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.

 

Federal Courts Hold that Standard Validation Notice Violates FDCPA. Now What?!

Collectors frequently point to contradictory language among the FDCPA and other statutes as proof that standardized debt collection rules are needed in this industry.  However, even in an industry where consumer attorneys frequently make "creative" arguments, it is rare to see a claim that the ...

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New Federal Court of Appeals Rulings Favor Debt Collectors

Debt collectors were given clarity regarding two thorny FDCPA issues recently by decisions issued from the Seventh Circuit Court of Appeals.  In the case of Portalatin v. Blatt, the Court held that a consumer was entitled to a single recovery of an FDCPA statutory penalty ...

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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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