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Debt Collection 101: Episode 22 – Skinner vs. LVNV Funding


What decides a business as acting as a debt collector?

Court decisions are very tricky. When you think one decision is going to be made, the evidence tends to point to another conclusion. The court case of Skinner vs. LVNV is one of those primary examples. We give you a brief rundown of this court case, and it’s proceedings. What decision was made? Does this court case impact the future of debt collection? Watch and Keep Reading!

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Debt Collection 101: Episode 21 – Identity Fraud and the Debt Collection Industry


What happens when your identity is stolen and a collections agency contacts you?

Hello everyone and welcome back to another exciting episode of Debt Collection 101 on Arbeit U. Today’s episode is all about identity fraud and debt collection. We have a very special guest today. They are going to share their experience with identity fraud and the outcome of it all. Who is this special guest? What happened to them? Watch the episode to get these questions and more answered. Watch and Keep Reading!

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Debt Collection 101: Episode 19 – Tax Season, Our Second Favorite Season


Get ready for tax season

Hello everyone! Its good to have you back at Arbeit U. Welcome to another episode of Debt Collection 101. Now that 2017 is coming to a close, we can all get ready for tax season. For collection agencies, this is the best time of the year. When consumers get their taxes back, its time to pay off some debt. Watch and Keep Reading!

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Debt Collection 101: Episode 16 – Breda vs. Cellco Partnership – Big Win Against TCPA


Could there be changes with VoIP services and autodialers due to TCPA regulations?

Hello and welcome to another exciting episode of Debt Collection 101 on Arbeit U.  As always, thanks for joining us today as we talk about all things debt collection. Have you heard of the recent Breda vs. Cellco Partnership case? If you haven’t, then you have come to the right place. Alex and Spencer share some details about the situation and how it relates to VoIP services, autodialers, and TCPA  regulations.
Watch and Keep Reading!

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Debt Collection 101: Episode 15 – The CFPB’s New Leader and the Future of Debt Collection


What is going to happen to the collections industry now that the CFPB has a new director?

Hey everyone and welcome to another edition of Debt Collection 101 on Arbeit U. Thanks for joining us today. We want to talk about the recent news involving the Consumer Financial Protection Bureau or CFPB for short and its new leadership. We want to share the news about the new Director of the CFPB if you haven’t already heard as well as ask the question, what does this mean for the debt collection industry? Watch and Keep Reading!

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Debt Collection 101: Episode 14 – Staff Appreciation – Making a Great Collection Agency


How collection agency staff appreciation makes for a successful company

Hello and welcome to another exciting episode of Debt Collection 101 on Arbeit U. Today’s topic as all about staff appreciation and it can go a long way to making a great collection agency. We have a special guest today that is going to share is methods for staff appreciation and how he built a successful collection agency. Also, this a very special episode because we filmed this video on location. So, who is this special guest? Where are Alex and Spencer? Also, does something funny happen at the end the video? Watch and have all your questions answered. Watch and Keep Reading!

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Debt Collection 101: Episode 13 – Updating Debt Collection Technology


Why updating your computer tech is important in collections

Welcome back to another episode of Debt Collection 101 on Arbeit U. We would like to ask you a quick question before we get started. Is your computer tech up to date? If the answer is no, then this episode is for you. Today’s episode is all about updating debt collection technology in your agency. Alex and Spencer have great advice as to why your tech should be updated.
Watch and Keep Reading!

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Debt Collection 101: Episode 12 – Why Should Collection Agencies Report to Credit Bureaus?


How collection agencies can benefit from reporting to credit bureaus

Welcome to another edition of Debt Collection 101. Today’s episode, Alex, and Spencer have special guest Jason Stroehlein has they discuss why collection agencies should report to credit bureaus. Watch and Keep Reading!

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Debt Collection 101: Episode 2 – TCPA Lawsuits and the Three Second Pause


How the Three-Second Pause Can Get You Sued

Welcome back to another episode of Debt Collection 101 on Arbeit U. If you want to avoid lawsuits, this episode is for you. Today’s episode is all about the three-second pause. Alex and Spencer will cover past court cases involving TCPA lawsuits and how the three-second pause was one of the main factors in each court case. Get helpful advice from the pros in the industry so you can avoid the courtrooms.

Welcome back

“Hello. Helloooo. Hi, is this John Smith?” That’s the sound of you guys getting sued! Great intro Spencer! Its Alex Villafranca and Spencer Farrell with Arbeit Software and we are back with the second episode of Debt Collection 101 on Arbeit U. The premier source for information on debt collection. Alright, so what we’re going to talk about today is the three-second pause. Specifically how it relates to getting TCPA lawsuits. More importantly how to stop spending money on TCPA lawsuits. Wouldn’t it be better to just not get a TCPA Lawsuit instead of just defending it and winning it?

Three-second pause leading to lawsuits

When we were developing our TCPA compliance solution Arbeit Click, we spent many hours researching TCPA cases and while doing so we stumbled across something and it was the three-second pause. So in every single TCPA case that we have read, or at least 95% of them, it always references the three-second pause before being connected to a live representative. I think you looked at robocallrights.com? Yes, robocallrights.com, the most interesting website in the world. It is a questionnaire for people who believe they may have gotten called from a robo dialer. Attorneys then screen the applicants and what they look for. So the third question down, is “if not recorded, is there a pause when you answer, before being connected to a live operator?” So attorneys are looking for that three-second pause in order to determine if they want to sue you or not.

We pulled an excerpt from a real TCPA case, Killman V Educational Credit Management Corporation and in it says; “Each time plaintiff answers a call from defendant there is a pause before the plaintiff is connected to a live person.” That’s how they actually knew it was an ATDS call. Right, and another one is Toric v Fingerhut which says; “when the plaintiff answered calls, she heard silence and had to wait on line to be connected to the next available representative.” The last one I want to share here is Ward v Collection Bureau of America.  It says specifically “defendants telephone system has the air mark of using an ATDS and or using robo calls in that plaintiff, upon answering calls from the defendant heard a period of silence followed by a pre-recorded voice. Instructing her to hold for the next available agent.”

How to Avoid these lawsuits

These are real court cases where people had to end up paying for using an ATDS. This is how the plaintiff knew it was an ATDS. So Alex its plain and simple, if you would like to avoid getting a TCPA lawsuit, do not us a product with the three-second pause. Yeah I mean its funny because whenever I’ve been to an ACA event, it seems like no one’s ever talked about how to prevent the lawsuits in the first place. They always talk about how you want human intervention at the time of placing the calls.  Why not prevent yourself from getting a TCPA case in the first place. I use the analogy; if you walk into a bank with a ski mask on, you will probably get arrested. So avoid the lawsuit altogether. Don’t wear a ski mask into a bank, and don’t have a three-second pause.

So if you enjoyed this, stay tuned. Tons of more great stuff coming, same time, same place, noon east coast time on Thursday. Want to learn even more helpful tips to avoid getting sued? Check out our blog: 5 Tips on How to Avoid a TCPA Lawsuit.

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