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News & Resources

Don’t Waste Your Resources: No FCRA Claim for Frivolous Disputes

Data furnishers do not have a legal obligation to report and investigate “frivolous or irrelevant” disputes.  If you are a data furnisher, you need to know when a dispute is considered frivolous under the FCRA.

Per the FCRA, a dispute is frivolous if the consumer fails to provide “sufficient information” to aid in investigating the dispute. 

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No “Prior Express Consent” to Call Cell Number Provided?

If you are autodialing cell numbers, you should be aware of a recent decision that could affect how courts are interpreting the “prior express consent” provision of the Telephone Consumer Protection Act (TCPA).

Pursuant to the TCPA, it is permissible to place autodialed or prerecorded message calls to a cell if “made with the prior express consent of the called party.”  In a 2008 Federal Communications Commission Ruling (FCC Ruling), the FCC ruled that “prior express consent” exists when a consumer provides a cell number to a creditor (e.g., on a credit application) in connection with the transaction that resulted in the debt. 

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YOUR LONG STANDING VALIDATION LETTER MAY NOW SUBJECT YOU TO CLASS LITIGATION

We have recently seen a rise in the number of plaintiff's attorneys and regulators challenging long standing language found in the initial letters for many agencies.  Does this look familiar?

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid.

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“Robo-Signing” & “Rubber-Stamping”: Don’t!!!

The debate over “rubber-stamping” and “robo-signing” documents to prove the validity of debts has been prominent in the debt collection industry for the past several years.

The California Attorney General’s Office recently announced that they filed an action against JPMorgan Chase alleging that the bank engaged in fraudulent and unlawful collection practices by “robo-singing” litigation filings, e.g., sworn documents, declarations, and verified complaints, without reviewing and confirming the information was accurate before signing. 

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Separating the Divide Between Buyers and Collectors: Licensing Requirement for Debt Buyers in Washington State

If you are a debt buyer, effective October 1, 2013, you will need a debt collection license to collect in Washington.
                                                   
The current definition of a “collection agency” under the Washington Collection Agency Act does not specifically reference debt buyers.  Therefore, it has been a widely accepted practice for debt buyers to collect debts from Washington consumers without obtaining a license.  

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