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Small Business 101: Episode 46 – Small Business Banking Tips

How To Navigate banking For Small Business?

There a lot of aspects to running a small business and it’s easy to get overwhelmed, especially with banking. Fortunately, we have some must know small business banking tips for your business. In today’s episode, Alex and Spencer are joined by Ted Janicki. Vice President, Small Business Banker at Bank Of America where he shares advice that small business owners should know about banking.
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Debt Collection 101: Episode 65 – Interviews at the ACA Fall Forum

Last week, Arbeit hopped on a plane to the Windy City for the 2018 ACA Fall Forum. In addition to learning a ton and reconnecting with everyone, we wanted to find out a few things from ACA conference attendees. So, we walked around with a notepad and asked the following questions:

  • What is your favorite thing about the collections industry?
  • What is the most challenging part about the collections industry?
  • What do you think is the best way to motivate agents?
  • What is most important to you when considering contact software?

Thanks to a few willing participants, we gathered some data and we’re sharing it this week on Debt Collection 101!

Looking for more crowd sourced data? Check out some of our other data-centric episodes: Why Your Agency Needs to Get Rid of the 3-Second Pause and The Importance of Debt Surveys and Reviews (And How to Use Them).

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Small Business 101: Episode 45 – Does Work Life Balance Exist?

Is Work Life Balance Possible?

Work-life balance is thrown around by employers and employees alike but is it actually possible to achieve? In today’s episode, Alex and Spencer discuss their thoughts on work-life balance and if it’s possible.
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Cases in Point: Gaza v. Auto Glass America, LLC

TCPA Compliance of Text Messages Reexamined

Back in August, we shared with you the results of Nelson vs. Receivables Outsourcing, LLC. In this case, it was determined by a court in New Jersey that a text message was not a third party disclosure. Now, we have another ruling regarding the compliance of text messages. This time, the case comes out of the Middle District of Florida. More…

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Debt Collection 101: Episode 64 – Debt Collection Legal Advice And Best Practices

Debt Collection Legal Advice and Best Practices

Now more than ever debt collection law and compliance is something that agencies can’t ignore. In today’s episode, Alex and Spencer are joined by Monica Littman of Fineman, Krekstein & Harris where she shares debt collection legal advice and best practices to keep your firm legal savvy.

  • The first reason people file a lawsuit is they’re angry. They got a phone call they didn’t like. There’s something that they believe is impacting their credit report. They’re just unhappy.
  • The second reason that lawsuits get filed is when an attorney files a lawsuit and those are a little different. The consumer’s attorney may be looking for technical violations of the FDCPA. Looking at language in a letter or what was said on a telephone call.
  • collection agency should have their telephone scripts and letter templates reviewed by lawyers or compliance officers. They should always be aware that the attorneys are either listening to calls and also are looking at the letters when coming up with telephone scripts or letters.
  • When You Get served a lawsuit the best first step is call your lawyer. when you get served when a lawsuit, deadlines In court start ticking right away. It’s important that your lawyer gets them so you can calendar in those deadlines and evaluate your potential strategy.
  • To Navigate the debt collection legal field stay on top of it and know the different areas where there are different changes in the law. It’s been in the news lately that laws in California are very different than laws back here on the east coast so go speak with your lawyer to make sure that you’re doing everything should.

Looking for more educational information? Check out these Debt Collection 101 episodes covering Debt Collection Lawsuit: Overly Aggressive Tactics and TCPA Lawsuits and the Three Second Pause. Sharing is caring! If you like what you see, don’t forget to like, share and subscribe to Arbeit U for the latest in collections and small business!

Cases in Point: Shupe v. Capital One Bank

First TCPA Case Referencing Marks’ ATDS Definition

In the District Court of Arizona, the TCPA was called upon to condemn Capital One.The issue at hand? Consent, the DNC registry, and proof of an ATDS.

The Background
  • Plaintiff Shupe claimed Capital One violated the TCPA by calling after a DNC order was in place
  • Plaintiff also claimed that Capital One used an ATDS to call the cellphone in the first place
  • In response, Capital One provided their customer agreement on which cardholders acknowledge that Capital One can contact them “using an automated dialing or similar device.”
  • The customer agreement also states that if customers provide Capital One their “mobile telephone number, we may contact you at this number using an Autodialer.”
  • Plaintiff denied ever receiving or consenting to this agreement. Furthermore, they claimed they revoked consent to receive calls from Capital One.
The Decision
  • Referencing the controversial Marks decision, the court reinforced the definition of an ATDS as equipment that could engage in automatic dialing, regardless of whether human intervention is involved.
  • Because the plaintiff was unable to supply evidence of defendant’s ATDS software, the court granted summary judgment and ruled in favor of the creditor, Capital One.
  • Important to note is that were it not for the plaintiff’s inability to produce evidence of the use of an ATDS, this case could have gone a lot differently.
  • “Plaintiffs bear the burden of providing the elements of their Do-Not-Call claim, including that the calls were solicitations,” according to the court.
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Small Business 101: Episode 44 – Should You Have A Pioneering Business?

Should You Be A Business Pioneer?

We always see examples of people introducing the latest “pioneering business” but is being a pioneer always a good thing? In today’s episode, Alex and Spencer discuss whether or not you should have a pioneering business.
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Debt Collection 101: Episode 63 – Debt Collection Industry Trends: Tighter Credit Limits

Major Credit Card Companies Announce Tighter Credit Limits

Recently, Capital One and Discover announced that they would be more cautious in handing out big credit limits which could mean an economic downturn might be over the horizon. In today’s episode, Alex and Spencer discuss the new announcement and what it could mean for future debt collection industry trends.
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Cases in Point: FDCPA Labeling Requirements

Labeling Requirements Under the FDCPA

Plaintiff Smith believed she had grounds for a lawsuit based on the verbiage used on a notice. What are labeling requirements under the FDCPA? A new piece of litigation sheds some light.

The Background

Smith received a letter notifying her of outstanding debt. The letter identified PayPal Credit as the client and Comenity Capital Bank as the “original creditor.” This is because, according to court documents, “Comenity Capital Bank is the actual creditor, [but] the bank holds itself out as PayPal Credit in its transactions with consumers and thus would be more familiar with the PayPal name.”

Plantiff was not aware of this method, and so filed a lawsuit under the FDCPA with 2 sides. The first was that Simm failed to list the current creditor. The second was that the letter was false, deceptive or misleading.

The Decision

The court sided with Simms, finding that the notice stated the creditor information appropriately. Keeping in mind the “least sophisticated consumer,” the court still determined the labeling requirements were met. They determined that based on the letter, it was clear the debt was owed to Comenity.

In Simms case, it was argued the FDCPA does not require the “current creditor” listed in their labeling requirements. The court agreed. It was also found no issue with listing both entities on the notice. In their words, PayPal “properly identified the current creditor because the “least sophisticated consumer” is unlikely to know that Comenity is actually providing the credit line.”

What It Means for You

This case provides insight into FDCPA labeling requirements when listing the creditor. This case confirms an earlier case, Maximiliano v. Simm Associates, that settled a similar dispute. It came down to recognizing the value in helping the consumer recognize the debt by identifying both creditors.