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ARM Insider - The Debt Industry's Most-Trusted Daily

Collection Agency Fights the Good Fight (and Wins!)

Debt collection is clearly one of the most heavily regulated industries in the United States.  Federal, State and local regulators place onerous, duplicative and often confusing requirements on companies seeking to collect debts.  Further, when collection agencies comply with the myriad of laws, many face lawsuits from consumer attorneys claiming that the attempts at compliance somehow violate the law.  

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U.S. District Court in Ind. Rules 1099(c) Disclosure by Collection Agency is Not Misleading

In a recent opinion issued by the U.S. District Court for the Southern District of Indiana in Everett v. Financial Recovery Services, Inc. (United States District Court, S.D. Indiana, Case No. 16-01806), Judge Jane Magnus-Stinson granted a Joint Motion to Dismiss by collection agency Financial Recovery Services, Inc. (FRS) and its client, LVNV Funding, LLC (LVNV), for failure to state a claim under the Fair Debt Collection Practices Act (FDCPA). Plaintiff had alleged that the defendants had violated the FDCA because of a misleading communication regarding potential tax consequences.

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New: Compliance Professionals Forum (CPF) releases report on collector incentives

The December Benchmark Report from CPF (out now!) details how industry firms handle employee incentives. The January Benchmark Report (out later this month) covers call monitoring. Benchmark reports are for members only. Get critical intel on emerging industry practices, avoid exam surprises and give yourself the best information for your best decisions - join CPF today.

CPF members: get the employee incentives report right here.

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