Compliance

Convenience fees are a controversial topic in the ARM industry. And judging by the interest and inquiries from individuals in the business who attended a webinar last week on the topic, there is a lot of confusion as well. The webinar, sponsored by BillingTree, aimed to provide an overview of …

The Ninth Circuit Court of Appeals has reinstated a Telephone Consumer Protection Act case after more than 300 collections calls that were made to an individual after she had revoked consent to be contacted. A copy of the ruling, in the case of Romero v. Department Stores National Bank et …

Speaking to a group of state attorneys general earlier this week, Mick Mulvaney, the acting director of the Consumer Financial Protection Bureau, again laid out his more relaxed enforcement plan for the agency, and added that he will be relying on AGs to pick up the slack when it comes …

The law firm of Troutman Sanders has linked to a case where a collection agency was granted summary judgment after being accused of misleading the plaintiff in a class-action suit alleging a violation of the Fair Debt Collection Practices Act. The issue in the case was an alleged discrepancy over …

Jeff Sovern, a law professor at St. John’s University, and one of the authors of the Consumer Law & Policy Blog, has an interesting question: When will the Consumer Financial Protection Bureau announce its first enforcement action under acting director Mick Mulvaney? Mulvaney has been acting director for more than …

Including other means of contacting a debt collector, such as a phone number or website address, in a validation notice, is not enough to confuse the least sophisticated debtor when it comes to requiring that a dispute must be filed in writing, a federal judge in New Jersey has ruled. …

A proposed settlement has been reached in a Telephone Consumer Protection Act class-action lawsuit against JPMorgan Chase after the financial services company was accused of continuing to make robocalls to collect on mortgages and home equity lines of credit after individuals had orally revoked consent. Under the terms of the …

Compliance in the area of taking payments and payment processing is a patchwork of state and federal rules, regulations, and laws, coupled with legal precedents and requirements from clients that can make even the most experienced executive run for the hills. And even when a collection agency has designed a …

The Sixth Circuit Court of Appeals has reversed a lower court decision and dismissed a lawsuit against a law firm after plaintiffs alleged a violation of the Fair Debt Collection Practices Act because a letter acknowledging that that plaintiffs did not have to pay the remaining balance on their defaulted …

Just about every letter of the alphabet, including some of them multiple times, is used to abbreviate an audit for a collection agency, it feels like these days. The number of internal audits, combined with the number of third-party audits that clients and regulators are pushing down on collection agencies, …