Welcome to The Debt Collection Drill

Moss & Barnett is pleased to present The Debt Collection Drill. The podcast featuring Moss & Barnett Shareholders John Rossman and Mike Poncin providing sage tips for improving collections and compliance.

 

Consumers Bait Collectors With New Script to Manufacture FDCPA Claims

The use of “scripts” by consumers to bait telephone debt collectors into alleged FDCPA violations is a calculated strategy dating back more than 10 years. Typically a consumer obtains such a script from a consumer attorney or from a website.  The consumer will then make ...

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Debt Collectors Sued for Not Assessing Interest . . . Seriously?!?

The issue of debt collectors assessing interest on accounts was contentious and extensively litigated over the past decade. Courts, regulators and consumer advocates are uniformly opposed to debt collectors assessing interest except in specific circumstances. The Second Circuit Court of Appeals decision in Avila in ...

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Collection Agency Sued for Including Too Many Disclosures in Letter Wins Case

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 ...

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Should Debt Collectors Email Consumers?

The issue of whether debt collectors may email consumers is finally being given serious consideration by regulators.  A prescient article written by Rozanne Andersen in 2011 is the most comprehensive document on the topic of debt collection emails.  New York regulators took the next step ...

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What Collectors Really Need to Know About the CFPB’s Proposed Rules

On July 28, 2016, the CFPB released an outline of its proposed rules regarding debt collection.  The outline is the next step in the first ever rulemaking in the nearly 40 year history of the FDCPA.  Attorneys John Rossman and Mike Poncin examine some of ...

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FDCPA Victory in Class Action Letter Case:What It Means for the Industry

Debt collection letters continue provide an expansive target for FDCPA and related lawsuits due to the panoply of Federal and State disclosure requirements for such letters. Further, the Court cases interpreting these requirements are in constant flux and new decisions sometimes contradict previous rulings. In ...

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