Absolute Resolutions Corp. Upholds Annual Social Responsibility Pledge with Generous Support for Haven Housing.

BLOOMINGTON, Minn. – Absolute Resolutions Corp., a leading accounts receivable investment firm headquartered in Bloomington, MN, is proud to continue its commitment of giving back to the local community through our annual employee giving campaign. In 2023 employees chose to support the vital work of Haven Housing in Minneapolis, MN.

The company’s annual giving initiative underscores Absolute Resolutions Corp.’s commitment to making a positive impact on the local community.

Haven Housing provides shelter, support, and resources to women, non-binary people, and their families during times of transition.  The supplies donated by employees will go directly to helping those staying at St. Anne’s Place, an emergency shelter. St. Anne’s provides immediate needs for family members and coordinates resources and services such as housing and employment searches, life skills training, chemical health support, legal support, mental health support, and overall family health and wellness. Children receive special coordination to ensure they’re equipped for school with supplies, uniforms, and more.

“We believe that the success of our organization goes hand in hand with our responsibility to make a difference in the lives of those in our community,” stated Robert Johnson, CEO at Absolute Resolutions Corp. In addition to the supply drive, the company has made a cash donation to Haven Housing. “ARC’s supply drive and monetary donation is a reflection of our commitment to social responsibility and our dedication to helping those in need,” finished Johnson.

Absolute Resolutions Corp. recognizes the importance of community partnerships and actively seeks opportunities to contribute to the well-being of its neighbors and encourages other businesses in the community to join in supporting local organizations that make a significant impact on the lives of those facing adversity.

About Absolute Resolutions Corp.

Absolute Resolutions Corp. is a certified professional receivables company headquartered in Bloomington, MN.

www.absoluteresolutions.com

About Haven Housing

Haven Housing’s mission is to provide women, non-binary people, and the families they lead with shelter, housing, and the opportunity to explore options for their future during periods of crisis or transition.

www.havenhousing.org

Absolute Resolutions Corp. Upholds Annual Social Responsibility Pledge with Generous Support for Haven Housing.
http://www.insidearm.com/news/00049603-absolute-resolutions-corp-upholds-annual-/
http://www.insidearm.com/news/rss/
News

All the latest in collections news updates, analysis, and guidance

CO and NY Enact Laws to Prevent Reporting of Medical Debt to Credit Bureaus

Colorado and New York are not waiting for the Fair Credit Reporting Act rulemaking to eliminate creditor use of medical debt announced by the CFPB in September 2023. As we previously blogged, in the past two years, Equifax, Experian, and TransUnion have made significant changes with respect to medical debt collections by removing unpaid medical collections under $500 from consumer credit reports, removing paid medical collections from credit reports, and extending the time period before unpaid medical debt appears on a credit report to one year after the first delinquency.

Colorado has amended the Colorado Consumer Credit Reporting Act, effective August 7, 2023, prohibiting debt collectors and collection agencies from making a false, deceptive, or misleading representation that a medical debt will be included in a consumer report or factored into a consumer’s credit score unless the information is used in connection with a credit transaction involving, or that may reasonably be expected to involve, a principal amount that exceeds the national conforming loan limit value determined annually by the federal housing finance agency, which value is $766,550 in 2024. “Medical debt” means debt arising from health-care services or health-care goods, including products, devices, durable medical equipment, and prescription drugs. Medical debt does not include debt charged to general purpose credit cards that are not issued for the payment of health-care services or health-care goods. “Health-care services” means any services included in or incidental to the furnishing of medical, behavioral, mental health, or substance use disorder; dental, or optometric care; hospitalization; or nursing home care to an individual, as well as the furnishing to any person of any other services for the purpose of preventing, alleviating, curing, or healing human physical illness or injury, or behavioral, mental health, or substance use disorder.

The Colorado amendments also prohibits a consumer reporting agency from providing any consumer report containing any adverse information that the agency knows or should know concerns medical unless the consumer report will be used in connection with a credit transaction involving, or that may reasonably be expected to involve, a principal amount that exceeds the national conforming loan limit value determined annually by the federal housing finance agency. The amendment removed the two prior exceptions from this prohibition of furnishing consumer reports related to a credit transaction with a principal amount of $150,000 or more and underwriting of life insurance with a face value of $150,000 or more.

In its initial written communication to a consumer, a debt collector or collection agency is required to include the following statement:

COLORADO LAW PROHIBITS CREDIT BUREAUS FROM REPORTING MEDICAL DEBT OR FACTORING MEDICAL DEBT INTO A CREDIT SCORE UNLESS THE CONSUMER REPORT IS TO BE USED IN CONNECTION WITH A CREDIT TRANSACTION THAT INVOLVES, OR THAT MAY REASONABLY BE EXPECTED TO INVOLVE, A PRINCIPAL AMOUNT THAT EXCEEDS THE NATIONAL CONFORMING LOAN LIMIT VALUE FOR A ONE-UNIT PROPERTY AS DETERMINED BY THE FEDERAL HOUSING FINANCE AUTHORITY.

These amendments to the Colorado Consumer Credit Reporting Act are repealed effective July 1, 2028. The Department of Revenue is required to study the effect of prohibiting medical debt reporting and, on or before January 1, 2028, report its conclusions from the study to certain legislative committees.

New York has also enacted a new law called the “Fair Medical Debt Reporting Act,” effective December 13, 2023, directed at medical debt. The new law prohibits hospitals, health care professionals, and ambulance services from reporting medical debt to consumer reporting agencies. These entities are further required to include a provision in their contracts with collection agencies and buyers of medical debts prohibiting the agencies and buyers from reporting such medical debts to consumer reporting agencies. The law further provides that any medical debt furnished to a consumer reporting agency shall be void. “Medical debt” means “any obligation or alleged obligation of a consumer to pay any amount whatsoever related to the receipt of health care services, products, or devices provided by a hospital licensed under article twenty-eight of the public health law, a health care professional authorized under title eight of the education law, or an ambulance service certified under article thirty of the public health law.”

These state laws effectively eliminate any furnishing of medical debt to consumer reporting agencies for residents of the states of Colorado and New York. We can expect more medical debt delinquencies as consumers have fewer consequences for their nonpayment. Healthcare providers may shift to seeking court judgments and garnishments or pass through price increases to the consumers who are paying for their healthcare services.

CO and NY Enact Laws to Prevent Reporting of Medical Debt to Credit Bureaus
http://www.insidearm.com/news/00049599-co-and-ny-enact-laws-prevent-reporting-me/
http://www.insidearm.com/news/rss/
News

All the latest in collections news updates, analysis, and guidance

insideARM’s Membership Groups 2023 Impact

NEW YORK, N.Y. — There’s more to insideARM than just the daily news. In addition to bringing analysis and the most important news of the day in an easy-to-digest format straight to your inbox, insideARM has two membership groups, the Consumer Relations Consortium and Research Assistant. Our members enjoyed a busy, helpful, and impactful 2023 

Who participates in Research Assistant and the Consumer Relations Consortium? 

Research Assistant members are compliance professionals who want to connect with their peers and get the answers they need to their pressing issues in real-time. The Consumer Relations Consortium is for executives and leaders of large-scale ARM industry organizations who want to stay connected to other large industry players and actively participate in pushing the industry forward.  

Research Assistant in 2023 

For ARM industry participants who feel siloed regarding compliance and want the benefit of communicating and collaborating with peers in the industry, we have insideARM’s Research Assistant. Research Assistant members can crowd-source questions and get answers from their peers anytime. Sara Woggerman, President of ARM Compliance Business Solutions, hosts our weekly peer calls, where we brainstorm solutions to current pain points.  The Research Assistant team provides templates and resources to save our members time, including our state-by-state law matrix.  

We covered hundreds of topics throughout 2023 on our Peer Group calls. Here’s a sample of some of them.  

  • Digital marketing through social media and how to use it 
  • Using emojis in emails to consumers 
  • How to address threats of harm from consumers 
  • The right time to text and email compliantly 
  • State licensing challenges and solutions 
  • How to identify gaps and convey these gaps to operations.  
  • How to handle and implement various state law updates 
  • The best way to handle litigious consumers 
  • Call monitoring and analytics 
  • Collectors and wearable technology 

To learn more about Research Assistant, click here

Membership is as low as $99/mo. To sign up, click here.  

Consumer Relations Consortium in 2023 

The Consumer Relations Consortium is our premium membership group designed for larger participants in the ARM industry. The CRC believes that Debt Collection and Consumer Protection are not mutually exclusive ideas; they can and should coexist.  

CRC members meet regularly via Zoom to discuss the most pertinent operational, legal, and advocacy issues of the day. All CRC members can participate and provide input without being part of an elected board or selected committee. The CRC is truly your seat at the table for the issues that matter to your business. Our Legal Advisory Board, comprised of some of the best and brightest ARM industry attorneys in the business, ensures that we understand the implications of current legal trends and regulatory updates. 

Here are some of the things that ALL CRC members had the opportunity to do in 2023: 

  • Connect every two weeks on Zoom to level-set on the issues affecting large ARM industry participants 
  • Meet virtually with the FCC regarding texting challenges 
  • Meet with the CDIA in person regarding credit report challenges 
  • In-person discussion regarding the over-regulation of the collection industry with the American Law Institue concerning its research project on Legal collections  
  • Meet virtually and in person with the CFPB to discuss challenges affecting the ARM industry 
  • Engage in an in-person discussion with Congressman Andy Barr  
  • Provide input and influence the conversation between CRC members and Patrick McHenry’s senior House Financial Services Committee staffer.  

Additionally, the CRC impacted the industry by 

To learn more about the CRC, click here.

To start the membership application process, click here

So, what does 2024 have in store? 

The CRC will continue to meet virtually and in person with each other and with state and federal regulators to address the most pressing issues of the day.  Additionally, now that insideARM is part of Auriemma Roundtables, CRC members will have the opportunity to meet with Auriemma’s creditor clients in cultivated closed-door settings.   

At the start of 2024, we’ll continue our discussions with the CDIA about metro II issues and consumer attorney-manufactured lawsuits. CRC Director, Missy Meggison, has been asked to be a formal advisor on the American Law Institute’s legal collections project and will attend project meetings. We’ll be launching a project to curb the significant influx of templated BBB complaints. Our objectives will evolve to meet the day’s issues, and we’ll continue to engage with all CRC members on these topics. 

In 2024, Research Assistant will continue to host our weekly collaborative meetings, but we’ll also incorporate workshops into these meetings. Research Assistant members will have the opportunity to work together to develop a Cybersecurity Incident Response policy that meets the needs and challenges of today and a credit reporting policy that evolves with the changing climate. Working together instead of alone will save Research Assistant members time and help them better protect their organization. 

insideARM’s Membership Groups 2023 Impact

http://www.insidearm.com/news/00049602-insidearms-membership-groups-had-busy-202/
http://www.insidearm.com/news/rss/
News

All the latest in collections news updates, analysis, and guidance

Latitude by Genesys Contributes to Pan-Mass Challenge for Dana-Farber Cancer Institute

MENLO PARK, Calif — Latitude by Genesys, a receivables management software solution provider, announced that their end of year giving included a contribution to the Pan-Mass Challenge, a bicycle race with a mission to raise funds for cancer research and treatment at Dana-Farber Cancer Institute. 100% of every rider-raised dollar goes directly to Dana-Farber. 

“Genesys is based in California, but I make my home in Massachusetts where the race takes place and where Dana-Farber is located (Boston). So this is a local cause, and I know a couple of the riders personally. Teams are matched with ‘Pedal Partners,’—patients receiving treatment at Dana-Farber, and the direct reasons for riding and fundraising,” said Cris Bjelajac, Sr. Director of Business Operations at Latitude by Genesys

“One of my rider friends, Bill Dawson, has been doing this a long time and raised $23,828 in 2023,” continued Bjelajac. “These are funds directly benefiting cancer patients, including pediatric patients, and the research necessary to advance treatment options and find an eventual cure.” 

“Donating this Winter gives the PMC a jump on crossing the $1B fundraising threshold in 2024. To see the work the riders put into this and the results they achieve is quite inspiring and impressive. We’re glad we could make a small difference in the lives of cancer patients and toward the riders’ selfless efforts.”

c

The Pan-Mass Challenge

According to the organization’s website: “The Pan-Mass Challenge is a Massachusetts-based bike-a-thon that raises more money for charity than any other single athletic fundraising event in the country. Always held the first weekend in August, the PMC raises funds for Dana-Farber Cancer Institute, a world leader in adult and pediatric cancer treatment and research.”

“Each summer, thousands of riders and volunteers from 43 states and 12 countries participate in the PMC, all with a common goal: to find a cure for cancer. 100 percent of all rider-raised funds go directly to cancer research and treatment at Dana-Farber and the Jimmy Fund. The PMC is Dana-Farber’s single largest supporter and is more than 60 percent of the Jimmy Fund’s annual revenue. Since 1980, the PMC has raised $972 million for Dana-Farber.”

The 2024 Pan-Mass Challenge will take place on August 3 and 4, but fundraising begins early. 

To make a contribution, visit pmc.org/ways-to-give

About Latitude by Genesys

Latitude by Genesys® is a comprehensive debt collection and recovery solution for managing all pre- and post-charge-off accounts and workflow processes. It provides collectors and agents with the tools to manage the debt collection and recovery process and provides full functionality for the collector’s or agent’s desktop and deploys as a true zero-footprint, browser-based environment. Since 1996, Latitude’s focus has been to provide the most forward-thinking, attractive solution to the business needs of different people and companies in the accounts receivable management (ARM) space. Acquired by Genesys in 2016, Latitude is continually growing, innovating, and reshaping the technology expectations and customer experiences of ARM companies and their consumers.

Latitude by Genesys Contributes to Pan-Mass Challenge for Dana-Farber Cancer Institute
http://www.insidearm.com/news/00049601-latitude-genesys-contributes-pan-mass-cha/
http://www.insidearm.com/news/rss/
News

All the latest in collections news updates, analysis, and guidance

CFPB Director Chopra Addresses AI Concerns

According to media reports, CFPB Director Rohit Chopra expressed his concerns over the rise of generative artificial intelligence (AI) technology in his remarks at an Axios event in Washington, D.C. last week.  Director Chopra indicated that AI could concentrate “enormous” power within the grasp of a few companies and their top executives.  He stated that “it’s the winner-take-all dimension of this that makes it much more pressing.  There could be a handful of firms, and just to be honest, a handful of individuals who ultimately have enormous control over decisions made throughout the world.”

Chopra also expressed unease with AI’s ability to “simulate human interaction,” saying it can be exploited to “interfere with human life and perpetrate fraud, crime, abuse.”  He specifically highlighted the CFPB’s investigation into the consumer fraud implications of certain generative AI, including the use of AI-assisted techniques such as voice cloning to bypass banks’ biometric authentication protocols, which he noted is “going to be a problem.”  He noted that the CFPB has also done a “pretty in-depth analysis” of banks’ use of customer service chatbots, with the goal to ensure that banks take responsibility for any erroneous information provided by their chatbots to consumers.

At the same time, Chopra conceded that AI could have beneficial applications for consumers, such as assisting in the finding and disputing of billing errors.  However, he stressed the importance of keeping in mind “who really is in control of it, who gets the gains from it.”  He stated that “what we’ve seen with lots of aggregations of data, [is] that much of the gains are not broadly distributed, and they go to a handful of people.”

Chopra seemed skeptical when asked about the need for new laws or even a new government agency to regulate AI, stating that, in many cases, regulators already have the authority to address the privacy, competition and other concerns presented by AI.  “The public has long-standing laws on the books that actually need to be enforced,” Chopra said.  “None of those laws have a fancy technology exception to them, and I think that’s a key focus for the regulators right now.”

As for a new, AI-focused government agency, Chopra said it would be challenging to create such a regulator because AI’s potential applications cut across so many different areas of law and economic activity.  “If you’re going to do that, you have to keep the existing [agencies], too,” he said.  “The challenge with regulating data is it’s regulating everything, so you can’t create a situation where there’s not accountability to do it.”  Moreover, to create a new AI agency, he argued, lawmakers would similarly need to think through what gap they would want it to fill, stating, “I would ask, what do you want to achieve through that?  Are you looking for technical expertise?  Are you looking for enhanced merger review, acquisition review?  Is it more of a national security approach?  I think once you answer those questions, it can all come into line.”

CFPB Director Chopra Addresses AI Concerns
http://www.insidearm.com/news/00049591-cfpb-director-chopra-addresses-ai-concern/
http://www.insidearm.com/news/rss/
News

All the latest in collections news updates, analysis, and guidance

Velo Law Office Helps Champion The Movember Foundation

GRAND RAPIDS, Mich. — Velo Law Office, an innovative law office that combines collection litigation techniques with practical attention to financial concerns, is excited to highlight and champion the incredible work of the Movember Foundation. To celebrate November and to highlight community involvement in Q4, Velo and the team encouraged staff to let their mustaches grow to raise awareness for men’s health issues. 

“Movember’s roots began as No-Shave-November but has grown into a vitally important awareness campaign for men’s health issues,” said Velo Law Office’s President, Scott Renner. “As we cultivate awareness and conversations about men’s health, we not only shape the landscape of well-being but also sculpt a future where the vitality of every man is embraced. Movember is a movement that fosters a world where men’s health is spoken, heard, and prioritized—a testament to the power of unity in shaping healthier, happier lives.”

The Movember Foundation

Movember is an annual event that involves growing mustaches during the month of November to raise awareness of men’s health issues, such as prostate cancer, testicular cancer, and men’s suicide. By encouraging men to get involved, Movember aims to increase early cancer detection, diagnosis and effective treatments, and ultimately reduce the number of preventable deaths. 

Since its inception in 2003, the Movember Foundation has raised $837 million and funded over 1,200 projects in more than 20 countries. This movement started with 30 friends working together to raise awareness and has grown to over 6 million active participants every November. In 2022, the Movember Foundation began fitness workshops and classes to continue their mission of providing global men’s health and awareness. 

A Culture for Change

The heart of Velo Law Office is in change and awareness. Our dedicated and passionate staff, who work diligently on our clients’ behalf to recover monies due, is also committed to the continued struggle of awareness and charitable events. The job of recovering debt is challenging and difficult. Despite these obstacles, our team continues to work with unwavering jurisprudence, integrity, and respect, yielding successful outcomes to those we serve both in and out of the office. 

Learn More About Velo Law Office

Velo Law Office continues to prioritize community involvement and outreach. To learn more about its initiatives, and the other charitable organizations Velo is involved with, please visit their website

About Velo Law Office

Headquartered in Grand Rapids, Michigan, Velo Law Office assists financial institutions looking to collect overdue debts from both legal and standard collection strategies. By focusing on the bottom line, we combine innovative collection techniques and aggressive litigation with practical attention to financial concerns and return on investment. Our collection matters are supervised by experienced attorneys and utilize every resource to provide the highest level of recovery.

Velo Law Office Helps Champion The Movember Foundation
http://www.insidearm.com/news/00049590-velo-law-office-helps-champion-movember-f/
http://www.insidearm.com/news/rss/
News

All the latest in collections news updates, analysis, and guidance

CFPB Shuts Down Medical Debt Collector for Attempting to Collect Unverified Debt

On December 15, the Consumer Financial Protection Bureau (CFPB) announced it had reached a settlement with medical debt collector Commonwealth Financial Systems, Inc. (Commonwealth) in its lawsuit over alleged illegal debt collection practices. Specifically, the CFPB alleged that Commonwealth failed to conduct reasonable investigations of disputes and violated the Fair Debt Collection Practices Act (FDCPA) by attempting to collect disputed debt without obtaining substantiating documentation. Under the settlement agreement, Commonwealth is banned from debt collection activities, must request CRAs to delete all consumer accounts to which it had previously furnished information, and must pay a $95,000 penalty to the CFPB’s victims relief fund.

Specifically, the consent order alleged that:

  • When investigating disputes, Commonwealth did not have any documentation supporting the debt and had insufficient data for investigating certain types of disputes.

    Commonwealth did not receive any images or documentation from its clients, such as itemized bills from the medical facilities, insurance information, or prior dispute or complaint information. Instead, Commonwealth simply confirmed that it received from the client all the data elements that it expected and checked that the data points provided appeared to be valid and consistent based on formatting.

  • Regardless of the nature of the dispute, Commonwealth’s indirect disputes procedures directed its agents to: “Glance over information populated. Check to see that social security number matches. If social security number is completely different delete tradeline.”

    According to the CFPB, this does not constitute a reasonable investigation of many types of disputes because it assumes that the consumer’s social security number is relevant to the dispute, and that the social security number in its system is the number of the debtor rather than of a different consumer who had been wrongly targeted.

    Matching social security numbers would also not be sufficient in disputes related to account balances, past settlements, or bankruptcy.

  • To adequately address many disputes, a dispute agent would need to investigate further. However, Commonwealth’s indirect disputes procedures contained no instruction to request supporting documents, which types of supporting documents it should request, or how to handle disputes where such documents are contradicted by the consumer’s allegations.

  • Commonwealth’s practice of routinely deleting tradelines is particularly problematic for medical debts, which are often re-placed with other debt collectors, meaning that many accounts are later passed along to another debt collector that may furnish the inaccurate information again. According to the CFPB, had Commonwealth conducted a reasonable investigation instead of just deleting the tradeline, it could have identified the root cause of the inaccuracy.

    Between 2017 and 2021, two nationwide CRAs notified Commonwealth at least five times that it had an abnormally high deletion rate in response to indirect disputes. One CRA sent an email to Commonwealth stating: “your file will be going to our committee due to the high amount of deleted disputes that we are receiving from you” and asking is there “a reason that you are deleting the data instead of validating and responding that it is valid.”

  • Commonwealth also did not have enough dispute agents to handle the volume of disputes. For example, on one day in 2021, one dispute agent responded to 1,052 disputes, spending less than 30 seconds per dispute on average.

In the consent order, Commonwealth did not admit or deny any of the findings or conclusions except those necessary to establish jurisdiction.

CFPB Shuts Down Medical Debt Collector for Attempting to Collect Unverified Debt
http://www.insidearm.com/news/00049587-cfpb-shuts-down-medical-debt-collector-at/
http://www.insidearm.com/news/rss/
News

All the latest in collections news updates, analysis, and guidance

VeriFacts Supports Breast Cancer Awareness Month Through Local Hospital

STERLING, Ill — VeriFacts, a leading data provider for the financial services industry, continued its tradition of charitable initiatives with a locally focused Breast Cancer Awareness Month campaign. The VeriFacts team gathered donations from the community, staff, friends, and family to create Breast Cancer Awareness baskets for all those at CGH Medical Center in Sterling, IL. 

“CGH Medical Center is the heartbeat of our local communities,” said Stephanie Clark, CEO at VeriFacts. “VeriFacts is united in its unwavering support, echoing through our actions and awareness, to empower these vital institutions and those who need our support within them. Together, we not only embrace the fight against breast cancer but also illuminate the path towards a healthier, stronger tomorrow.”

Breast Cancer Awareness Month

National Breast Cancer Awareness Month (NBCAM) was founded in 1985 in partnership with the American Cancer Society. Over the last nearly 40 years, October has been the symbol for fighting against this horrific disease and increasing awareness and funding for an ailment that affects millions of women and families every year. The aim of the NBCAM from the start has been to promote mammography as the most effective weapon in the fight against breast cancer.

Reaching out to women battling breast cancer is a vital act of support, acknowledging the emotional challenges they face. Crafting donation baskets tailored to their needs provides practical assistance and expresses community solidarity. From cozy blankets to inspirational items, these packages contribute to a holistic approach to well-being, offering comfort and fostering resilience on the path to recovery. In creating these baskets, the entire VeriFacts team hoped to reinforce the bonds that connect all of us in the face of adversity.

A History of Support

VeriFacts is firmly rooted within its community and takes great responsibility and commitment to giving back. VeriFacts is proud to have a team that works hard and also plays hard. Clark said the VeriFacts team “loves the opportunities to donate our time, energy, and financial resources to both local and national charitable organizations each and every month.” 

The VeriFacts team has worked tirelessly over the years supporting organizations like the Salvation Army, the Alzheimer’s Association, the YMCA at Camp Benson, the YWCA of Sauk Valley, and many more charitable causes. 

Learn More Online

To learn more about VeriFacts and the organizations they have supported, please visit their website. To learn more about National Breast Cancer Awareness efforts, please visit the Breast Cancer Foundation website

About VeriFacts

VeriFacts, LLC is the top employment location and verification service for the receivables management industry. Having been in business for over 30 years, they are committed to offering guaranteed customer location and employment verification services to creditors across the nation. The VeriFacts brand has become synonymous with high-quality serviceand a positive customer experience. Over the years, their services have expanded into residential location information, data verification, and unique data aggregation. VeriFacts is proud to be a Certified Women-Owned Business by the WBENC.

VeriFacts Supports Breast Cancer Awareness Month Through Local Hospital
http://www.insidearm.com/news/00049589-verifacts-supports-breast-cancer-awarenes/
http://www.insidearm.com/news/rss/
News

All the latest in collections news updates, analysis, and guidance

Arizona Federal District Court Holds MMS’s Are Not Prerecorded Messages Under the TCPA Unless They Play Automatically

A district court in the District of Arizona granted a motion to dismiss in a Telephone Consumer Protection Act (TCPA) case on the basis that multimedia messaging service (MMS) texts do not constitute prerecorded messages unless the audible component plays automatically upon opening.

In Howard v. Republican National Committee, the plaintiff alleged that defendant sent an MMS text to his cell phone that included a “video file that was automatically downloaded to [the plaintiff’s] phone.” The video file included an audio recording encouraging people to vote in the upcoming election. The plaintiff alleged that he never gave the defendant consent to be contacted by telephone.

The plaintiff filed suit pursuant to 47 U.S.C. §§ 227(b)(1)(A)(iii) (for leaving a message on his cell phone) and (b)(1)(B) (for leaving the message on his cell phone which serves as his residential phone). The defendant filed a motion to dismiss asserting, among other things, that the text message at issue is not a prerecorded voice under the TCPA.

The TCPA prohibits the making of “any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any … artificial or prerecorded voice … to any telephone number assigned to a … cellular telephone service.” Recently, in a decision discussed here, the Ninth Circuit held that “prerecorded voice” required an audible component.

While the plaintiff alleged that the MMS he received included a video with an audible component, he did not allege the recording started playing automatically. For the court, this deficiency was fatal. The plaintiff “alleged that the video automatically downloaded to his phone, but based on the screenshot in the [c]omplaint, [the plaintiff] had to actively press play to watch the video. Thus, the [c]ourt finds that the message provided a conscious choice of whether to engage with the audible component, but that this is different from what the TCPA intended by ‘make a call’ using a ‘prerecorded voice.’”

The plaintiff attempted to address this perceived deficiency by analogizing the MMS to a voicemail that was left for the recipient to be played later. The plaintiff further noted that other courts have found such unwanted voicemails to come within the TCPA’s purview. The court was not swayed. “The problem with the analogy, though, is that voicemails are the result of voice calls, not text messages.” The court ultimately held that it could not find the message had an audible component that was “thrust upon the recipient” as required by the Ninth Circuit. The court also dismissed the plaintiff’s claim under (b)(1)(B), finding the defendant was a tax-exempt nonprofit organization that made no more than three calls within a 30-day period and, thus, came under the statutory exception for calls to residential lines.

Arizona Federal District Court Holds MMS’s Are Not Prerecorded Messages Under the TCPA Unless They Play Automatically
http://www.insidearm.com/news/00049584-arizona-federal-district-court-holds-mmss/
http://www.insidearm.com/news/rss/
News

All the latest in collections news updates, analysis, and guidance

Glass Mountain Capital Champions the Fight Against Child Hunger This Holiday Season

SCHAUMBURG, Ill.– In the spirit of the holiday season, Glass Mountain Capital is proudly stepping forward as a beacon of hope and generosity in the community. Embracing the true essence of giving, the company is dedicating its resources and efforts as donors to combat child hunger, a pressing issue in today’s society.

Glass Mountain Capital is honored to announce its support for the remarkable foundation, “Blessings in a Backpack.” This noble organization has shown tremendous growth since its inception in 2005, evolving from aiding two schools to now nurturing over 95,500 students in more than 1,200 program locations across the United States.

Recognizing the critical need to ensure that no child in the community goes hungry, especially over the weekends, Glass Mountain Capital is committed to supporting Blessings in a Backpack’s vital mission. This foundation works tirelessly to provide hunger-free weekends for children throughout the school year by sending them home every Friday with backpacks filled with satisfying and nutritious food.

As part of this heartfelt initiative, Glass Mountain Capital invites others to join this cause. With a contribution of $175, or just $15 a month, anyone can sponsor a child, ensuring they receive much-needed food every weekend of the school year. This small act of kindness can make a significant difference in a child’s life, offering not just nourishment but also hope and a sense of security.

“We believe in the power of community and the responsibility we share in ensuring the well-being of our future generations,” said Ed Carfora, Executive Vice President of Glass Mountain Capital. “Our support for Blessings in a Backpack is more than a donation; it’s a statement of our commitment to nurturing young lives and reinforcing the fabric of our community.”

As Glass Mountain Capital embarks on this journey of compassion and care, they extend a warm invitation to everyone to be a part of this noble endeavor. Together, we can ensure that the future of our children is bright, healthy, and promising.

For more information on how to contribute to this cause, please visit https://www.blessingsinabackpack.org/ 

For more information about Glass Mountain Capital, please visit https://www.glassmountaincapital.com/

About Glass Mountain Capital:

Glass Mountain Capital is a leading firm in accounts receivable management and capital recovery, committed to making a positive impact both professionally and within the community. Their dedication to ethical practices and excellence in service is matched only by their passion for social responsibility and community support.

Glass Mountain Capital Champions the Fight Against Child Hunger This Holiday Season
http://www.insidearm.com/news/00049578-glass-mountain-capital-champions-fight-ag/
http://www.insidearm.com/news/rss/
News

All the latest in collections news updates, analysis, and guidance