Articles

Clear and Present Danger?: New Ruling Highlights TCPA Perils Faced by Providers of Autodialer and Mass Message Services

It is a truism in this great nation of ours that weapons don’t kill people, people do. So weapons manufacturers are rarely, if ever, liable for their sale—even if some remarkably high number of those weapons will eventually be used for illegal conduct. The second amendment, of course, assures that all Americans have the right to bear arms as long as they are part of a well-regulated, state-run militia. So… there.

WebRecon Stats for April 2019: Lawsuits up, YTD trends remain the same

For the first time since January, all lawsuit categories were up in April (FDCPA +11.5%, FCRA +22.3%, TCPA +1.7%) though CFPB complaints were down (fairly dramatically at -21.3%) from the prior month.   FDCPA (-8.3%) and TCPA (10.9%) are still trending down YTD while FCRA is back trending up YTD (+5.3%) after briefly dipping into negative YTD territory last month.

Consumer bureau proposes rule to curb debt collector harassment

The Consumer Financial Protection Bureau (CFPB) on Tuesday proposed a rule meant to curb harassment by debt collectors with hard limits on how and when debtors can be contacted by collection agencies.   The proposal from the CFPB also bars debt collectors from taking certain actions that could harm debtors’ credit ratings or lead to costly litigation between debtors and collectors.

Consumer Financial Protection Bureau Proposes Regulations to Implement the Fair Debt Collection Practices Act

WASHINGTON, D.C. – Today the Consumer Financial Protection Bureau (Bureau) issued a Notice of Proposed Rulemaking (NPRM) to implement the Fair Debt Collection Practices Act (FDCPA). The proposal would provide consumers with clear protections against harassment by debt collectors and straightforward options to address or dispute debts. Among other things, the NPRM would set clear, bright-line limits on the number of calls debt collectors may place to reach consumers on a weekly basis; clarify how collectors may communicate lawfully using newer technologies, such as voicemails, emails and text messages, that have developed since the FDCPA’s passage in 1977; and require collectors to provide additional information to consumers to help them identify debts and respond to collection attempts.

Convoke Named One of Virginia’s Fastest Growing Companies for 2019

ARLINGTON, Va.May 7, 2019 /PRNewswire/ — Convoke, a leader in SaaS solutions for the debt collection market, has been named one of Virginia’s Fantastic 50 Companies by the Virginia Chamber of Commerce for the third year in a row.  Virginia’s Fantastic 50 award program is a signature event of the Virginia Chamber of Commerce and is the only annual statewide award recognizing Virginia’s fastest growing businesses.

DO YOU KNOW OF OLD, UNCOLLECTED JUDGMENTS?

Germantown, MD. –Companies often sit on hundreds, or even thousands, of commercial judgments. After years of collection efforts, many of these judgments are left uncollected with little value remaining to the company. Now, however, there is a new market for generating ‘found money’ from these stale judgments. Kaulkin Ginsberg Company (KGC) represents a widely recognized leader in purchasing bankruptcy remnant assets that is looking to pay immediate cash for portfolios of old, commercial judgments, including those against defunct, dissolved, or illiquid businesses.

Feds’ Consumer Watchdog Agency Is Legal, Ninth Circuit Rules

(CN) – An agency with limited quasi-judicial powers is constitutional, despite having a director – currently President Donald Trump appointee Kathy Kraninger – who can only be removed by the president for inefficiency, neglect of duties or malfeasance, the Ninth Circuit ruled Monday.   At issue is the Consumer Financial Protection Bureau, which was created in 2010 through passage of the Consumer Financial Protection Act by Congress. The bureau is housed in the Federal Reserve, but has the authority to investigate and administratively punish financial wrongdoing.

In Senate Testimony, FTC Highlights Work to Protect Consumers, Promote Competition

In testimony before the Senate Appropriations Subcommittee on Financial Services and General Government, the Federal Trade Commission described its work to protect consumers and promote competition through vigorous enforcement, education, advocacy, and policy work, and by anticipating and responding to changes in the marketplace.

This National Small Business Week, the focus is on cybersecurity

It’s National Small Business Week, a time when we celebrate the businesses that make our communities thrive. For the FTC, it’s an opportunity to let business owners know that when it comes to protecting your business from cyber threats, you’re not alone. The federal government has resources to help you address common cyber threats and create a culture of cybersecurity at your company. The materials at FTC.gov/Cybersecurity were introduced last year in cooperation with DHS, NIST, and the SBA. They include videos, interactive quizzes, and fact sheets on these topics:

Berger hits bankers back in new letter to CFPB

In response to a letter from two bank trade associations, NAFCU President and CEO Dan Berger urged CFPB Director Kathy Kraninger to “exercise its statutory exemption authority more effectively to exclude credit unions from burdensome regulations that are meant to target bad actors in the financial services industry.”