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.

 

New Consumer Strategy for Baiting FDCPA Violations And Use of Text Messages in Debt Collection

Consumers using scripts to bait debt collectors into FDCPA violations is certainly nothing new.  InsideARM has been publishing articles about this issue for years: https://www.insidearm.com/news/00006606-five-signs-that-a-debtor-is-trying-to-ent/ While the practice of consumers baiting collectors into FDCPA violations is well-established, the specific techniques and scripts used continue to change and ...

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Collectors Finally Winning FDCPA Cases: Is the Tide Turning or is Something Lurking

Just a few years ago, many in the collection industry were wringing their hands in frustration: the Douglass decision on innocuous information appearing in the windows of envelopes spawned hundreds of class action lawsuits; claims regarding the tax implications of settlements, voicemail message content and ...

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Radical Law Changes for Collection Letters in 2018

Consumer attorneys subjected debt collectors to a barrage of FDCPA lawsuits, especially in New York and New Jersey, on collection letters in 2017.  This trend will continue, and likely accelerate, in 2018.  Debt collectors hoping for relief from the Courts on the latest consumer attorney ...

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Verbal Authorization for Recurring Payments – Ask Yourself One Question: “Do I Feel Lucky?”

Debt collectors that accept recurring payments over the phone know that Federal laws – specifically Regulation E, the Electronic Funds Transfer Act and the E-Sign Act – provide guidelines for consent and disclosures.  insideARM first featured an article on those issues in January 2013: https://www.insidearm.com/news/00003889-legal-headaches-of-check-by-phone-payment/ Since that ...

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New Collection Letter Lawsuits in California and New York: What Your Agency Needs to Know Now.

Collection letters are the bane of our industry.  Letters are expensive to send and – despite what a certain television pundit claims – studies prove that few consumers actually read collection letters.   The CFPB, the FCC and other regulators pay little more than lip service ...

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Three Overlooked Traps for First Party/Early Out Servicers

First party and early-out servicing provides an enhanced customer service experience and greater responsiveness for consumers.  These qualities make first party and early-out servicing beneficial for creditors as well as consumers.  However, as the prevalence of this type of servicing increases, consumer attorneys and regulators ...

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