Obtaining an FDCPA Settlement Doesn’t Entitle Plaintiff to Attorney’s Fees

Mike Sharp

In the case of Ozmun v. Portfolio Recovery Associates the Fifth Circuit considered whether the district court erred in denying FDCPA consumer plaintiff request for attorney’s fees under 15 U.S.C. § 1692k(a)(3). Under Section 1692k(a)(3), “the costs of the action, together with a reasonable attorney's fee as determined by the court”...

NCB Data Breach Exposed Over 1.1 Million People
NCB Management Services, a US-based debt collector, exposed sensitive user financial data such as payment card numbers with security codes…
How AI Will Transform the Ability to Collect
THE CFO BRIEFCASE 01 4 Regulatory Developments to Follow in 2023 02 2023 Outlook: 5 Finance Risks to Monitor This Year 03 2023 Outlook: 4 Realms…
‘Confusion’ and ‘Alarm’ Not Enough for Article III Standing
The U.S. Court of Appeals for the Seventh Circuit recently affirmed the dismissal of a consumer’s lawsuit against a debt…

The Impact of Unpaid Medical Accounts Over Five Hundred Dollars
Unpaid medical debt may impact your credit score, depending on the balance. But the three major credit bureaus have made…
FDCPA Case Dismissed Over Letter with Multiple Addresses
As a preliminary matter, although not briefed by either party, the Court notes that Plaintiff does not appear to have…
Collector Notifies 286,699 Individuals of Recent Data Breach
On May 15, 2023, R&B Corporation of Virginia d/b/a Credit Control Corporation (“CCC”) filed a notice of data breach with…

FDCPA Case Dismissed: Arising From Pandemic-Time In Person Service of Process
he Sixth Circuit recently affirmed a district court’s dismissal of a Fair Debt Collection Practices Act (FDCPA) and Michigan Regulation…
Arizona Federal Court Holds FDCPA’s $1,000 Statutory Damages Provision Applies Separately to Each Defendant
In Casillas v. Thunderbird Collections Specialists Incorporated, et al., the plaintiff sustained a work-related injury requiring medical treatment for which a…
One Unwanted Voicemail Is Enough to Establish Standing under the FDCPA
In Ward v. NPAS, Inc., 63 F.4th 576 (6th Cir. 2023), Plaintiff Ward did not pay as agreed for medical services…

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CSS Product Spotlight

Henry Gardner

CSS, Inc., a leading provider of enterprise class accounts receivable management and financial software offers a broad portfolio of platforms & solutions. CSS enables companies to transition their legacy revenue & payment management systems to a modern, cognitive, centralized, cloud-based Financial Ecosystem®. CSS may be utilized to provide business financial...

Developing a Network of Closed Sources by Ron Brown, Skip Tr…

Ron Brown

As we begin this article it is very important that the professional tracer clearly understand what constitutes a “CLOSED SOURCE”, the value of a closed source network and the obligation due to each closed source. Definition: CLOSED SOURCE… sources of information with restricted access and information available only through mutual information...

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Shielding Collectors From TCPA and FDCPA Violations

Joshua Fluegel

The demands of regulators lead collection professionals to collect debt with the credo of “as little contact with the consumer as possible.” Every eliminated encounter with a consumer while the payment is still being collected is one less chance for a TCPA or FDCPA violation. For this reason many accounts...

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Hunstein on Rehearing – Revisiting Article III Standing in t…

Eve Cann and Jonathan Green

On April 21, 2021, the Eleventh Circuit Court of Appeals issued its decision in Richard Hunstein v. Preferred Collection and Management Services, Inc., and potentially created a new claim under the Fair Debt Collection Practices Act (FDCPA) – ruling that a debt collector's sharing of information with a vendor is a violation...

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The Secret to Excelling in Profit AND Performance

Gordon C. Beck III

To each their own. That’s what I keep telling myself when discussing with my competitors what their strategy is to run and operate a successful collection agency. Everyone’s outlook is different, but the same. Sure, everyone wants to be a top agency, that’s what everyone is supposed to say. But...

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Executive Orders Impacting Collections

Michael Starzec

No, this is not a review of the 1996 thriller starring Kurt Russell, Halle Berry and Steven Seagal but it does focus on the prestige of the word “Executive.” At hotels and sports arenas, you want the executive suite. In Illinois, at least a 1,000 corporations integrate “executive” into their...

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Washington Court Rejects Hunstein; Holds Article III Standin…

Steel Rose

Nearly two years after the Supreme Court’s 2021 decision in Transunion v. Ramirez, courts and litigants continue to grapple with standing issues in Fair Debt Collection Practices Act (FDCPA) cases brought by plaintiffs alleging intangible harms to reputation and privacy interests. Prominent among these post-Ramirez FDCPA cases was Hunstein v. Preferred Collection &...

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3 Options to Offer During Tax Season

Nick Jarman

When it comes to collecting debt, tax season is without argument the most profitable season of the year. Tax season starts at the beginning of February and wraps up in early May. February generally sees the highest return and slightly tapers off each month thereafter. One issue that can ease...

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PCI Compliance, SOC, and HITRUST

Debra J. Ciskey

With the June, 2019, disclosure of a data breach at AMCA looming large in the rearview mirror, debt collectors both large and small are scrambling to verify the security of their consumer portals and their consumer information in general. With numerous vendors and auditors serving the industry in this key...

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Collectors Working from Home: Is that Remotely Possible?

Harry Strausser

Over the years, when I presented programs on technology and the impact it has had on the ARM industry, I have always found a lot of entertaining stories and examples to use underscoring how far we have come. The interesting dynamic with technological change is that we quickly forget how...

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Ten Questions to Ask Your Collection Software Vendor

Friday, 01 April 2016 10:39
Written by DAKCS Software Systems