I’m thrilled to announce that Bedard Law Group is the new sponsor for the Compliance Digest. Bedard Law Group, P.C. – Compliance Support – Defense Litigation – Nationwide Complaint Management – Turnkey Speech Analytics. And Our New BLG360 Program – Your Low Monthly Retainer Compliance Solution. Visit www.bedardlawgroup.com, email John H. Bedard, Jr., or call (678) 253-1871. Every week, …
Read More »DFPI Issues Draft Rules to License Four New Types of Industries, Including Debt Settlement Providers
The California Department of Financial Protection & Innovation is seeking comments on a proposed rulemaking that would require four different industries to be registered with the state in order to operate — debt settlement services, student debt relief services, education financing, and wage-based advances. Comments on the proposed rulemaking are …
Read More »Judge Grants $71k in Legal Fees in FDCPA Case
A District Court judge in New Jersey has granted a plaintiff’s motion for more than $71,000 in attorney’s fees — exactly what the plaintiff was asking for — after the plaintiff agreed to an offer of judgment in a Fair Debt Collection Practices Act case. A copy of the ruling …
Read More »CFPB Releases Guidance For Dealing with Former Employees
One of the new shows I have watched and enjoyed recently is “Dopesick,” a limited series about the opioid crisis and how the drug was sold by its manufacturer. The series details a number of situations where individuals working for branches of the federal government end up working for the …
Read More »Judge Partially Grants MSJ for Defendant in Itemized Debt Case
A District Court judge in Pennsylvania has partially granted and partially denied a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act and Telephone Consumer Protection Act case that may offer a glimpse into how judges are going to address itemized debts once Regulation F goes into …
Read More »Judge Grants MTD in FDCPA Case Over Settlement Offer in Letter
Have you ever heard the phrase, “Never look a gift horse in the mouth?” If you had owed someone more than $3,500 and were sent two letters offering you the opportunity to settle that debt for 25% of what you owed, would you take the deal? Or would you turn …
Read More »Judge Grants Defendant’s MSJ in FDCPA Case Over Alleged SOL Violation
Questions about which statute of limitations can apply to different types of debt can plague a collection operation. Take retail-branded credit cards, for example. In the case below, there is a genuine issue whether the statute of limitations on retail-branded credit cards is four years, or six years. A District …
Read More »Eleventh Circuit Announces En Banc Rehearing in Hunstein Case
The Eleventh Circuit Court of Appeals announced today that the entire panel of judges will rehear arguments en banc in the Hunstein v. Preferred Management & Collections case, vacating the opinion that was issued last month, and giving the industry hope that the case may be reversed. A copy of …
Read More »State Appeals Court Reverses Ruling, Puts Agency on Hook for Debtor’s Legal Fees
For companies in the accounts receivable management industry, knowing when to settle a lawsuit or continue defending it is a decision that is never simple or straightforward. Settle and you save money now, but possibly paint a target on your back for more lawsuits. Fight and you may stop future …
Read More »Bedard Breaks Down Sending MVN in Other Languages
America is a melting pot of cultures and backgrounds. And that means that a lot of the people living here in the United States came from places where English wasn’t the primary language that was spoken. Take me, for instance. Being Canadian, it took a lot for me to learn …
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