ARMCast

Don Maurice joins Brent and Eric for this episode and the trio discuss a pair of rulings from the Third Circuit Court of Appeals related to debt buying and the definition of debt collector under the FDCPA. 

In this episode, Brent Yarborough and Eric Rosenkoetter look back on the cases and regulatory events that shaped the ARM industry in 2018. 

Today, Eric Rosenkoetter and Brent Yarborough are talking about a number of topics, including the impact the recent midterm elections will have on the ARM industry, including the proposed debt collection rule from the Bureau of Consumer Financial Protection, recent enforcement actions from the FTC, especially the person writing press releases about those enforcement actions, and how a judge in Texas reacted to losing his election. 

Still on the topic of collection letters, Brent & Eric discuss the topic of overshadowing. Plaintiff's attorneys are parsing and dissecting every word of a collection letter, so what you say and how you say it matter a great deal. In this episode, Brent & Eric discuss the do's and don'ts of trying to collect during the validation period and what you need to say in your letters to be able to do that. 

Plaintiff's attorneys have been targeting collection letters recently, especially the portion of the letter that is intended to identify to creditor to whom the debt is owed. In this episode, Eric and Brent tackle some of the challenges associated with that identification.

In this episode, Eric Rosenkoetter and Brent Yarborough welcome noted bankruptcy expert and fellow Maurice Wutscher lawyer Al Hocheiser. The trio will be talking about the intersection of consumer protection laws, such as the Fair Debt Collection Practices Act, and bankruptcy. As Brent will say in a minute - bankruptcy can be a pretty dangerous place if you don’t know the rules. I’m looking forward to hearing their discussion.

Today, Eric Rosenkoetter and Brent Yarborough are talking a recent decision from the Third Circuit Court of Appeals in which a debt buyer was ruled to meet the definition of a debt collector under the Fair Debt Collection Practices Act. This case has wide-ranging implications for debt buyers and debt collectors and Brent and Eric are going to talk about those, as well as wax nostalgic about the magical powers of spinach.

In this episode, Eric and Brent discuss the Bureau of Consumer Financial Protection's consent order with National Credit Adjusters and its CEO, Brad Hochstein.

In this episode, Brent and Eric look at the nomination of Kathy Kraninger to be the next director of the Bureau of Consumer Financial Protection.

Brent & Eric discuss a number of changes related to the Bureau of Consumer Financial Protection. [Editor's Note: This podcast was recorded before a new permanent director was nominated for the agency].

David Reid, the director of government affairs and policy for RMA International, joins Eric and Brent to provide an update about what's going on at the state level in the ARM industry. David is one of the most respected experts in government affairs and everyone in the industry will benefit from hearing what he has to say.

In today's episode, Eric and Brent discuss the petition submitted to the Federal Communications Commission to address the Telephone Consumer Protection Act in the wake of an Appeals Court decision won by the ARM industry.

This case is set to be argued before the Seventh Circuit Court of Appeals later this month, but a new wrinkle in the case has raised its profile and importance. Eric and Brent discuss the case and its potential impact on the ARM industry.

Eric and Brent discuss an important ruling from the Massachusetts Supreme Judicial Court in which it ruled that a passive debt buyer did not require a state license as a debt collector. The ruling overturns a summary judgment ruling from a lower court in the state which had held that the defendant, LVNV Funding, did need a license under state law to operate as a debt buyer in Massachusetts. The lower court had certified a class action against the defendant.

In this episode, Brent Yarborough and Eric Rosenkoetter from Maurice Wutscher discuss the D.C. Court of Appeals decision in ACA v. FCC. The decision has significant implications for the ARM industry and how they attempt to contact and communicate with individuals and all collection agencies should review their policies and procedures as a result of this ruling.

In this episode, Eric and Brent break down the ruling from the Second Circuit Court of Appeals in Taylor v. Financial Recovery Services. The suit involves the disclosures that are required in collection letters.

On Debt Buyers & Pot Dealers

In this episode, Eric and Brent discuss a number of recent rulings that raise some concerns about the use of safe harbor language in collection letters.

An interview with noted skiptracing expert Valerie McGilvrey

A podcast for the collections industry.