The U.S. Court of Appeals for the Ninth Circuit recently affirmed the trial court’s dismissal of a putative class action suit brought under the federal Telephone Consumer Protection Act because another panel of the Ninth Circuit had previously held that an autodialer must generate and dial random...
Starting in late 2020, the national media and consumer advocates published panicked warnings about debt collectors flooding consumers with unwanted text messages, emails and messages on social media in attempting to collect debts after implementation of Regulation F: Debt collectors will soon be...
Christopher Rickman and McKenzie Rickman of Peak Revenue Learning sat down with Colene McNinch, Partner and Chief Compliance Officer at M&G Solutions to discuss training and how vital it is to a skilled and compliant workforce. Training is a fundamental aspect of a sound Compliance Program and...
In a new blog post published on the Consumer Law & Policy Blog, Professor Jeff Sovern advocates very strongly in support of interpreting the “unfairness” prong of UDAAP to encompass discrimination in connection with credit and non-credit consumer financial products and services offered by...
Companies have had to get creative during the past couple of years, starting with the outbreak of the COVID-19 pandemic and now dealing with the impact of The Great Resignation, and while technology has helped offset shortages in labor or changes to workflows, thinking outside of the box is also...
As we’ve covered repeatedly on TCPAWorld, one of the most unfair things about this whacky TCPAWorld of ours is that individual employees, officers, and directors of companies that violate the TCPA can be sued directly for conduct they took on behalf of their employer. So the CEO, the guy in charge...
There is a lot of muscle memory in being a debt collector. From the time you begin training to the many similar phone conversations that are had day in and day out, there is a lot of repetition. It can be tough to unlearn certain behaviors and it can be easy to fall back into old habits. This has...
An Ohio district court granted a debt collector’s motion for summary judgment, finding that an allegation of 19 calls over a one-year period without any evidence that the calls were intended to annoy, abuse, or harass the consumer did not violate the FDCPA. Background:A consumer sued a debt...
Conversations between collectors and consumers are like snowflakes, in that each of them are unique and one-of-a-kind in their own way. Consumers can be hostile, skittish, uncertain, embarrassed, aggressive, confused, or some combination of any or all of those emotions. Making any of those types...
The limited content message exception in the CFPB’s Reg F presents an opportunity to strengthen your brand, which ACA attorney member Tricia Ann-Olson Zachary will cover in a Hot Topic webinar Aug. 5. Here, she explains why branding is important—especially now—in the ARM industry. Many years ago,...
Well this is a big one. In the best analyzed post-Facebook ATDS decision to date, a Court in South Carolina has ruled the Aspect predictive dialer is not an ATDS because it lacks a random or sequential number generator. The decision is Timms v. USAA Fed. Sav. Bank, C/A No. 3:18-cv-01495-SAL, 2021...
It might not seem like much until you sit down and actually quantify it, but hiring a job applicant who is not a good fit for your company can be a very costly mistake. Not just in the money that you spend on screening, training, and compensating the employee, but the money it takes to screen,...