Use Root Cause Analysis Methods to Improve Policies and Procedures

Use Root Cause Analysis Methods to Improve Policies and Procedures

Courtney Reynaud, President and CEO of Creditors Bureau USA, has found success in her agency with careful attention to policies, procedures, and work instructions. But, she didn’t always have such a strong compliance management system. Before her office focused on these practices, she noticed blame would often be placed on a single employee or a client. Reynaud explained that blaming …

Digital Engagement Technology in Debt Collection: Consent, Compliance and Risk

Digital Engagement Technology in Debt Collection: Consent, Compliance and Risk

Spam calls and change in communication preferences from younger generations is making it harder than ever for debt collectors to get consumers on the phone. That’s why digital engagement through email, text and electronic methods of payment are now becoming mainstream in accounts receivable. Mike Frost, partner at Malone, Frost, Martin PLLC., has been watching the compliance landscape since Regulation …

Steps to CFPB Compliance Throughout a Period of Shifting Priorities

Steps to CFPB Compliance Through a Period of Shifting Priorities

Implementing systems and workflows in line with Regulation F was a huge project for debt collectors. But recent remarks, social media posts, bulletins, blogs and CFPB press releases suggest that the focus on CFPB compliance isn’t over for AR professionals. Joann Needleman and Leslie Bender, Attorneys at Clark Hill Law, have monitored CFPB rules and actions for many years and …

Compliance Risk Assessment and Preparing for Digital Communication in AR

Compliance Risk Assessment and Preparing for Digital Communication in AR

The long-awaited Regulation F recently outlined how the CFPB expects debt collection agencies to operate. The Bureau’s intentions with the regulation are to standardize debt collection, protect consumers and create a better customer experience. Now that Regulation F has finally been implemented, industry experts like Mike Frost, partner at Malone, Frost, Martin PLLC, are monitoring its impact and encouraging agencies …

How Creditors and Collectors Can Work Together for Consent Management

How Creditor and Collectors Can Work Together for Consent Management

Regulation F is now a reality. Collectors across the country have prepared as best they can and are now beginning to implement new compliance policies and procedures. But what about creditors? All creditor clients that use a third party agency should know about Regulation F. Are you (and more importantly, are your clients) ready for data maintenance and handoff procedures …

Breaking Down Regulation F’s Debt Validation Notice

Breaking Down Regulation F Debt Validation Notice

Legal professionals for the ARM industry, like Leslie Bender and Joann Needleman of Clark Hill Law, have been addressing Regulation F implementation challenges since the rule was proposed. Since then, they have continued to be a guiding voice for debt collectors throughout the debt collection rulemaking process. Recently, they sat down with PDCflow’s Sales & Marketing Manager Dawn Updike to …

Compliance Roadmap: FDCPA Laws & Regulation F

Compliance Roadmap: FDCPA Laws & Regulation F

The implementation date for the CFPB’s Regulation F was November 30, 2021. By now, debt collection agencies should be fully compliant with this long-awaited rule. Despite this, many agencies are still struggling to modernize out of fear of being non-compliant. To help agencies prepare for these compliance challenges, PDCflow and financial services attorneys Joann Needleman and Leslie Bender, presented a …

Hunstein Decision: Collection and Consumer Attorneys Weigh In

Hunstein Decision: Collection and Consumer Attorneys Weigh In

The recent Hunstein decision has been a big talking point for debt collection since the ruling was made. Agencies are scrambling to understand the implications of this case, which found transmitting data from a debt collector to a letter vendor is a violation of third party disclosure, even as new suits are being filed. To get a handle on this …

The CFPB Completes Debt Collection Rulemaking

The CFPB Completes Debt Collection Rulemaking

This article was written by Joann Needleman, Ann E. Lemmo, and Leslie C. Bender. It was originally published by Clark Hill Law and is republished here with permission. On Dec. 18, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) completed its seven-year rulemaking process for debt collection. In 2013, the CFPB embarked on an ambitious journey to write regulations to interpret the 40-year-old Fair Debt …

The CFPB Issues Regulation F, but the Debt Collection Rules Are Far From Final

The CFPB Issues Regulation F, but the Debt Collection Rules Are Far From Final

This article was written by Joann Needleman, Leslie C. Bender and Ann E. Lemmo. It was originally published by Clark Hill Law and is republished here with permission. The long-awaited Final Rule (Regulation F) for the Fair Debt Collection Practices Act (FDCPA) was issued Friday afternoon, concluding a seven-year rulemaking process. In its official press release, the Consumer Financial Protection Bureau’s (CFPB or Bureau) Director, …

A Debt Collection Compliance Minefield: Call Baiting

A Debt Collection Compliance Minefield: Call Baiting

Adapting live conferences to a digital format has created many challenges for events coordinators this year. However, trade organizations – like the California Association of Collectors (CAC) – remain dedicated to providing resources and networking opportunities for members, just as in years past. During one session, Amanda Griffith, partner with Berman, Berman, Berman, Schneider & Lowary, LLP, discussed debt collection …

The Pending Debt Collection Rule and the Supreme Court Seila Decision

The Pending Debt Collection Rule and the Supreme Court Seila Decision

What will the Seila decision mean for the ARM industry and the pending debt collection rule? The only concrete takeaway from last month’s Supreme Court decision in the case of the Consumer Financial Protection Bureau (CFPB or Bureau) v. Seila was that the CFPB remains a federal independent agency whose director will now answer to the President. What is still …