matters. She operates under the consistent mission to add value to each of her client's lives by ensuring quality and professional legal services regardless of her clients' ability or inability to pay. Her long-term goal for Hall Law Office, P.A. is to flourish as Florida's most prominent debt defense firm by assisting underrepresented individuals in achieving their goal of becoming debt free and helping families who have immigrated to the United States in achieving their dream of living in the country freely and without the fear of being deported. When she is away from the office, Yanique enjoys engaging in physical outdoor activities to relax and decompress. She also spends much of her free time volunteering at universities and speaking to students who are considering attending law school. Even when she is not working, Yanique finds herself continuously researching the industry so she may offer her clients the best up-to-date services according to today's best practices. Her favorite aspect of her career is sharing the same vision with her clients and working together to achieve their dreams and visions for the future. Yanique Hall, Esq. - Hall Law Office, P.A. (halllawofficepa.com) Yanique Hall, Esq. (@attorneyyanique) • Instagram photos and videos (99+) Yanique Hall | LinkedIn --- Send in a voice message: https://podcasters.spotify.com/pod/show/mastermine-mrg/message

Returning guest Michelle Dove, Chief Compliance Officer and General Counsel for IC System, sits down with host Tyler Kern to discuss the changes implemented by Regulation F and how they've effected IC System as well as the broader debt collection world. “I am mainly tasked with understanding the law that applies to the collection industry and making sure that our practices are adhering to the law,” said Dove. So when it comes to understanding Regulation F, Dove is a go-to for IC System. “Regulation F is a series of rules that the CFPD introduced in late 2020 and 2021,” after becoming effective in 2021, the regulations supplement “the FDCPA,” said Dove. Dove said that while some things in the regulations aren't her favorite, “It really gives debt collectors more guidance…it really is a roadmap for IC…it tells us how to comply.” Regulation F effects how often you can call and how to report collection, among other things. The new 7-7-7 rule means that collectors can call 7 times within a 7 day period and if they talk to a consumer, then, “we can't call them again for 7 days after that,” explained Dove. Credit reporting under Regulation F has also changed, “Now, in order to credit report an account, you need to communicate with the consumer first and so, that would be sending a letter,” said Dove. For IC System, “The most focus went on changes that impact out initial notice.” While the notification was standardized before, the model sample notice given through Regulation F changed the format and information needed to adhere to this new regulation. And while bigger agencies might have incorporated changes more quickly, IC did not have any delays in service throughout the transition, just more disputes engaged from that initial notice requirement across the board. “It's still a learning process,” said Dove, but learning always means improvement.

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.

With 50 states and seemingly a different set of rules for each, keeping up with the regulatory changes in the collections industry can be tricky. But Michelle Dove, Corporate Counsel & Chief Compliance Officer at IC System, said it's all in a day's work. She joined host Tyler Kern to shed some light on the latest industry regulations and provide some best practices for keeping on top of the changes.Dove's primary job with IC System is to manage litigation. Still, she also spends a fair amount of time reviewing policies and procedures to ensure everything follows the ever-changing laws and regulations.“There are some federal laws that are overarching and govern everything we do,” Dove noted. “The FDCPA, in essence, tells debt collectors that you have to treat consumers fairly. The FCRA governs how we report debts if our clients elect a credit reports' accounts. The FCRA tells us how to do it right. The TCPA governs how we call consumers and mostly dictates how and when we can call cell phones.” And there are many other privacy-related laws debt collectors must follow.The more states that create their own regulatory operations and laws, the trickier compliance is for companies like IC System. It can get exhausting, but overall, Dove said it's a good thing.“I think for a long time in our industry, we collected debts a little bit unknowing of what the requirements or expectations were, and we usually found out when we got it wrong,” Dove said. “The good news, with all of this regulation, is it tells you how to collect debts the right way, and so ensuring compliance then is the next step.”

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.

Now this is pretty much everything you need to know when your dealing with Debt Collectors. Almost everyone is a debt collector just know what your looking at when your read your mail, email, and some times text. --- Send in a voice message: https://anchor.fm/tez12/message

Always hold your oppressors accountable for they know what they are doing. This is to help you wake up and better yourself and live a better life. Thanks for listening in on my podcast. This demonstration of examples on how to write different affidavit methods and get out of your situations. --- Send in a voice message: https://anchor.fm/tez12/message

On its face, the limited content message can be seen as a godsend for the collection industry. The chance to leave a voicemail for a consumer and not have it count as a communication under the FDCPA. But, as John Bedard points out in this episode of “You Wanted a Rule, You Got a Rule,” the conditions under which a limited content message may be left for a consumer may be such that it does not make business sense to use it. Collection agencies are going to have to test the effectiveness of the limited content message in order to determine if it is worth using it.

 Linda Russell was raised in the collection business. The debt collection agency she ran—CollectionCenter Inc., based in Rawlins, Wyoming started by her father, Clyde Cox, in 1919. Her 1991 ACA International presidency represented a couple of firsts. She was the first woman to hold the office, the first association member from Wyoming to serve as president, and the first ACA president to appear on CNN in her first week of office. Collection Center now run by her son Dan is celebrating 102 years in business.What you'll learn about in this episode: “The accounts receivable management industry has changed a lot since Linda began collecting door to door. In this episode Linda shares some stories about what it takes to create a centennial culture as her company just surpassed 102 years in business quite a milestone in any business, but especially for a collection agency. During our discussion, we talk about what's changed and how mindset, attitude, and the personal touch remain keystones in building a business that lasts.”  Core principles for building a centennial culture and loyalty that lasts over generations.How Linda's door-to-door collections led to improved phone collections.What's changed and what hasn't in Debt CollectionsThe inside scoop on her journey of becoming the first woman ACA President and testifying before Congress on behalf of the industry and the FDCPA.Resources:Website: https://www.mycollectioncenter.com/Email: larcci@aol.comLinkedIn: Company https://www.linkedin.com/company/collectioncenter-inc/LinkedIn: Personal https://www.linkedin.com/in/linda-russell-78050824/Additional Resources:ACA International Article

Don't Miss our Where is the Love segment, as we get out on the streets to find out if those in Northern CA have had enough of the foreclosure and eviction moratoriums, or if they want them to continue. Then join Spencer as he interviews Joel Bowen, current President of the California Credit Union Collectors Counsel to discuss the impact of the pandemic on credit unions and whether there are big changes in store for the industry.  Then tune in to our Legal Segment as Spencer brings you up to speed on the latest news affecting Lenders, Landlords and Investors, from new FDCPA rules governing social media interaction from collectors, to Di Fi regulation or lack of it. He covers it all. Please join SLG in supporting Food for the Poor, helping victims of disaster  all over the world and most recently, those impacted by  the earthquake and typhoon in Haiti. www.foodforthepoor.org/helphaitinow   Disclaimer:  None of the legal, or financial opinions or information  expressed in this podcast may be relied on as legal, or investment advice by Scheer Law Group, LLP.  Laws and economic issues  affecting the subjects of this podcast change daily. This mandates  specific review of legal or economic issues of interest or concern to you with legal counsel or financial advisors who are experienced in the areas of law or finance discussed in this podcast.   For more on Scheer Law Group, LLP, go to www.scheerlawgroup.com

In an ideal world, you have a great relationship with each of your clients. First you connect, then the two of you have a great consultation and they are ready to sign an agreement for your highest-priced service package. You quickly execute the agreement, services are completed, all payments are made on time, and this new client becomes one of your best referral sources. Unfortunately, it doesn't always go according to this plan. Sometimes a client is late with a payment. How to handle a late-paying client is one of the most common questions I get. For many entrepreneurs, it's unusual and takes them completely by surprise when it does happen. In this episode, I talk about how to handle late client payments and discuss the issue from two perspectives. First, can you proactively try to avoid late payments? Second, if you do have a late payment, what steps should you follow to rectify the situation? Please subscribe if you haven't already. And if you like the show, I'd love it if you'd give it a review wherever you listen to podcasts!   In this episode: [02:57] - Danielle discusses a few ways to protect yourself against late payments in your client agreements. [03:55] - Asking for a deposit is fairly standard, but those working on an hourly basis often don't think they can do this. [06:20] - What if you're not the one issuing the contract? [07:12] - Even with a perfect agreement, you still may get late payments from time to time. Check these areas of your contract. [08:21] - Touch base with your client after reviewing the terms of your agreement. [09:03] - You'll want to keep communication very friendly at this early stage. [10:12] - What is a reasonable amount of time to wait for a reply? [10:30] - If you haven't heard back after a reasonable amount of time, then escalate your outreach in these ways. [11:30] - Danielle discusses how to handle everyone's least favorite step: making a phone call. [12:04] - Send one final email if you still get no response. Danielle offers some sample language you can use. [13:10] - What should you do if your final email also gets you nowhere? [14:03] - Ensure that you're compliant with collection laws. See Section 807 of the FDCPA. [15:03] - When all else fails, you need to decide whether to use a collection agency or file a lawsuit. [15:46] - Danielle gives one final caveat before deciding to file a lawsuit. [16:01] - Executing a judgment obtained in a lawsuit can be cumbersome and not worth it unless you feel the sum of money justifies it. [16:32] - Use these action steps to protect yourself against late payments and handle them when a client misses a payment.   Links & Resources: Boomerang for Gmail Yesware Fair Debt Collection Practices Act (Section 807) Businessese Businessese on Facebook Businessese on Instagram Liss Legal Liss Legal on Instagram

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.

Stop letting debt collectors harass and abuse you! In this episode we will talk about where credit reports come from who is allowed to see your credit reports what is a credit score and why it's important for you to have copies of your credit report before you try to obtain credit. Learn how the credit bureaus work and why you should not be afraid to send them dispute letters. *Thanks you for listening. If you like the podcast please Rate it 5 stars on Apple Podcast! Much love and have a great day! Follow us “The Credit Repair Show” for daily updates on how to repair your credit. You can support my podcast with a small donation on my Cashapp $Credit1964 · Follow us: Instagram: @creditrepair64 / Twitter: @creditrepair64 / Facebook: Angelo McCutchen /Facebook Group: https://www.facebook.com/groups/creditrepair64 Youtube: Angelo McCutchen · Goal: We want to inspire the world to understand that they do not have to live with bad credit and that there is something that can be done about improving their credit scores. If you know of anyone that can use this podcast please share it with them. Tags: #Credit, #creditrepair64, #creditbureaus, #creditreport, #money, #home, #homebuyer #creditcards #car #carbuyer #debtbuyer #debtcollectors --- Send in a voice message: https://anchor.fm/angelo-mccutchen/message Support this podcast: https://anchor.fm/angelo-mccutchen/support

Knowing the law and how it works can help you greatly clean up your credit. In this episode we will talk about where credit reports come from who is allowed to see your credit reports what is a credit score and why it's important for you to have copies of your credit report before you try to obtain credit. Learn how the credit bureaus work and why you should not be afraid to send them dispute letters. *Thanks you for listening. If you like the podcast please Rate it 5 stars on Apple Podcast! Much love and have a great day! Follow us “The Credit Repair Show” for daily updates on how to repair your credit. You can support my podcast with a small donation on my Cashapp $Credit1964 · Follow us: Instagram: @creditrepair64 / Twitter: @creditrepair64 / Facebook: Angelo McCutchen /Facebook Group: https://www.facebook.com/groups/creditrepair64 Youtube: Angelo McCutchen · Goal: We want to inspire the world to understand that they do not have to live with bad credit and that there is something that can be done about improving their credit scores. If you know of anyone that can use this podcast please share it with them. Tags: #Credit, #creditrepair64, #creditbureaus, #creditreport, #money, #home, #homebuyer #creditcards #car #carbuyer #debtbuyer #debtcollectors --- Send in a voice message: https://anchor.fm/angelo-mccutchen/message Support this podcast: https://anchor.fm/angelo-mccutchen/support

Knowing the importance of the law and how to use it could really help you clean up your credit. In this episode we will talk about where credit reports come from who is allowed to see your credit reports what is a credit score and why it's important for you to have copies of your credit report before you try to obtain credit. Learn how the credit bureaus work and why you should not be afraid to send them dispute letters. *Thanks you for listening. If you like the podcast please Rate it 5 stars on Apple Podcast! Much love and have a great day! Follow us “The Credit Repair Show” for daily updates on how to repair your credit. You can support my podcast with a small donation on my Cashapp $Credit1964 · Follow us: Instagram: @creditrepair64 / Twitter: @creditrepair64 / Facebook: Angelo McCutchen /Facebook Group: https://www.facebook.com/groups/creditrepair64 Youtube: Angelo McCutchen · Goal: We want to inspire the world to understand that they do not have to live with bad credit and that there is something that can be done about improving their credit scores. If you know of anyone that can use this podcast please share it with them. Tags: #Credit, #creditrepair64, #creditbureaus, #creditreport, #money, #home, #homebuyer #creditcards #car #carbuyer #debtbuyer #debtcollectors --- Send in a voice message: https://anchor.fm/angelo-mccutchen/message Support this podcast: https://anchor.fm/angelo-mccutchen/support

A debt collector must verify the identity of a communication recipient to ensure a right-party contact while also avoiding a disclosure about the existence of the debt to a third-party. Thus, a debt collector must, when asked, provide meaningful information about the purpose of a telephone call to a third-party – even when the third-party refuses to identify herself – without disclosing that the call is an attempt to collect a debt. In the latest episode of the Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman and Mike Poncin are joined by attorney Aylix Jensen who elaborates on her recent, complete victory in Federal Court establishing that a debt collector did not violate the FDCPA by stating it was a “financial services company” calling regarding a “personal business matter” to an unidentified individual – the Plaintiff – who the Court identified as the correct “customer for the account.”

Follow Dan on LinkedIn at linkedin.com/in/cotterdan Follow Pat on LinkedIn at https://www.linkedin.com/in/donald-patrick-eckler-69880814/ Follow the show at: https://www.linkedin.com/company/podium-and-panel-podcast Predictions Sure to Go Wrong: Estate of Van Dyke: affirmed, Cortez: transfer granted and affirmed, and Wadworth: dismissed for lack of standing. The link to the argument in Estate of Van Dyke v. Milner is here: http://multimedia.illinois.gov/court/AppellateCourt/Audio/2021/5th/021821_5-19-0532.mp3 The Domestic Violence Act is here: https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59 The link to the argument in Cortez v. IU is here: https://mycourts.in.gov/arguments/default.aspx?&id=2532&view=detail&yr=&when=&page=1&court=sup&search=&direction=%20ASC&future=False&sort=&judge=&county=&admin=False&pageSize=20 The link to the argument in Audrey Wadsworth v. Kross, Lieberman & Stone, Inc. is here: http://media.ca7.uscourts.gov/sound/external/ds.19-1400.19-1400_02_17_2021.mp3 FDCPA can be found here: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text Pat's post on Estate of Van Dyke v. Milner is here: https://www.linkedin.com/posts/donald-patrick-eckler-69880814_civilprocedure-claims-insurance-activity-6769582212154228736-2Lcm Pat's post on LI about Community Health Network v. McKenzie: https://www.linkedin.com/posts/donald-patrick-eckler-69880814_hipaa-claims-hospital-activity-6755810838164111360-SP-q/ Clearview BIPA challenge: https://www.natlawreview.com/article/breaking-news-clearview-ai-plans-to-take-its-bipa-challenge-over-standing-to-supreme Rule of the Week: Indiana Rule of Appellate Procedure 57 https://casetext.com/rule/indiana-court-rules/indiana-rules-of-appellate-procedure/rules/rule-57-petitions-to-transfer-and-briefs#:~:text=Rule%2057%20%2D%20Petitions%20to%20Transfer%20and%20Briefs%20(A)%20Applicability,Which%20Transfer%20May%20be%20Sought --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app

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

Attorney Caren Enloe provides a quick overview of the CFPB's proposed debt collection rules and their implications for the ARM industry.

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. 

Debt collectors defending against hyper-technical FDCPA lawsuits by consumer attorneys commonly ask the same question: “How could the consumer possibly have been harmed by this supposed violation of the FDCPA?”  The question is especially poignant when the purported FDCPA violation arises from a collection letter the consumer never read or from the language in the collection letter upon which the consumer never intended to rely.  Does the concept of “no harm, no foul” apply to the FDCPA? In this episode of the Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman and Mike Poncin discuss the recent ruling by the Seventh Circuit Court of Appeals in the Casillas matter dismissing an alleged hyper-technical FDCPA letter violation.  They also discuss the recent ruling by the Second Circuit Court of Appeal regarding interest and share thoughts on the CFPB's proposed debt collection rules.

As most debt collectors know, sending any collection notice into Delaware, New Jersey or Pennsylvania (the States with Federal Courts in the Third Circuit) will likely result in an FDCPA class action lawsuit against the debt collector.  Typically these lawsuits assert that the validation language used in the collection letter does not require the consumer to communicate disputes in writing only allegedly in violation of the FDCPA.  While several appeals on this issue are pending and consolidated before the Third Circuit Court of Appeals, a decision from the Third Circuit in 2017 may provide guidance on how it will rule in favor of the debt collectors.   In the most recent episode of the Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman and Mike Poncin are joined by their colleague, attorney Aylix Jensen, to discuss the Third Circuit validation issues, including the Jewsevskyj case, compliance with the new California privacy law (the CCPA) and credit reporting accounts in bankruptcy (see recent article on this issue http://www.insidearm.com/news/00044941-credit-reporting-debts-bankruptcy-deluge-/)

Debt collectors face an historic onslaught of FDCPA cases in Pennsylvania (and to a lesser extent New Jersey), all of which allege that statutory language in collection letters which tracks the FDCPA somehow violates the law.  The Courts in these cases take the position that a consumer must be apprised that a dispute must be in writing to be effective, even though this position is contrary to the plain language of the FDCPA and rulings by the Second, Fourth and Ninth Circuit Courts of Appeal.  This issue has been addressed extensively in InsideARM:  http://www.insidearm.com/news/00044725-22m-settlement-proposed-fcra-case-pulling/ http://www.insidearm.com/news/00044669-open-letter-cfpb-1692g-issues-within-thir/ In this episode of the Debt Collection Drill podcast, attorneys John Rossman and Mike Poncin directly address whether debt collectors should change notices sent into Pennsylvania and also discuss the impact of the settlement in the Crunch v. Marks decision along with the recent California out-of-statute disclosure.

Collectors frequently point to contradictory language among the FDCPA and other statutes as proof that standardized debt collection rules are needed in this industry.  However, even in an industry where consumer attorneys frequently make "creative" arguments, it is rare to see a claim that the FDCPA itself contains contradictory language. In a number of recent cases, consumer attorneys are arguing that the validation language from the statute – the same language collectors have been using since the FDCPA was enacted in 1977 -- is now somehow unclear and confusing.   Specifically, consumer attorneys argue that the first sentence of the validation notice (relating to disputes), which does not contain an "in writing" requirement, contradicts the second sentence of the notice, which does require a written request from the consumer to receive verification.  Unfortunately, two Courts in New Jersey within the past year sided with the consumers in denying debt collectors' motions to dismiss on this issue.  Two more cases on the issue – on which the debt collectors prevailed – are pending before the Third Circuit Court of Appeals.  In this episode of the Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman and Mike Poncin examine the recent cases alleging that the standard validation language violates the FDCPA and provide guidance for debt collectors seeking to avoid liability on this issue. 

Debt collectors were given clarity regarding two thorny FDCPA issues recently by decisions issued from the Seventh Circuit Court of Appeals.  In the case of Portalatin v. Blatt, the Court held that a consumer was entitled to a single recovery of an FDCPA statutory penalty rather than multiple recoveries for the same alleged violation from each Defendant.  This issue of Plaintiffs seeking to “stack” recoveries for the same alleged violations from multiple Defendant is now finally resolved in favor of the debt industry.  The Seventh Circuit also held in Dunbar v. Kohn that that sentence “This settlement may have tax consequences.” did not violate the FDCPA, thus joining the numerous other Court that held this language complies with the law.  In the latest episode of the Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman and Mike Poncin discuss the Portalatin and Dunbar decisions in addition to strategies for debt collectors to avoid FDCPA on debt collection communications regarding interest and out-of-statute disclosures.  Links to the Seventh Circuit Court of Appeals rulings in Portalatin and Dunbar can be found below. http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-13/C:16-1578:J:Manion:aut:T:fnOp:N:2201521:S:0 http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D07-19/C:17-2134:J:Sykes:aut:T:fnOp:N:2189247:S:0

Consumers using scripts to bait debt collectors into FDCPA violations is certainly nothing new.  InsideARM has been publishing articles about this issue for years: https://www.insidearm.com/news/00006606-five-signs-that-a-debtor-is-trying-to-ent/ While the practice of consumers baiting collectors into FDCPA violations is well-established, the specific techniques and scripts used continue to change and evolve.  A new script and technique for baiting collectors into FDCPA violations is sweeping across the country about which all debt collectors should be aware.   In the latest episode of the Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman http://www.lawmoss.com/john-rossman/ and Mike Poncin http://www.lawmoss.com/michael-s-poncin/ discuss this latest call baiting strategy and provide specific steps debt collectors can take to avoid an FDCPA violation when faced with a consumer using this script.  Attorneys Rossman and Poncin also discuss the “new frontier” of debt collectors using text messages and how to potentially overcome the regulatory and legal hurdles with use of this technology. 

Just a few years ago, many in the collection industry were wringing their hands in frustration: the Douglass decision on innocuous information appearing in the windows of envelopes spawned hundreds of class action lawsuits; claims regarding the tax implications of settlements, voicemail message content and call frequency were on the rise; and, lawsuits with collection calls “scripted” by consumer attorneys were being filed nearly every day.  Today, all of these issues are (mostly) in the past as debt collectors focus even more heavily on compliance and a number of positive Court decisions put to rest questionable legal theories upon which these FDCPA cases relied.  However, it is only a matter of time before new theories arise. In the latest episode of the Debt Collection Drill, Moss & Barnett attorneys John Rossman http://www.lawmoss.com/john-rossman/ and Mike Poncin http://www.lawmoss.com/michael-s-poncin/ explore how the FDCPA landscape shifted and identify ways in which collectors can avoid being caught in the inevitable next wave of FDCPA lawsuits. 

Consumer attorneys subjected debt collectors to a barrage of FDCPA lawsuits, especially in New York and New Jersey, on collection letters in 2017.  This trend will continue, and likely accelerate, in 2018.  Debt collectors hoping for relief from the Courts on the latest consumer attorney claims regarding collection letters may get some clarity in the near future.  The Second Circuit Court of Appeals recently considered oral arguments on the issue of whether a debt collector must disclose when interest is not accruing on an account in the Taylor case.  A decision is expected in the Taylor case within the next year.  Also, a recent decision from New Jersey held that validation language in a collection letter that tracks verbatim the wording of the FDCPA somehow violates the FDCPA.  An appeal to the Third Circuit Court of Appeals in that case is expected.  In addition, the Third Circuit Court of Appeals recently issued an opinion on whether use of the word "settlement" in a collection letter violates the FDCPA. In the latest episode of the Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman http://www.lawmoss.com/john-rossman/ and Mike Poncin http://www.lawmoss.com/michael-s-poncin/ discuss these recent cases affecting debt collection letters and specific strategies that agencies can implement today.  

Last week we covered the top 3 credit repair scams and tactics that are highly illegal and will land you in the slammer! This week we cover legit credit repair strategies that are effective, ethical, and allow you to sleep at night knowing you won't end up in jail! A great compliment to Episode 3: How to build or re-build your credit history! In a nutshell, Credit Repair is best used when grounded in facts, and there is alot of crap out there! We came across some section 609 bogus disputes that is marketed as a loophole and when you actually look into it....it's not a loophole. In fact we busted out the FCRA and looked at section 609 and it says NOTHING in the language that remotely resembles what they are claiming it resembles.  Other subjects covered in this episode are :  1.) The Anatomy of a Credit Repair Dispute Letter 2.) A debt validation letter - what it is, and how to best use it! 3.) The truth about the "30 day period" and what actually happens if the credit bureaus don't respond within 30 days 4.) How to avoid having your dispute letter kicked back as "frivolous"   Link to the FCRA act: https://www.ftc.gov/system/files/fcra_2016.pdf Link to the FDCPA: https://www.ftc.gov/system/files/documents/plain-language/fair-debt-collection-practices-act.pdf   Claim your free dispute letters:  If you are here to claim your free credit repair dispute letter please email us at TheExtraCreditShow@gmail.com (we will email you the letter)....we couldn't figure out how to link the letters up on this site......ooops!   The Extra Credit Show is a show hosted by Ex-Debt Collection Agency Executive and Consumer Credit Expert Anselmo Moreno and his business partner Richard David. They have been in the consumer credit consulting and credit repair business since 2005. They often found themselves talking to each other about the current state of consumer credit, debt, credit bureaus etc. - take a listen to the minds of two passionate long time credit repair experts.   Available on Itunes, Stitcher, Google Play, and everywhere Podcasts are found.   Instagram: @TheExtraCreditShow Facebook: www.facebook.com/TheExtraCreditShow Web: www.TheExtraCreditShow.com    Watch the show on YouTube: https://youtu.be/OQLsrEDSL1I Contact: TheExtraCreditShow@gmail.com      

Debt collectors that accept recurring payments over the phone know that Federal laws – specifically Regulation E, the Electronic Funds Transfer Act and the E-Sign Act – provide guidelines for consent and disclosures.  insideARM first featured an article on those issues in January 2013: https://www.insidearm.com/news/00003889-legal-headaches-of-check-by-phone-payment/ Since that time, the CFPB issued guidance on these issues in November 2015, stating:  Regulation E may be satisfied if a consumer authorizes preauthorized EFTs by entering a code into their telephone keypad, or, Supervision concluded, the company records and retains the consumer's oral authorization, provided in both cases the consumer intends to sign the record as required by the E-Sign Act.  http://files.consumerfinance.gov/f/201511_cfpb_compliance-bulletin-2015-06-requirements-for-consumer-authorizations-for-preauthorized-electronic-fund-transfers.pdf The CFPB guidance follows common sense and tracks consumer expectations: if a consumer consents verbally to recurring payments, and the debt collector records and maintains that consent, the law is satisfied.  Despite the clear CFPB directive allowing verbal consent for recurring payments, consumer attorneys continue to bring lawsuits against debt collectors asserting that verbal consent violates the law.  In the absence of guidance from a Court of Appeals on the issue, the lawsuits against debt collectors – with uncertain outcomes in the Courts -- will continue.  Further, these lawsuits undermine the ability of both consumers and debt collectors to rely upon interpretations of the law from the CFPB.   In this episode of the Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman http://www.lawmoss.com/john-rossman/ and Mike Poncin http://www.lawmoss.com/michael-s-poncin/ are joined by special guest Mike Etmund http://www.lawmoss.com/michael-t-etmund/ to discuss a recent case  addressing whether verbal authorization for recurring payments is sufficient.  Also discussed in this episode are newer cases on the Spokeo requirement that a Plaintiff must suffer a “concrete injury in fact” to maintain an FDCPA case and the status of the CFPB arbitration rule.

Sid and Joe review the week's three Supreme Court decisions (only one of which amounts to much),  the Fourth Circuit's 200-page decision holding that the Trump administration travel ban is unconstitutional and illegal, Joe interviews Supreme Court litigator Doug Geyser about last week's most significant Supreme Court case (Midland Funding v. Johnson), and the dubious bulk debt industry generally; beyond that, Sid and Joe answer your listener questions, including whether or not Justice Thomas has turned over a new leaf on race by ruling against North Carolina in this week's gerrymandering case (hint: probably not); whether Justice Gorsuch's desire for an oral argument in this week's summary affirmance of a campaign finance decision means that he hates all campaign finance laws (hint: probably not); and whether Mike Flynn's decision to take the Fifth and refuse to testify to congress about Russia means that the investigation is over (hint: not by a long shot). Give it a listen, and keep it legal!

Ron March and Beverly D...Fair Debt Collection Practice Act....Listen and Learn