Small businesses should evaluate what works best for their needs and employees, regardless of policies from big companies. As the coronavirus surges during a fourth wave, companies are scrambling to keep their workplaces safe. With news that the Pfizer vaccine has now obtained full Food and Drug...
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...
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...
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...