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Is Express Revocation Necessary? District Court Finds Genuine Dispute of Material Fact Regarding TCPA Consent, Absent Evidence of Express Revocation

A Kentucky district court judge recently granted in part and denied in part a defendant’s motion for summary judgment in a Telephone Consumer Protection Act (TCPA) case, Barnett v. First National Bank of Omaha. The court held that the plaintiff’s request to have information sent to him via the mail instead of over the phone, along with the plaintiff’s refusal to talk to a collector when the defendant called after choosing mailed delivery, gave rise to a genuine issue of fact as to whether the plaintiff revoked consent to be contacted, even without explicit revocation. In Barnett v. First National Bank of Omaha, the court examined consent and revocation under the FCC regulations that implement the requirements of the TCPA.

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The Ultimate Guide to Regulation F

Reg F is here, which means you need to be 100% ready. In this new eBook from TCN, you'll get a comprehensive breakdown of the CFPB's Reg F collection rules. Take a quick look at the biggest changes to these regulations, how they will affect your business, and strategies you can use to keep your call center compliant. Get the critical details on the 7-in-7 Rule, retaining compliance records, the model validation notice, email and text messaging, and more. Get the guide.
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insideARM is grateful to our 2024 Strategic Supporters:

NCB Crown Asset Management Spring Oaks Capital

TJ44 and Provana Establish Compliance Advisory

PALM SPRINGS, Calif -- Provana, provider of the industry’s first unified platform for compliance and performance management, today announced a strategic partnership with TJ44 Consulting LLC, a compliance consultancy founded by Tara Trantham, who was previously Chief Legal Officer and Chief Compliance Officer at Southern Management Corporation, in addition to General Counsel and Senior Vice President at World Acceptance Corporation (WRLD).

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NY Federal Court Blocks Retroactive Judgment Interest Law

A New York federal judge on April 28 temporarily enjoined three New York sheriffs from refusing to enforce judgment executions which seek to collect judgment interest “calculated with the interest rate in effect at the time the judgment was obtained.”

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Compliance Advisor, Tonia Brown, Joins ARM Compliance Business Solutions, LLC.

BIRMINGHAM, Ala. -- ARM Compliance Business Solutions is excited to announce that Tonia Brown has joined the company as a Senior Compliance Advisor. In this role, Tonia will navigate ARM Compliance Business Solutions clients through the ever-changing regulatory compliance requirements of consumer financial laws by enhancing their Compliance Management System through policy development and implementation, training development, service provider oversight, audit controls, and risk assessments.

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CFPB Issues Annual FDCPA Report; FTC Issues Annual Letter on Debt Collection to CFPB

The CFPB has issued its annual Fair Debt Collection Practices Act report covering the CFPB’s debt collection activities in 2021.  The report incorporates information from the FTC’s most recent annual letter to the CFPB describing its 2021 activities in the debt collection market, including information about the FTC’s enforcement actions involving collection practices directed at small businesses.

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Concepts2Code and SMAX Technologies Partner to Provide Real-time Integrated Consumer Portals

BUFFALO, N.Y. -- Concepts2Code and SMAX Technologies are pleased to announce a partnership that allows Agencies to have a seamless and real-time integration between their Collection Software and their payment portal. The partnership enables both the consumer and the agent to have full visibility of account information including payments, documents, settlement offers and more. Online payments made on the Concepts2Code Web Portal are immediately available in the SCollect system and transactions in the SCollect system are immediately available for the consumer to view on the portal.

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Data Matters: How to Build the Foundation of Your Data Stewardship, Standardization, and Security Programs - Session 2: Data Standardization

TOMORROW! May 4, 2022 at 02:00 p.m.

It's 2022, which means you are probably sitting on a giant pile of data. But some piles of data are MUCH more valuable than others.

If your data is organized, fully mapped, and accessible to your team, you're probably using it to grow revenue right now. If that data is disorganized and incomplete, it won't help with revenue, growth, or efficiency. It may also be a bigger compliance risk than you realize.

In this three-part iAST webinar for upper level executives and CTOs/CIOs in recovery and collections, find out how strong data stewardship, security, and standardization practices can help you organize your data, make it accessible, protect it, and use it to support significant revenue growth.

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