• CAN-SPAM Act
• Electronic Funds Transfer Act (EFTA)
• Fair Debt Collection Practices Act (FDCPA), FTC Staff Opinion Letters on the FDCPA, FTC Staff Commentary on the FDCPA
• Fair Credit Reporting Act (FCRA)
• Federal Information Security Management Act (FISMA)
• Gramm-Leach-Bliley Act (GLBA)
• Health Insurance Portability and Accountability Act (HIPAA)
• PCI-DSS
• Red Flags Rule
• Servicemembers Civil Relief Act (SCRA)
• Telephone Consumer Protection Act (TCPA)
• Truth in Lending Act (TILA)
• U.S. Bankruptcy Code

Each week we bring you 10 of our most favorite stories from around the industry.

Week of August 22, 2010

1. BBB Warns About Bogus Debt Collectors; Local Woman Targeted

(KWTX.com, 08/27/10)

The Better Business Bureau issued a bulletin Friday warning about phony debt collection callers who claim to be from the Kentucky-based payday loan company U.S. Cash Advance.”

2. HEPSEN v. J.C. CHRISTENSEN AND ASSOCIATES, INC.

(Leagle.com, 08/25/10)

This appeal concerns an award of attorneys’ fees under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. After a one-day bench trial before a magistrate judge, Defendant J.C. Christensen and Associates, Inc. (“Christensen”), was found to have committed two violations of the FDCPA. The magistrate judge awarded Plaintiff Ahmet Hepsen (“Hepsen”) $500 in statutory damages. Having prevailed in his FDCPA action, Hepsen filed a motion for an award of attorneys’ fees under the FDCPA. At the time the magistrate judge ruled on the motion, Hepsen sought $54,273.50 in attorneys’ fees. Hepsen did not receive the requested $54,273.50..”

3. Debt collector accused of continuing to run an agency from prison

(Buffalo News, 08/25/10)

A Lancaster man imprisoned on a parole violation has been accused by Attorney General Andrew M. Cuomo of illegally operating his Buffalo debt collection agency from federal prison.

4. Ramos bill would set criteria for reporting outstanding health care debt

(NJ.com, 08/24/10)

Hoboken Assemblyman Ruben Ramos Jr. will introduce legislation that would require health care providers to notify patients with outstanding debt before reporting them to a private collection agency or consumer reporting agency.”

5. City approves new system to collect unpaid taxes

(Lancaster Eagle Gazette, 08/24/10)

Lancaster will enter into a new agreement with a tax collection agency in an effort to acquire money owed to the city, but not paid.”

6. Lawsuits Filed Against Agencies, Creditors Decline

(Credit & Collections Risk, 08/24/10)

The number of collection agencies and creditors sued between August 1-15 totaled 426, down from 488 sued in the July 16-31 period, but up from 389 in the first half of July, according to data from U.S. District Courts.”

7. Collection Agencies Maintain Growth Posture in Tough Economy

(insideARM.com, 08/18/10)

An increase in placements and portfolio supply has prompted collection agencies and debt buyers to hire people recently. Meanwhile, the performance outlook for the ARM industry remains strained.”

8. Kaulkin Gingsberg’s Michael Lamm asks, “What is Your “Plan of Attack”?

(insideARM.com, 08/24/10)

I love the summer. Who doesn’t?  It is a great time to be with your family and friends and to be outside if it is not 100 degrees and humid, like it has been in the Philadelphia area recently!  It is also a good time to reflect on how the year has been going with your debt collection agency, and to figure out your “plan of attack” for the remainder of the year and 2011.”

9. Final Changes Restricting Credit Cards will have Lingering Impact on ARM

(insideARM.com, 08/23/10)

The rules of the game governing credit cards are changing yet again, as the final provisions of federal legislation involving credit card interest rates and fees went into effect yesterday. The big buzz this is creating is centered on credit card interest rates reaching a nine-year high, expected to go up even further in light of these new restrictions.”

10. TOTAL U.S. BANKRUPTCIES IN FIRST HALF OF 2010 UP 14 PERCENT OVER FIRST HALF OF 2009

(American Bankruptcy Institute press release, 08/17/10)

The total number of U.S. bankruptcies filed during the first six months of 2010 increased 14 percent over the same six-month period in 2009, according to data released today by the Administrative Office of the U.S. Courts. Total filings reached 810,209 during the first half of the calendar year of 2010 (January 1-June 30), compared to 711,550 cases filed over the same period in 2009. The totals represent the highest number of filings for the first six months of a calendar year since 2005, when the Bankruptcy Code was amended.”

Each week we bring you 10 of our most favorite stories from around the industry.

Week of August 15, 2010

1. ‘The Huckebee Show’ Features ‘Debt Collectors Gone Wild’ (VIDEO)

(TVSquad.com, 08/17/10)

The Huckebee Show‘ (weekdays, syndicated) on Tuesday featured the cautionary tale of Michelle Minton. The mother of two young children received a call from a bill collector — who also represented himself as a lawyer — claiming she owed $4,500.”

2. Judgments Are Not Worth The Paper They’re Printed On

(JD SUPRA, 08/19/10)

The current economic crisis is making the debt collectors scared. When there’s no money to put food on the table, even a favorable judgment through the courts means nothing. The judgment by itself doesn’t get you paid, according to Cincinnati debt collection law firm Slovin & Associates partner Randy Slovin.”

You can download a .pdf copy of the story here.

3. Minnesota orders debt collector out of business

(Star Tribue, 08/19/10)

A Wayzata debt collector who allegedly told a debtor “I will hunt you down like a dog” was ordered by state regulators to cease operations in Minnesota.”

4. Local debt-collection business expands to Sartell

(sctimes.com, 08/19/10)

A local debt collector’s business is booming — and its space is growing along with it.  Array Services is building a new home for one of its companies, ProSource Billing. Later this fall it will move into a new 23,000-square-foot facility in Sartell. Construction has already begun.”

5. SMITH v. ARROW FINANCIAL SERVICES, LLC

(Leagle.com, 08/17/10)

This is a Fair Debt Collection Practices Act (“FDCPA”) case in which Plaintiff Pamela E. Smith alleges that Defendant violated provisions of the Act through three voicemail messages and one email exchange. Defendant’s position is that both the voicemails and emails were left or sent in response to a specific request by Plaintiff at least a year into an ongoing and regular communication between Plaintiff and Defendant, and therefore were not in violation of the Act.”

6. Five men detained over debt collection released

(IrishTimes.com, 08/19/10)

FIVE MEN arrested by gardaí investigating aggressive debt collecting practices in the building trade in Dublin have been released without charge.”

7. Actions taken by debt collection agencies are limited by law in Oklahoma

(NewsOK, 08/18/10)

Seniors, beware. If you’re being harassed by calls from debt collectors, don’t be bullied into paying anything before knowing the law. In Oklahoma, the statute of limitations on most debt is three years and if you pay even as little as $5 on an old debt, you’ll reset the clock.”

8. Collection effort pays off

(TribToday.com, 08/18/10)

Warren’s debt collection agency has netted nearly $340,000 for city coffers since it started working on delinquent accounts four months ago.”

9. ANCHONDO v. ANDERSON, CRENSHAW & ASSOCIATES, L.L.C.

(Leagle.com, 08/16/10)

Defendant Anderson, Crenshaw & Associates, L.L.C. (ACA) appeals from a district court order awarding plaintiff Elsa Anchondo $63,333.52 in attorney fees, gross receipts tax, and costs under 15 U.S.C. § 1692k(a) after ACA agreed to a settlement in favor of Ms. Anchondo and the class she represents on their claims against ACA under the Fair Debt Collection Practices Act (FDCPA). ACA contends the district court erred in certain respects in determining the amount of the attorney fee award. We review the district court’s award for an abuse of discretion, see, e.g., Jane L. v. Bangerter, 61 F.3d 1505, 1509 (10th Cir. 1995), and affirm for the reasons expressed below.”

10. Collection Agency Opens Case On Anthony’s Court Debt

(WESH.com, 08/17/10)

ORLANDO, Fla. — Court records show that a collection agency has opened a case to recover money Casey Anthony owes on her theft case.”

Each week we bring you our 10 most favorite stories from around the industry.

Week of June 20, 2010

1. Woman sues debt collector for using profanity

(The Southeast Texas Record 06/23/10)

A Texas woman is suing a collection agency over allegations that the debt collector used profane language when attempting to collect a debt and placed calls to her as late as 10pm.

2. Suthers Warns About Phony Debt Collection Calls

(CBS4Denver.com 06/22/10)

Callers with foreign accents are demanding prompt payment from Colorado residents and threatening legal action if payment is not received right away. But, Colorado Attorney General John Suthers says not so fast-the calls appear to be bogus.

3. Spencer couple sues banks for collection violations

(The West Virginia Record 06/22/10)

Couple has eyes set on banks over alleged collection practices.

4. Tough Times Projected for Debt Collectors

(CreditInfoCenter.com press release, accessed 06/24/10)

CreditInfoCenter.com is predicting that the debt collections industry should prepare for a rough ride.

5. Summit Account Resolution Achieves a Perfect A+ BBB Rating

(Summit Account Resolution press release, accessed 06/21/10)

A Minnesota-based collection agency has earned a A+ rating with the Better Business Bureau. Further proof that not all collectors are “bad guys.”

6. Rein in wild debt collectors: Thousands of New Yorkers are being unfairly targeted

(NYDailyNews.com 06/20/10)

Columnist Errol Louis sheds light on “junk lawsuits” which are “clogging the courts” in New York. The article goes on to state, however, “Nobody is suggesting that people get out of paying legal, legitimate debts.”

7. Top 5 Celebrity Bankruptcies

(MyBankTracker 6/24/10)

Actress Kim Basinger,  musicians MC Hammer and Cyndi Lauper, blogger elite Perez Hilton,  and former US President Abraham Lincoln prove that even successful people can fall on hard times.

8. LexisNexis Risk Solutions Simplifies Skip Tracing and Enhances Collections Productivity

(insideARM.com 06/23/10)

The new “Skip Wizard” accelerates the skip tracing process and helps new skip tracers be more productive.

9. A Powerful Group Aligns Against the ARM Industry

(insideARM.com 06/22/10)

insideARM.com’s Patrick Lundsford shares his reaction to the recent press release issued by a New York chapter of AARP.

10. Columbia Ultimate President and CEO to Receive ACA International Award

(Columbia Ultimate press release, 06/22/10)

Columbia Ultimate’s R. Fred Houston set to receive ACA’s Affiliate Member Award of Excellence.

Would you believe it if I told you that Abraham Lincoln, Walt Disney, and Henry Ford were once bankrupt? I didn’t think so. But it’s true!

A couple of days ago I came across an article on CNN’s website, Seven Famous People Who Survived Bankruptcy. Among those cited above, the list also contains Burt Reynolds, Milton Hersey, H.J. Heinz, and P.T. Barnum.

The story also points out other government officials who found themselves short on cash including: Ulysses S. Grant, Thomas Jefferson, and William McKinley. And, in addition to Ford, General Motors founder William Crapo Durant went belly up.

Are you aware of any other famous bankruptcy petitioners?

Gary Jensen
editor collector mentor

image on flickr c/o ~MVI~