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Landmark Victory! Debt Collector Did Not Deceive Debtor Who Refused to Give Name

A debt collector must verify the identity of a communication recipient to ensure a right-party contact while also avoiding a disclosure about the existence of the debt to a third-party.  Thus, a debt collector must, when asked, provide meaningful information about the purpose of a telephone call to a third-party – even when the third-party refuses to identify herself – without disclosing that the call is an attempt to collect a debt.

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Collection System Capabilities & Regulation F: Telrock Survey Results

Based on Telrock's technology survey of the industry, this report summarizes survey results and key insights from collections organizations with varying operation sizes and debt types. Learn how the industry responded by downloading the whitepaper here.

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Why You Need an FCRA Compliance Manual and What It Should Include

Fair Credit Reporting Act (FCRA) lawsuits have been on the rise. In 2020, FCRA lawsuits increased by 5.3% over 2019, outpacing lawsuits filed under the Fair Debt Collection Practices and the Telephone Consumer Protection Act, which were down -17.6% and -3.3%, respectively.1 This trend will likely continue, and with the Consumer Financial Protection Bureau stepping up enforcement actions it is more important than ever for background screeners to review and improve their FCRA compliance procedures. This should start with a FCRA Compliance Manual.

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Convoke Introduces Consumer Call Recording Fulfillment

ARLINGTON, Va. -- Convoke, a leader in SaaS solutions for the debt collection market, is pleased to announce significant updates it has made to its collections intelligence platform. Each year, Convoke develops and releases multiple new and expanded features to its platform to support its clients' evolving needs.

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ERC Obtains 2 Dismissals in One Day; Court Criticizes Plaintiff’s “Cookie-Cutter” Complaints.

It seems at least one judge in the Eastern District of Wisconsin appears to be tired of reviewing repeated meritless claims. On March 29th, in two strongly worded Orders, Judge Brett H. Ludwig dismissed two cases filed on behalf of consumers by the Law Office of Paul Strouse against Enhanced Recovery Company, LLC (ERC) and other defendants. Further, the consumer’s Counsel has been ordered to show the court in each case why he should not be sanctioned. The cases are Herron v. Credit One Bank, et al., case #20-cv-0844 (E.D. WI) which can be found here, and Butler vs. 1st Franklin Financial Corporation, et al., Case #20-cv-0842 (E.D. WI) which can be found here.

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ICYMI: New York DFS Settles With Mortgage Lender for Failing to Report Data Breach

In case you missed it, on March 3, 2021, the New York Department of Financial Services (NY DFS) issued a press release stating that Residential Mortgage Services, Inc. (“RMS”) will pay a $1.5 million penalty to New York State for failing to report a 2019 security breach. The breach at issue consisted of unauthorized access to an RMS employee's email account who had access to a significant amount of mortgage loan applicants' personal data.

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New Mexico Law Targets Healthcare Collections

On April 5, 2021, New Mexico Governor Michelle Lujan Grisham signed the Patients Debt Collection Practices Act (Act) into law. The Act lays out several new requirements for healthcare providers, debt buyers, and collection agencies that collect medical debt. The full text of the Act, which goes into effect July 1, 2021, can be found here.

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When Each Contact Counts: Meeting the CFPB 7x7 with Intelligent Contact Data

12 May 2021 at 01:00 p.m.

The new CFPB Regulation F sets limits on the number of debt collection contact attempts and communications to seven times per each particular debt per week. More than ever, every contact must count.

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