BLOOMINGTON, Minn. — Absolute
Resolutions Corp., headquartered in Bloomington, MN, announced today that they
have made donations to both World Central Kitchen and International Medical
Corps to aide in the ongoing Ukrainian humanitarian crisis.

World Central Kitchen was started
in 2010 after an earthquake devastated Haiti. They focus on bringing healthy
and safe food to the frontlines of disaster, currently serving thousands of
fresh meals to Ukrainian families both in Ukraine and the surrounding areas
where refugees are being transported. Founded on the belief that food can
foster a sense of community and jump-start economic recovery, they source
locally wherever possible and have even developed a Food Producer Network to
train aspiring chefs in skills and safety.

International Medical Corps is
providing a wide range of humanitarian relief including medical, mental health
and protection services to those who have been affected by Russia’s invasion in
Ukraine and in neighboring countries. They have a long-standing history of
helping Ukraine that dates back to 1999 when they delivered relief and medicine
to healthcare facilities and assisted in training medical staff. They are
currently prepared to expand their operations as the need arises in the
developing conditions.

“ARC stands with the citizens of
Ukraine as they face unimaginable circumstances. We are proud to support these
great organizations and the work they are doing on the frontlines.” stated
Chris Winkler, CEO.

About Absolute Resolutions Corp.

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

About World Central Kitchen
WCK is first to the frontlines, providing meals in response to
humanitarian, climate, and community crisis.
https://wck.org/

About International Medical Corps
International Medical Corps is a global, nonprofit, humanitarian aid
organization dedicated to saving lives and relieving suffering by providing
emergency medical services, as well as healthcare training and development
programs, to those affected by disaster, disease, or conflict.
https://internationalmedicalcorps.org

Following the lead of California, Colorado, and Virginia, Utah is set to become the fourth state to pass a comprehensive privacy law.

As of March 4, the Utah Consumer Privacy Act (SB 227) cleared both houses of the Utah legislature.  The UCPA closely resembles the Virginia Consumer Data Privacy Act, but with some interesting changes.  The law applies to controllers or processors that do processors that do business in Utah, or produce a product or service that is targeted to consumers who are Utah residents; have annual revenue of $25 million or more; and either (a) control or process personal data of 100,000 or more consumers in Utah during a calendar year, or (b) derive over 50% of the entity’s gross revenue from the sale of personal data and control or process the personal data of 25,000 or more consumers.  The law does not include a private right of action; rather, it will be enforced by the Utah AG.  If signed, the law will go into effect on December 31, 2023.

The law would vest consumers with rights such as the right to confirm whether a controller is processing their personal data, access and deletion rights, and opt-out rights.  The law would require controllers and processors to provide notice that (1) identifies categories of and purposes for which personal data are processed, (2) informs consumers how they may exercise a right, (3) categories of personal data the controller shares with third parties, and (4) the categories of third parties with whom the controller shares personal data.

The law also includes a 30-day right to cure.  Moreover, the law neither vests the AG with rulemaking authority, nor does it provide consumers the ability to opt-out of processing using a global privacy control.

While the Utah law will likely not significantly change compliance requirements for businesses subject to the California, Colorado, or Virginia laws, it will create new obligations for some companies.  It also serves as a reminder that states will continue to take different approaches, expanding the patchwork of varying legal requirements in the privacy field.

BLOOMINGTON, Minn. – March 10, 2022 – DCM Services, LLC
(DCMS) the industry leader in estate and specialty account recovery
solutions, has recently moved into a new office headquarters at The BLOC,
located at 1550 American Boulevard E, Suite 200 in Bloomington, MN. DCM
Services has seen exciting growth in recent years and the new office site
offers the setting necessary for further developing employees, better servicing
clients, and facilitating future growth.

The buildout occurred during Q4, 2021 and Q1, 2022. DCM
Services’ suite at The BLOC features open floor plans for collaboration, a
variety of meeting spaces, and exciting amenities like a 24-hour on-campus gym.
DCMS occupies three floors in its suite and each floor features large windows
to allow for natural light throughout the suite. Conference rooms are outfitted
with new video meeting technology and all employee workstations feature
motorized sit-stand desks.

The DCMS mission statement is “Inspired Create Solutions.” Chief
Operating Officer Tracey Bannochie said, “At long last, we are in our amazing
new space at The BLOC. An incredibly talented project team came together each
week inspired to create the best office solutions for our employees and
clients. The new space allows us to continue to build and enhance our culture.
We look forward to hosting our clients and industry colleagues in our new space.
Come visit DCMS at the BLOC!”

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The move went smoothly, and
operations are business as usual. The coming weeks will be spent settling in
and making the most of our new space with plans to install art and plants
throughout.

Make your next move your best move

Looking to jumpstart your career or make a career shift? Join a growing team of dynamic individuals
at DCM Services. Our employees love the awesome benefits, development
opportunities, and free food! DCMS provides employees with medical, dental,
vision, company paid short and long-term disability insurance, and life insurance
as well as 19 days of paid time off. Flexible scheduling allows for a healthy
work-life balance, and the casual dress code reinforces our friendly company
culture. “There’s always something new to learn. As long as you’re willing to
learn and work hard you can succeed! Once you’ve reached your goal get prepared
to achieve the next one!” says Sara Belisle, Sr. Claims Account Representative.

We’re currently looking for top talent in the following
areas: compliance, finance, operations, human resources, and information
technology. Hear from current employees about their career journeys at DCM
Services and apply today.

About DCM Services

Minneapolis-based DCM Services is the industry leader in
estate and specialty account resolution services, maximizing the value of
client portfolios across financial services, healthcare, auto, retail, telecom,
credit union, government and utilities industries through innovation and
performance. Its recovery solutions offer a full range of services from
proprietary web-based solutions to full outsourcing, maintaining an unmatched
spectrum of innovative solutions that increase recoveries, protect brand value,
and enhance survivor relationships – with respect and sensitivity. For more
information on all DCM Services’ offerings, please visit www.dcmservices.com.

MADISON, Wis., March 10, 2022 – On a recent Saturday morning, with the windchill temperature registering at -7 degrees, 11 members of the State team jumped in a Madison, Wis., lake. It was cold enough for cars to safely drive on the lake, so a block of ice had to be removed to make the jump possible. Why would State professionals engage in this feat? They were “Freezin’ for a Reason,” raising money for Special Olympics! Through the generous donations of our team members, clients, and partners as well as a 100% match from State, our team raised nearly $9000 to support these exceptional athletes.

Some State team members also met for lunch with a Special Olympics athlete. They were able to support his fundraising campaign to attend the upcoming Special Olympics National Bowling Tournament in Orlando, Fla. While at lunch, the athlete challenged State President Tim Haag to a bowling match. Watch State’s social media feeds for upcoming photos and results.

“It was gratifying to be able to work as a team to benefit Special Olympic athletes,” said Jake Richards, a State EBO Manager and this year’s Polar Plunge Team Captain. “We are already making plans for next year’s jump!”

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About State

State improves the financial picture for healthcare providers by delivering increased financial results while ensuring a positive patient experience. Rooted in a tradition of ethics, integrity and innovation since 1949, State uses data analytics to drive performance and speech analytics with ongoing training to ensure patient satisfaction. A family-owned company now in its third generation of leadership, State assists healthcare organizations with services spanning the complete revenue cycle including Pre-Service Financial Clearance, Early Out Self-Pay Resolution, Insurance Follow-Up and Bad Debt Collection. To learn more visit: www.statecollectionservice.com.

GENESEO, N.Y. –Coast Professional, Inc. (Coast) was recently awarded a Training APEX (previously Training 100, formerly Training Top 125) Award from Training Magazine. The Training APEX Awards recognize organizations with the most successful learning and development programs in the world. The awards rank companies’ excellence in employer-sponsored training programs using both quantitative and qualitative scoring methods. This is Coast’s third consecutive Training Magazine award, as the company received a Training 100 award in 2021 and a Training Top 125 award in 2020.   

The Training APEX Awards recognize corporate training initiatives, including the number of training hours per employee program, allocated training budget, human resource involvement, and strategic learning goals. Over the last three years, Coast’s Training Department employees have remained innovative and worked diligently to establish a world-class training program.  

“Coast is proud to be recognized as a Training APEX Award winner for the third consecutive year,” said Michael Del Valle, Coast Chief Compliance Officer and General Counsel. “The perseverance of our dedicated training staff has allowed Coast to uphold our mission to deliver exceptional customer service. This award is a fantastic honor for all of the Coast employees dedicated to ensuring our employees understand the rules and regulations related to ethical industry practices.” 

About Coast Professional, Inc.: 

Coast Professional, Inc. is an accounts receivable management and contact center-based company, dedicated to the respectful and ethical communication with consumers. Coast provides essential collection and business process outsourcing services to hundreds of campuses; universities; federal, state, and county governments; municipalities; and courts. Coast is an eight-time honoree on the Inc. 5000 list for America’s Fastest-Growing Private Companies provided by Inc. Magazine and in 2021, was recognized for the sixth time as one of the “Best Places to Work In Collections” by insideARM.com and Best Companies Group. Since 1976, Coast has worked closely with clients to increase recoveries by assisting consumers in resolving their financial obligations. Coast’s success is exemplified by exceptional recoveries, superior service, and dedication to the highest levels of compliance. More information about Coast can be found at   www.coastprofessional.com. 

It is commonly said that a Plaintiff can recover between $500 and $1,500 per call under the TCPA.

For Defendant, that may be wishful thinking.

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It has been a trend for some time that Courts allow a single call to constitute multiple violations of the statute. Typically a Court will only allow a single call to count once in violating a single particular section of the TCPA (usually 227(b) and 227(c)). But occasionally a court will go further and allow damages on individual Code of Federal Regulations (CFR) sections as well.

Well in Perrong v. Mla Int’l, Case No: 6:20-cv-1606-RBD-EJK, 2022 U.S. Dist. LEXIS 36759 (M.D. Fl.  March 02, 2022) a court just did something I have never seen before. And it is a little scary.

So setting the stage, the Defendant in Perrong defaulted–i.e. didn’t show up in court–and that put the company (and the apparent owner of the company Jose Ayala) at the mercy of the court.

The Court determined that the defendants had, in fact, sent 26 prerecorded calls to Perrong without consent. The question is–how much was that going to cost?

By Perrong’s figuring, those 26 calls should cost about $195k. Here’s how he calculated that:

• First, all 26 calls were prerecorded calls without consent, so that’s $13k off the bat. But that should be trebled for willfulness (why not?) so that’s $39k.

• Second, all 26 calls were made using an Automatic Telephone Dialing SysteATDS (huh?), that’s another $39k.

• Third, all 26 calls violated the Do Not Call (DNC) rules since his number was on the DNC list. So that’s another $39k.

• Fourth, all 26 calls automatically violate the CFR because the Defendant did not have an internal DNC policy, so that’s another $39k.

• Fifth, all 26 calls automatically violate the CFR again because Defendant did not produce its internal DNC policy, so that’s another $39k.

Hmmmm. Quite a few problems here from my perspective. But let’s see what the Court did.

Amazingly, the Court agreed that all calls made using a prerecorded voice NECESSARILY were also made using an ATDS: “it would be illogical to call someone and play a prerecorded message other than randomly or sequentially.”

Ummm.

First time ever that I’ve seen a court determine that prerecorded calls automatically trigger a minimum of $1,000.00 in damages because they were also made using an ATDS. Scary stuff.

The Court also agreed that Perrong’s DNC claim was valid.

However, the Court found Perrong had not stated enough facts to demonstrate that the internal DNC provisions were violated. As such Perrong was denied a victory on those claims.

The Court also refused to credit Perrong’s willfulness claims and declined to treble damages.

So Perrong ended up with $500 x 26 x 3=$39k, which is probably the most he should have recovered to begin with.

It is important for Defendants to keep cases like this in mind. An errant prerecorded call might cost you more than $500.00. Perhaps, a lot more.

ROCHESTER, N.Y. —
Continental Service
Group, Inc., d/b/a ConServe, is a devoted community partner.  By Fostering Financial Freedom^®
and empowering people to take control of their financial obligations in ways
that preserve their dignity and self-esteem, ConServe employees help 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 agencies that strive to make a
difference.  As a result of their
employee’s compassion and generosity, countless lives have been touched and
enriched.

In the month of February, the ConServe team, in conjunction with
the Company’s “Matching Gift Program”, donated to the American Heart
Association for the Rochester and Buffalo Regions.  “Our team of caring and committed employees
takes great pride in supporting a diverse group of local and national agencies
that help to make life a little easier for many people who are struggling with
health challenges,” said George Huyler, Vice President of Human Resources at
ConServe.

Jason
Stulb, Executive Director at the American Heart Association said, “We are so thankful
to ConServe Cares and to the community for supporting our lifesaving
work. Donations to the American Heart Association help fund breakthrough
medical research, transformational advocacy, and impactful education programs.
Thank you for helping us improve the health of our community.”

About ConServe
ConServe is a top-performing award-winning
provider of accounts receivable management services specializing in customized
recovery solutions for our Clients. Anchored with ethics and compliance, and
steadfast in our pursuit of excellence, we are a consumer-centric organization
that operates as an extension of our Client’s valued brand.  For over 33
years, we have partnered with our Clients to give them peace of mind while
simultaneously helping them achieve their goals. Ethics. Technology.
Performance.  Visit us online at: www.conserve-arm.com  

About the American
Heart Association:

The
American Heart Association is a relentless force for a world of longer,
healthier lives. We are dedicated to ensuring equitable health in all
communities. Through collaboration with numerous organizations, and powered by
millions of volunteers, we fund innovative research, advocate for the public’s
health and share lifesaving resources. The Dallas-based organization has been a
leading source of health information for nearly a century.

In Eggleston v. Reward Zone USA LLC, No. 2:20-cv-01027-SVW-KS (C.D. Cal. Jan. 28, 2022), the U.S. District Court for the Central District of California rejected the argument that text messages are “artificial or prerecorded voice messages” under the Telephone Consumer Protection Act (the TCPA).

The plaintiff, Lucine Trim, alleged that Reward Zone USA LLC (Reward Zone), sent spam advertisements and promotional offers to her cellphone via text message in violation of TCPA § 227(b). This provision makes it unlawful to “make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice” to any telephone number assigned to a cellular telephone service.

In granting a motion to dismiss the § 227(b) claims, the District Court first held that the system at issue does not qualify as an automatic telephone dialing system (ATDS) as defined by the statute. Under the TCPA, an ATDS consists of “equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator; and to dial such numbers.” In interpreting this definition, the District Court held that calling equipment only qualifies as an ATDS “if it uses a number generator to generate the phone numbers themselves — not if the number generator is used merely to index the phone numbers or select phone numbers from that index.” Reward Zone only used a number generator to index and select telephone numbers from a database, therefore its dialing system does not qualify as an ATDS, and thus, calls made with it do not violate the prohibition against the use of ATDS in § 227(b).

The District Court also held that a violation had not occurred because text messages are not artificial or prerecorded voice messages. The plaintiff argued that text messages meet the statutory definition because “‘artificial’ means ‘humanly contrived, often on a natural model’; ‘prerecorded’ means ‘to set down in writing in advance of presentation or use’; and ‘voice’ means ‘an instrument or medium of expression.’” The District Court rejected this argument as being “beyond the bounds of common sense,” stating:

“Plaintiff’s interpretation conflicts with a primary principle of statutory interpretation — that words in a statute should generally be given their most natural understanding unless circumstances suggest otherwise. See Duguid, 141 S.Ct. at 1169. The most natural, commonplace understanding of “voice” is the sound produced by one’s vocal system. Indeed, it is not plausible that Congress intended the word “voice” in the TCPA to carry the tertiary, metaphorical meaning that plaintiff suggests over this primary, natural meaning — especially since if Congress had intended to adopt plaintiff’s broad meaning, it could have easily chosen clearer, more literal terms to do so, such as “medium of expression” or “communication.” [emphasis supplied by the District Court].”

This case shows that for purposes of the TCPA, a text message is simply that: a message consisting of written text. And such messages do not qualify as artificial or prerecorded voice messages that can give rise to liability under § 227(b).

SKOKIE,
Ill. — Recently, Judge Michael A. Shipp of the District Court for the District
of New Jersey granted Halsted Financial Services, LLC’s motion to dismiss a
Fair Debt Collection Practices Act class-action lawsuit over a settlement offer
in a collection letter. The plaintiff received a letter offering a 20% discount
to settle a debt, but the discount applied to only one of the two payment plan
options that were offered within the letter.

A
copy of the ruling in the case of Pistone v. Halsted Financial
Services can be found here. 

Pistone
filed the class-action lawsuit on behalf of herself and others similarly
situated, alleging the letter violated Section 1692e of the FDCPA because only
one of the two re-payment options included the 20% savings on the balance owed
as indicated across the top of the letter.

Judge
Shipp reasoned that the least sophisticated debtor would not be confused by
multiple payment options, especially because the second offer stated, “[i]f you
cannot take advantage of the above offer,” which indicated it was a distinct
offer from the first one. “The letter clearly offers two separate options, and
simple logic dictates that only one of those options can equal the 20% offer,”
Judge Shipp wrote.

“We
are of course very pleased with this outcome,” commented Brian Glass, General
Counsel for Halsted Financial Services. “We believe strongly in our
payment offers and solutions. Through these repayment options, we will continue
to help consumers in need of our assistance”.