CFPB Issues Request for Information on Consumer Credit Card Market

The CFPB has issued a new request for information (RFI) to inform its biennial review of the credit card market mandated by the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act).  Comments on the RFI must be received by April 24, 2023.

The CFPB’s first CARD Act report was published in October 2013, its second report was published in December 2015, its third report was published in December 2017, its fourth report was published in August 2019, and its fifth report was published in September 2021.

Because the CARD Act requires the CFPB to consider specific topics in its biennial reviews, the RFIs that the CFPB has issued in connection with those reviews have contained similar questions.  Nevertheless, how the CFPB frames those questions in a particular RFI can provide some insight into which issues are then of particular interest to the CFPB.  In the new RFI, the CFPB seeks comment on the following issues that were not raised in its previous RFI:

Terms of credit card agreements and issuer practices.  The CFPB asks:

  • What are the terms of, practices related to, and prevalence of emerging supplementary card features (such as credit card installment plans).

[article_ad]

  • Have changes in issuers’ marketing practices since the CFPB’s 2021 report impacted consumers’ ability to comparison shop and, if so, in what ways.

  • What practices of issuers may uniquely affect special populations (such as servicemembers and their dependents), low- and moderate-income consumers, older Americans, and students); what are the effects of protections specific to special populations (for example, the Servicemembers Civil Relief Act or the Military Lending Act); and how are these changing and what, if any, trends are evolving.

  • How are the terms of, and practices related to, partnerships between issuers and merchant partners (such as hospitality, airline, healthcare, and/or retail companies) evolving.

Safety and soundness of credit card issuers. The CFPB asks:

  • How have current dynamics related to funding sources (such as asset-backed securities or deposits) for credit card receivables affected issuers’ profitability and lending operations

  • What changes, if any, in capital markets for credit cards have there been since the last biennial report.

  • How do capital requirements for different types of institutions affect competition in the credit card market or consumers’ access to and cost of credit.

  • How might these trends positively or negatively impact consumers.

Innovation.  The CFPB asks:

  • How is competition in the credit card market changing; how has the CARD Act (positively or negatively) impacted competition between issuers; and how, if at all, do these changes and impacts relate to the cost or availability of consumer credit cards.

  • What barriers to entry, if any, exist in the consumer credit market; what obstacles may smaller financial institutions face when launching a credit card product; how are these impediments changing and what, if any, trends are evolving; to what extent are financial institutions adopting “credit card-as-a service” offerings; and how might these changes affect competition, promote innovation, or introduce risk, if at all.

  • How do innovations by firms offering other consumer financial product and services (such as buy-now-pay-later credit, mobile payments, or non-card point-of-sale loans) compete with credit cards, and to what extent do consumers view them as effective alternatives to or substitutes for credit cards.

In asking questions about funding sources, capital marketing, and capital requirements under the topic of “safety and soundness” as well as questions about competition in the credit card market under the topic of “innovation,” the CFPB appears to be continuing a trend under Director Chopra’s leadership of delving into issues that are not properly within its purview.  

With regard to competition, we have previously questioned the CFPB’s authority to address competition issues in markets for consumer financial products and services.  In addition, the CFPB’s questions about competition do not appear to be relevant to the CARD Act’s mandate that the CFPB review whether or not, and to what extent, implementation of the CARD Act has affected credit card product innovation.  

Similarly, funding sources, capital marketing, and capital requirements do not appear to be topics that fall within the CARD Act’s mandate that the CFPB review whether or not, and to what extent, implementation of the CARD Act has affected the safety and soundness of credit card issuers.  Indeed, in its 2021 CARD Act report, the CFPB noted that “[w]hile this report presents information which may be relevant to assessments of safety and soundness issues relating to credit card issuers, the Bureau does not produce any further assessments on this subject in this report.”  As the CFPB acknowledged, “[t]he prudential regulators…have the primary responsibility for monitoring the safety and soundness of financial institutions.”

In its Fall 2022 rulemaking agenda, the CFPB indicated that it is considering whether to propose amendments to the Regulation Z rules on credit card penalty fees that implement the CARD Act, including the penalty fees safe harbors, and gave a January 2023 estimate for issuance of a Notice of Proposed Rulemaking.  In June 2022, the CFPB issued an Advance Notice of Proposed Rulemaking regarding credit card late fees.  While the RFI says nothing about late fees, and to date no proposals have been issued by the CFPB, many observers are expecting the CFPB to propose a substantial reduction in the amounts of the penalty fee safe harbors in the near future.

CFPB Issues Request for Information on Consumer Credit Card Market
http://www.insidearm.com/news/00048824-cfpb-issues-request-information-consumer-/
http://www.insidearm.com/news/rss/
News

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

ConServe Named 2022 Best Places to Work in Collections

Rochester, N.Y. — Continental Service Group, Inc., d/b/a ConServe is proud to announce it was selected as one of the 2022 Best Places to Work in Collections.  This is the eighth time that ConServe has been recognized by industry excellence programs administered by Best Companies Group.  This organization conducts over 60 local, national and industry “Best Places” programs each year.

This survey and award program was designed to identify, recognize, and honor the best places of employment in the Collections industry. This year, 34 companies met the standard to be selected. The Best Places to Work in Collections list is divided into three size categories: Small (15-49 employees), Medium (50-149 employees) and Large (150+ employees).

To be considered for participation, companies had to fulfill the following eligibility requirements:

  • Be a for-profit or not-for-profit business or government entity
  • Be a publicly or privately held business
  • Have a facility in the United States
  • Have a minimum of 15 employees in the United States
  • Must be in business a minimum of 1 year
  • Must be a Collection Agency, Collection Law Firm, Debt Buyer, or Creditor Recovery Operation

“We are extremely honored to be recognized by the Best Companies Group,” said Richard Klein, President.  “This industry validation emphasizes the extent to which our team of committed employees truly believe we are doing the right thing, at the right time, the right way.  

Our employees are the ones who complete the surveys, making this award particularly meaningful.  At ConServe, our employees are our most valuable asset and we recruit, hire, develop and promote the very best.  We are thrilled to be recognized for an eighth time.”

For more information on the Best Places to Work in Collections program, visit: www.bestplacestoworkcollections.com

About ConServe

ConServe is a top-performing accounts receivable management service provider specializing in customized recovery solutions for their Clients.  Anchored in ethics and compliance, and steadfast in their pursuit of excellence, they are a consumer-centric organization that operates as an extension of their Clients’ valued brands.  For over 37 years, they have partnered with their Clients to provide unmatched customer service while simultaneously helping them achieve their accounts receivable management goals.  Visit us online at: www.conserve-arm.com  

ConServe Named 2022 Best Places to Work in Collections
http://www.insidearm.com/news/00048827-conserve-named-2022-best-places-work-coll/
http://www.insidearm.com/news/rss/
News

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

Regulating Medical Debt Collection: A 2022 Review and Look Ahead

The COVID-19 pandemic created record amounts of unexpected medical debt for consumers, which only exacerbated the growing amount of delinquent medical debt. Even before the pandemic, federal and state legislators and regulators identified what they believed to be fundamental flaws in how medical services are billed and what understanding consumers have of their financial responsibility for these services.

Last year saw an influx of federal and state regulation aimed at what information must be conveyed to consumers in anticipation of the provision of medical services as well as restrictions on the collection of medical debt. Expect more activity in 2023.

Federal Regulation of Medical
Debt

The No Surprises Act, effective Jan. 1, 2023, created new federal protections for consumers against “surprise medical bills.” The NSA regulates how medical providers may bill consumers for services and specifically bans surprise bills for emergency services, bans higher co-pays for out-of-network services, bans out-of-network charges for services provided during in-network facility visits, requires medical providers to provide consumers with notice of the NSA protections, and requires medical providers to provide uninsured consumers an up-front good faith estimate of costs for services.

On the heels of the NSA, the Consumer Financial Protection Bureau issued its first bulletin regarding the collection and credit reporting of medical debt. The bulletin’s purpose functioned as a refresher of sorts, reminding those who operate in the medical debt realm to comply with the Fair Debt Collection Practices Act and the Fair Credit Reporting Act.

Importantly, the bulletin concluded that medical debt posed a “special risk” to consumers because medical debt is typically an unanticipated indebtedness, consumers are not always advised of the costs of medical services in advance, and there is no real “marketplace” for medical services where consumers can shop for the best value. The CFPB also pointed to a lack of consumer education regarding medical insurance and how they can identify potential billing errors.

The CFPB warned it is targeting abusive medical debt collection, specifically collection of amounts not properly owed by operation of the NSA and will “closely review the practices of those engaged in the collection or reporting of medical debt.” To this end, the CFPB reminded credit reporting agencies (“CRAs”) and furnishers that they must have in place and follow reasonable procedures to assure the accuracy of the information being reported and furnished, as well as for investigations and dispute resolution.

In March of 2022, the CFPB issued its “official report” on the burdens faced by consumers created by medical debt. The report’s key findings were that as of June 2021 there was approximately $88 billion in medical debt reflected on consumer credit records, with most of the related tradelines being $500 or less. As of 2021, 58% of all consumer tradelines were medical debt, which, the report added, were negatively impacting credit scores.

The CFPB believed such tradelines were not a good predictor of creditworthiness, and significantly and disproportionately impacted certain communities. It concluded that current practices related to medical debt collections and credit reporting can cause “significant harm” to consumers. It also warned that CRAs and furnishers who fail to have reasonable procedures in place to assure that medical debt information is accurate will be held accountable.

Coming as no surprise, also in March of 2022, the CRAs responded to the CFPB’s official report by identifying changes they were implementing. Specifically, beginning July 1, 2022, defaulted medical debt placed for collections and which had subsequently been paid would no longer appear on a consumer credit report, diverging from the text of the FCRA, which allows for defaulted debt to be reported for seven years, regardless whether it has been paid.

The CRAs also stated that defaulted medical debt will not be reported until one year after default, diverging from the CRAs’ prior policy of reporting same after six months. And, beginning March 30, 2023, the CRAs will not place medical debts with furnished balances below $500 on a consumer report.

In April of 2022, the CFPB issued a bulletin illustrating how medical billing and collections may negatively impact consumers. The bulletin identified the most common consumer complaints regarding medical debt as (1) not recognizing or disputing that they owe a medical debt; (2) that collection notices either contained too little information regarding the nature of the debt or too much personal medical information; and (3) that medical debt was being credit reported improperly.

The CFPB added, this “strongly suggest[s] that many medical bills reported on credit reports are disputed, inaccurate, or not owed” and that it intends to “hold bad actors in the consumer financial services marketplace accountable.”

State Regulation of Medical
Debt

Last year saw several states enact laws similar to the NSA to regulate medical debt and its collection. The state laws share common themes including:

  • providing greater protections to indigent patients by limiting the actions creditors and collectors can take to recover balances owed

  • requiring notice to be provided to consumers prior to collection activity beginning with an opportunity to cure any default

  • requiring the provision of detailed information regarding a medical debt

  • limiting the legal remedies and recourses available to recover on a medical debt, including limits on the ability to bring a suit and executing on any judgment obtained on a medical debt

What to Expect in 2023

In late November, a bill was introduced in the U.S. Senate by Sen. Chris Murphy (D-Conn.) taking aim at the collection of medical debt, S. 5150, the Strengthening Consumer Protections and Medical Debt Transparency Act.

The legislation would provide for certain consumer protections related to medical debt collection applicable to both the medical provider as well as any “debt collector,” as defined by the FDCPA. It would also limit a medical provider, or its debt collector, from engaging in “extraordinary collection actions” (“ECAs”) prior to satisfying various conditions.

ECAs are defined to include selling an individual’s debt to another party; reporting adverse information about the individual to consumer credit reporting agencies or credit bureaus; deferring or denying, or requiring a payment before providing, medically necessary care because of an individual’s nonpayment of existing medical debt; and actions that require a legal or judicial process.

Among the conditions that must be satisfied before engaging in an ECA, the bill requires a healthcare provider or its debt collector to determine if the patient qualifies for financial assistance via state or federal programs, or via the facility’s own charity or assistance programs. It also prohibits engaging in an ECA until the expiration of a 180-day period beginning on the date on which an initial bill is sent to the consumer. The legislation would also prohibit an ECA from commencing (or require it to be halted) if notice is provided that a health insurance coverage appeal is pending.

Beyond ECAs, the bill would require that, prior to any collection activity, the medical provider or its debt collector “make all reasonable efforts to confirm the identity of the debtor.” It would also require the patient consumer to be provided with “an easy-to-understand itemized statement” of the debt owed prior to any debt collection activity along with a copy of any receipts for any payments made on the debt within 30 days of any such payment.

The message should be received by the receivables management industry loud and clear: medical debt is an area of great concern for state and federal regulators and lawmakers. The industry needs to respond accordingly by ensuring compliance with the newly enacted laws, including the NSA and state regulations. This includes revamping policies and procedures related to resolving consumer disputes of medical debt and ensuring the accuracy of any medical debt being furnished.

The accuracy and propriety of medical debt balances being collected upon and credit reported will face heightened scrutiny from regulators and, in turn, the consumer bar who will no doubt focus more attention on medical debt collection. It will be thorough and detailed policies and procedures with documented compliance that will address the heightened scrutiny over medical debt collection in 2023.

Regulating Medical Debt Collection: A 2022 Review and Look Ahead
http://www.insidearm.com/news/00048807-regulating-medical-debt-collection-2022-r/
http://www.insidearm.com/news/rss/
News

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

ConServe Employees Donate to ConnectLife

ROCHESTER, N.Y. — Continental Service Group, Inc., d/b/a ConServe, is a devoted community partner that strives to make the world a better place.  Through the organization’s ongoing philanthropy program, ConServe Cares, the ConServe team supports and funds the efforts of numerous local non-profit agencies that make a difference in our communities.  As a result of the employees’ compassion and generosity, countless lives have been touched and enriched.

In the month of December, the ConServe team along with their organization’s corporate “Matching Gift Program”, donated to ConnectLife.  George Huyler, Vice President of Human Resources at ConServe said, “ConnectLife’s commitment to educate and inspire blood donations in our communities is essential.  We are so proud and thankful to those employees that give so generously each month to our ConServe Cares program and support ConServe’s mission to ‘improve the human condition.’  By donating to organizations like ConnectLife, our employees can feel good that they are helping to save lives and improve our communities.”

Sarah R. Diina, Senior Director Marketing & Community Development said, “We are so grateful to have ConServe as a partner in saving lives, and we are so appreciative for their generous donation.  Thanks to their support, ConnectLife will be able to continue to further our education and awareness efforts across the community, and ultimately save more lives.”

About ConServe

ConServe is a top-performing accounts receivable management service provider specializing in customized recovery solutions for their Clients. Anchored in ethics and compliance, and steadfast in their pursuit of excellence, they are a consumer-centric organization that operates as an extension of their Clients’ valued brands.  For over 37 years, they have partnered with their Clients to provide unmatched customer service while simultaneously helping them achieve their accounts receivable management goals.  Visit us online at: www.conserve-arm.com  

About ConnectLife  

ConnectLife helps people help others. As a federally designated not-for-profit organ procurement organization and community blood bank, we save and enhance lives through organ, eye, tissue and blood donations.  Visit them online at:  www.ConnectLife.org


ConServe Employees Donate to ConnectLife
http://www.insidearm.com/news/00048818-conserve-employees-donate-connectlife/
http://www.insidearm.com/news/rss/
News

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

P&B Capital Group Donates to Therapeutic Jiu-Jitsu Training for Disabled Veterans

WEST SENECA, N.Y — P&B Capital Group LLC was honored to make a financial contribution this holiday season to the We Defy Foundation, a 501(c)3 organization providing combat veterans coping with military-connected disabilities a means to overcome challenges through Brazilian Jiu-Jitsu and fitness training. 

“Veteran care is important to us at P&B, as is personal fitness training. When we learned about what this organization is doing, we were impressed and wanted to be a part of it. They need corporate partners to do what they do and we are honored to do what we can to contribute,” said Ryan Kazmark, P&B Managing Partner. Kazmark spent 8 years total as a member of the 82nd Airborne Division — as Staff Sergeant in the US Army and later as part of the US Army Reserve.

Nationwide Training Facilities

WDF Training Facilities are located throughout the United States, and may even be located in your area according to the WDF facility map. The organization continues to seek out top-quality gyms, donors for the scholarship program, and volunteer ambassadors. Partnering with existing gyms allows the mission to grow in areas where eligible veterans have a need. According to the website, it costs an average of $2,500 to cover the costs of a one-year Jiu-Jitsu scholarship. 

Clothing with Purpose

Another method of supporting the organization is to purchase merchandise such as t-shirts, hoodies, decals, and hats. The 2022 Winter Collection is available for purchase here. The organization’s Board is run by volunteers who are passionate about Jiu-Jitsu as a long-term healing tool for helping disabled combat veterans cope with physical and mental health challenges. 

WDF Info & Stats

According to wedefyfoundation.org, the organization saw 500k raised in 2021 and was able to provide over 600 athlete scholarships in over 500 affiliate gyms across 45 states. The therapeutic healing provided through the sport of Jiu-Jitsu empowers veteran athletes “through integrity, discipline, personal accountability, mental and physical development, improved coordination, flexibility, adaptability, confidence, patience, and selfless service.”

About P&B Capital Group, LLC

P&B Capital Group, LLC is a nationally licensed, third-party collection agency that services non-performing accounts receivable and loan portfolios with compliance, transparency, and respect. We help consumers understand and resolve their financial obligations while providing improved cash flow for our creditor clients.

P&B Capital Group Donates to Therapeutic Jiu-Jitsu Training for Disabled Veterans

http://www.insidearm.com/news/00048808-pb-capital-group-donates-therapeutic-jiu-/
http://www.insidearm.com/news/rss/
News

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

Lack of Notice of Bankruptcy Filing Proves Fatal to FDCPA Claim

Creditors and debt collectors may rest assured that they are not violating the Fair Debt Collection Practices Act (FDCPA) when sending debt-collection communications prior to any knowledge of a debtor’s bankruptcy filing. In Carrasquillo v. CICA Collection Agency, Inc., the district court for the District of Puerto Rico relied on a Third Circuit case when finding a debt collector lacked the requisite knowledge and intent to violate § 1692e of the FDCPA. Consequently, the court dismissed the debtor’s case with prejudice — barring the debtor from bringing this specific FDCPA claim against the debt collector again.

As background, the plaintiff did not notify the debt collector, CICA Collection Agency, Inc. (CICA), of his bankruptcy filing prior to the debt-collection communication at issue. Although, the creditor and non-party to the action, Claro Puerto Rico (Claro) was listed on the bankruptcy petition, Claro also failed to inform CICA of the plaintiff’s bankruptcy filing. After receiving the debt-collection communication, the plaintiff, through his bankruptcy attorney, filed suit against CICA for violation of § 1692e of the FDCPA. The plaintiff alleged that at the time CICA mailed the debt-collection letter to him, CICA knew or should have known that he had filed for bankruptcy and was under the protection of the bankruptcy code. The court found the plaintiff’s arguments unpersuasive.

Specifically, the court articulated that “a debt collector’s unknowing violation of an automatic [bankruptcy] stay does not transform an otherwise accurate collection letter into a ‘false representation’ within the meaning of § 1692e,” on the other hand, a “false representation under § 1692e(2)(A) requires that the misrepresentation be intentional.” The court found that the provision prohibiting debt collectors from using false or misleading representation in the collection of any debt was not intended to punish debt collectors for failing to discover a debtor’s bankruptcy filing, but was instead intended to prohibit only knowing or intentional conduct by debt collectors.

The court did not penalize the debt collector for its lack of knowledge or even lack of diligence in determining whether the debtor was protected by the bankruptcy code before mailing the debt-collection letter. Instead, it appears the court penalized the debtor for failing to notify the debt collector of the bankruptcy filing resulting in dismissal of the claim with prejudice. Had the plaintiff informed CICA of his bankruptcy petition, and CICA nevertheless mailed out the collection letter following notice, the plaintiff’s claim may have survived.

Lack of Notice of Bankruptcy Filing Proves Fatal to FDCPA Claim
http://www.insidearm.com/news/00048806-lack-notice-bankruptcy-filing-proves-fata/
http://www.insidearm.com/news/rss/
News

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

Harvest Strategy Group Donates to Support Human Rights in Iran

DENVER, Colo — Harvest Strategy Group Inc. made a charitable contribution to the Abdorrahman Boroumand Center (ABC) for Human Rights in Iran. The compelling stories of the organization and its backstory are detailed on the website, iranrights.org. The nonprofit organization is working towards peaceful transition in Iran by documenting human rights abuses and promoting democratic values. 

ABC for Human Rights

ABC works to expose the ongoing government obstruction of rights and freedoms—freedoms that one may take for granted in a democratic nation: the right to a fair trial, the right to defend oneself in a court of law, the freedom to grow up without being forcefully married as a minor, the right to leave an abusive marriage, and more. The human rights abuses extend to women, children, and men alike, with politically motivated and government-sponsored censorship, manipulation, violence, arrests, and executions prevalent in the regime under ultimate and unchecked authority given to an unelected religious leader. 

Iranian Legal Climate

“In our part of the world, these kinds of abuses may feel distant, obscure, or even forgotten. While we remain committed to local outreach, we believe in focusing on the causes that matter to us most and this is one of them. We’re mindful of the legal protections, processes, and freedoms we enjoy—and the lack thereof in other more oppressive environments. In places like Iran, lawyers are routinely persecuted. Freedom of speech and the right to a fair trial, among other civil liberties, are still not available in some countries,” said David Ravin, Executive Vice President at Harvest Strategy Group

A Larger Mission

Harvest has a three-part mission as shown below.   Social influence is one of its three pillars because businesses exist for more than just financial gain. Businesses that support social causes can have an impact far beyond their own industry or geography. Improving the quality of life for someone in need is truly a business objective worth celebrating.  

Service: To lead the accounts receivable management industry in partnerships, service, technology and the delivery of superior results.

Economic: To operate the Company for profitable growth, increasing value for our stakeholders and expanding opportunities for development career growth for our employees.

Social:  To operate the Company in a way that actively recognizes the central role that business plays in our society by supporting our local community and those in need. 

About Harvest Strategy Group

Harvest Strategy Group provides single-point-of-contact, nationwide recovery management services for banks, finance companies, debt buyers, and credit unions. The company fosters an entrepreneurial environment and encourages its staff to challenge boundaries, think outside the box, and feel a sense of ownership and accountability for results. The Harvest team’s mission is to lead the accounts receivable management industry through strength in partnerships, exceptional service, and the delivery of superior results. To join the team, apply to Harvest Strategy Group online.

Harvest Strategy Group Donates to Support Human Rights in Iran
http://www.insidearm.com/news/00048805-harvest-strategy-group-donates-support-hu/
http://www.insidearm.com/news/rss/
News

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

How to Integrate Alternative Payment Methods into Your First and Third-Party Collections Strategy [Sponsored]

Alternative Payment Methods like PayPal, GooglePay, ApplePay, and Venmo are now ubiquitous in almost all commerce globally. Still, first and third-party debt collections agencies haven’t adapted their payment strategies to accommodate this payment trend. 

Here are two reasons why third-party agencies must adapt their payment strategies to accommodate these trends, or risk losing revenue to businesses who offer a more convenient payment method for consumers:


# 1 – Convenience for Consumers

Convenience is critical to getting consumers to make payments. Self-service has been the mantra in first and third-party debt collections for the last half-decade, and that’s great! One way to improve an already comprehensive online payment portal is through accepting PayPal, GooglePay, ApplePay, and Venmo. It removes a barrier for consumers who don’t have traditional bank accounts or credit cards, and providing more ways to pay will mean receiving more payments.


# 2 – Your (and your client’s) Bottomline

Lots of agencies claim to be “digital first” or even “digital only.” But agencies who adopt cutting edge digital payment offerings will truly stand out ahead of their competitors when it comes to having an effective digital strategy. It’s proof that you’re using the latest technology to guarantee the best possible collections results for your business and your clients.

Plus, and this is critical, as the debt collection market starts accepting PayPal, GooglePay, ApplePay, and Venmo, etc. as part of a standard payment strategy, agencies who have elected not to offer consumers those payment options will have lower success rates in answering RFPs.

So how can third-party agencies best identify and integrate those alternative payment methods into a larger payment system? Here are the first three steps:

Know your consumer. It seems like a no-brainer, right? The answer to this question will likely be in the type of debt you service. It’s critical to understand who your consumer is, what they want, and how they want to pay for what they want.

Know your APMs. There are a wide array of new payment options, but it’s not one size fits all. One size fits some. Figure out which options pair well with your business and your consumer base. Again, this will largely depend on the type of debt you are collecting and your consumer’s preferences.

Know your technology. Implementation is paramount. You want to offer your consumers a frictionless payment platform that integrates their favorite payment methods. Often, this is the hardest step.  One way to ensure a seamless implementation is to invest in payment technology that can work with any alternative payment method.

First and third-party agencies must start to prepare now in order to avoid falling behind when it comes to market share and revenue. Selecting the right payment provider is critical to your success in integrating the right alternative payment methods solutions for your business.

How to Integrate Alternative Payment Methods into Your First and Third-Party Collections Strategy [Sponsored]
http://www.insidearm.com/news/00048809-how-integrate-alternative-payment-methods/
http://www.insidearm.com/news/rss/
News

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

Actions are Louder than Words- 4th Circuit Kicks Case Back to State Court.

Once a litigation strategy is underway, changing course is not always easy. A debt collection firm recently learned this lesson the hard way when its timely attempt to transfer a case out of state court and into federal court was denied. According to the Fourth Circuit Court of Appeal, by initially participating in the state court action, a law firm waived its ability to remove its case to federal court.

In Redman v. Javitch Block, LLC (Case No. 21-2236), after successfully moving to vacate a default judgment, a consumer filed a state law class action suit against the collection law firm, Javitch Block, LLC (Javitch). The suit was subsequently amended to include allegations under the Fair Debt Collection Practices Act (FDCPA). Fourteen days after the consumer brought the FDCPA claims, Javitch filed a motion to dismiss the lawsuit. A few days later, the state court judge recused himself, and the judge who vacated the default judgment was assigned to the case. Hours later, Javitch filed a timely notice to transfer the case to federal court. 

In federal court, the consumer argued that the case should be transferred back to state court because Javitch continued to litigate in state court after the FDCPA claims were filed and thus could no longer remove the action. The district court agreed, holding that by filing that and other motions, Javitch waived its right to transfer the case to federal court. 

Javitch appealed, arguing that the motion to dismiss it filed in the state court did not prevent it from transferring the action. The Fourth Circuit disagreed, reasoning that engaging in defensive litigation, such as filing a motion to dismiss, indicates an intent to waive the right to remove and stay in state court. The Fourth Circuit also noted that by litigating in state court and only filing their notice of removal when the case was transferred to a particular judge, was essentially forum shopping.

You can read the opinion here

InsideARM’s Perspective

This case is a good reminder that in litigation, it is always essential to consider your next steps thoughtfully. As the law firm found out in this case, everything filed can have an effect on the potential next steps. Extenuating circumstances (like the appointment of a new judge) may not be enough to allow a deviation from a previously chosen path. It is wise to evaluate all options with counsel at the outset to ensure you don’t give a future court any reason to believe you have waived any of your legal rights. 

Actions are Louder than Words- 4th Circuit Kicks Case Back to State Court.
http://www.insidearm.com/news/00048803-actions-are-louder-words-4th-circuit-keep/
http://www.insidearm.com/news/rss/
News

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

DebtNext Software Team Continues Their Growth and Development with the Promotion of Several Team Members.

COPLEY, OH — DebtNext Software, a leading fintech software provider focused on recovery management solutions, is proud to announce new positions for several employees. Thom Majka will be starting a new role as Director of Client Success, Andy Hannan will embark on his new position as Director of Product Innovation, and Eric Port will take on a new position as Director of Operations.  

Thom has been the Director of Business Development for DebtNext Software since 2006. His 47 years of industry experience bring tremendous value to his new role that will complement client understanding of the DebtNext product and service offerings.  

“I’ve been fortunate to have been a part of DebtNext’s success and client growth for the past seventeen years. I’m looking forward to developing a focused communications medium with clients and their respective business users to listen, learn, and be accountable. Building trusting relationships has been and will be my daily pursuit for our vendor partners and mutual clients they service,” says Thom. 

Andy Hannan has been with DebtNext since 2013 and has been a part of the accounts receivables management industry for over 20 years. In his new role as Director of Product innovation, Andy will use his unique ability to be creative, energetic, and forward thinking to continue to play a critical role in the development of DebtNext Software products.  

“I am looking forward to continue working with a creative and curious team, developing a product that strives to create function rich solutions that empower customers,” says Andy. He will enable and contribute to a culture and process of innovation, identifying key business problems and ushering the development of solutions for DebtNext clients.  

Eric joined the DebtNext team in 2008 and brings a wide breadth of industry knowledge and platform experience.  In his new role as Director of Operations, Eric will be responsible for administering recurring client platform reviews as well as the management of contractual relationships with DebtNext clients. He will ensure that DebtNext is delivering the proper level of support to their growing client base.

Eric is excited about the opportunity, “The DebtNext platform has evolved into one of the most robust recovery management platforms in the industry.  It’s exciting to be a part of that.  I look forward to building on existing client relationships and ensuring our level of support is in line with client expectations,” he says.

“Our company would not have enjoyed the growth we have over the past twenty years without leaders like Thom, Andy, and Eric. We are continually evolving our client coverage and product teams and these positions are a direct reflection of Thom, Andy, and Eric’s efforts in those areas,” said Paul Goske, President of DebtNext Software. “We’re excited about continuing to build on our team’s success and grow our Platform’s functionality for our clients.” 

About DebtNext  

Founded in 2003 as a fintech software provider, DebtNext has been focused on recovery management solutions for their clients. Their industry leading platform, dPlat, is being used by some of the nation’s largest utility, telecommunications, financial services, and accounts receivable management firms. With an emphasis on client relationships, DebtNext is proud to help their clients achieve maximum operational efficiency and gain a competitive advantage.  To learn more about DebtNext, visit www.debtnext.com.

DebtNext Software Team Continues Their Growth and Development with the Promotion of Several Team Members.
http://www.insidearm.com/news/00048812-debtnext-software-team-continues-their-gr/
http://www.insidearm.com/news/rss/
News

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