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Ninth Circuit Puts New Limits on Aggregate Statutory Awards Following Remand of Nearly $1 Billion TCPA Judgment

In Wakefield v. ViSalus, Inc., the Ninth Circuit considered whether a jury verdict of $925,200,000 for cumulative statutory damages under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) was constitutional in light of its harsh severity.  After a three-day trial, the jury delivered a verdict against ViSalus, finding that it sent over 1.8 million prerecorded calls to class members without prior express consent, in violation of the TCPA.   As the TCPA sets the minimum statutory damages at $500 per call, the total damage award against ViSalus was a staggering $925,220,000.

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Case Study: How Credit Service Company Used Business Intelligence to Increase Revenue without Increasing Effort 

Credit Service Company needed to find a new, more efficient strategy without hiring in new resources or risking recovery rates. In this new 5-minute video case study from Intelitech Group, find out how Credit Service Company was able to reduce effort, uphold compliance, and increase revenue by incorporating collection analytics and improved account scoring into their workflow. 


See it here.
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Collections Industry Sees Significant Split Between Large and Small Firms’ Investments in Customer Contact Channels

CHICAGO, Ill. -- More than one in three (37%) collections firms are now using text/SMS messaging — a modest increase from last year when 31% were utilizing this communications channel with consumers. A different story emerges when broken out by large firms (100k or more accounts) and small firms (fewer than 100k accounts).  While more than half (56%) of large firms now utilize text/SMS messaging, only 17% of small firms have adopted the channel.

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Text Messages Are Still Not Voices

Good news! At least as of now…

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Sold Out Women in Consumer Finance Conference Kicks Off Today

PALM SPRINGS, Calif. -- The fifth annual Women in Consumer Finance (WCF) conference is officially underway. The event sold out a month in advance with over 400 women from across financial services signing up for the three-day experience. It is the largest attendance the conference has drawn to date. Attendees will participate in unique networking opportunities, build authentic connections, and develop business and leadership skills while in Palm Springs.

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FCC Rules Ringless Voicemails Require Consent

On November 21, 2022, the Federal Communications Commission (FCC) issued a Declaratory Ruling and Order finding that companies must obtain consent before sending a “ringless voicemail” to a consumer’s phone because it constitutes a “call” made using an artificial or prerecorded voice and is subject to the provisions of the Telephone Consumer Protection Act (TCPA). “Ringless voicemails” are messages sent directly to voicemail inboxes without first triggering a call ringtone. The FCC found the calls should be regulated under the artificial or prerecorded voice prong of the statute, mooting any inquiry as to whether the “ringless voicemails” are sent with an automatic telephone dialing system.

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CRC to FTC: Focus on Existing Laws not Creating Overlapping Regs

Earlier this year, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking to crack down on harmful commercial surveillance and lax data security. The proposed rule included a broad definition of “commercial surveillance," which, if left unchanged, would prevent debt collection industry participants from providing consumers with the information they request and require to engage in financial transactions. On November 21, 2022, the Consumer Relations Consortium (CRC) submitted comments to the FTC explaining that other laws and regulations cover these objectives for the financial services industry.

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