Here at CPW, we’ve covered many decisions addressing the need for Article III standing when pleading a claim in federal court. A recent decision out of the Seventh Circuit is the latest to affirm that requirement, this time under the Fair Debt Collection Practices Act (“FDCPA”). In Markakos v....
Here’s a bit of good news in an otherwise chaotic week for the accounts receivable industry: On April 13, 2021, in the case of Anderson v. I.C. System, Inc., 3:20-cv-00263 (W.D. Wis. April 13, 2021), a district court granted summary judgment in a debt collector’s favor on a bona fide error...
With Facebook neutralizing most TCPA ATDS claims, understanding the DNC rules—including the dense CFR requirements— is more important than ever. Well, a court in Pennsylvania just quietly saved TCPAWorld from a massively dangerous new theory, and—per usual—we’re the only ones talking about it....
Several recent decisions show courts are enforcing the need for plaintiffs to prove tangible statutory harm in order to meet standing requirement. Ever since the U.S. Supreme Court’s 2016 decision in Spokeo Inc. v. Robins, debt collectors have held out hope that courts would begin limiting the...
As a passionate advocate for the accounts receivable management (ARM) industry, I have a growing concern about the misinformation flooding the marketplace related to the requirements of Regulation F in the final Consumer Financial Protection Bureau (CFPB) debt collection rule. Frankly, I’m shocked...
Training new collectors is relatively the same whether it is being done in person or remotely, but the other aspects of bringing in new employees are not so easily replicated when those individuals are not in the office together, and companies need to make sure to focus time and attention on...
The term “early out entity” is generally defined as a third party that performs business office services (“extended office services” or “EBO services”) on behalf of hospitals and other medical service providers on non-delinquent patient accounts. An early out entity receives the accounts for...
The practice of using a mail house to send demand letters to consumers is up for debate in the 11th Circuit Court of Appeals. In 2019 insideARM first brought you the case of Hunstein v. Preferred Collection & Mgmt. Servs., No. 8:19-cv-983 (M.D. Fla. Oct. 29, 2019) upon its dismissal with...
The Consumer Financial Protection Bureau is looking to delay the implementation dates of the Qualified Mortgage and debt collection rules and will resume collecting data on home loans, credit cards and prepaid cards. Acting CFPB Director Dave Uejio wrote in a blog post late Wednesday that the CFPB...
Imagine you are a juror selected to sit for a case in which the plaintiff contends that the defendant debt collector violated certain provisions of the Fair Debt Collection Practices Act (“FDCPA”). You and your fellow jurors find that the plaintiff established a prima facie case for a violation...
In December 2020, the United States Court of Appeals for the Seventh Circuit issued six opinions addressing Article III standing issues related to violations alleged under the Fair Debt Collection Practices Act (“FDCPA”). These opinions revisit the Supreme Court’s decision in Spokeo, Inc. v....
Training collectors, whether they be new hires or seasoned veterans in need of a refresher, is an expensive process for collection agencies. Not only does the trainer have to be paid, but every minute that a collector is not on the phone trying to collect is lost money. On top of that, training...