Author Archives: John Bedard

To Foti, Or Not To Foti . . .

Seven years have passed since the collection industry was first introduced to Paul S. Foti, the now infamous plaintiff who complained about the content of a benign message left on his residential answering machine by a debt collector.   His case set into motion a tidal wave of regulatory and civil litigation across the country from…

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Managing Third Party Risk

Outsourcing is not unique to the collection industry.  It seems every industry in the country is outsourcing some portion of their operational functions.  The benefits of outsourcing include greater expertise on certain tasks, greater efficiency at completing those tasks, lower production costs, overall greater net revenue, and better quality service to clients.  The problem is…

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CFPB: Your New Medical Examiner?

Most men eagerly look forward to that glorious annual appointment – their prostate exam.  Right?  That inviting colonoscopy procedure sparks fond memories of holiday cheer and merriment too.   Ladies, nothing like climbing into those stirrups to conjure warm and fuzzy feelings of happiness and gentle comfort, no? Lest you are confused, this is not an…

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Managing Your TCPA Risk

The risk associated with dialing cell phone numbers has reached unprecedented levels. The Telephone Consumer Protection Act (TCPA) has become the weapon de jure among consumers and their attorneys. Unprotected debt collectors risk debilitating harm. Gone are the days where honest, hard working, ethical debt collectors may ignore the dangers of using dialing technology to…

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Defense Jedi: Protectors of the Industry

A long time ago in a courtroom far, far away . . . . Litigation Wars. Consumers are suing the collection industry with unprecedented fervor. Greedy consumers and their attorneys are seldom satisfied with statutory damages. They are focusing on the “low hanging fruit” and swinging for the fences. Regulators aim to punish collectors, not…

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Have You Read Your Letters Lately?

When is the last time you actually read your collection letters? I tell clients all the time, “Letters are easy – easy to get sued over, yet easy to get right at the outset before you send them out.” This is one area of the collection business in which an ounce of prevention is truly…

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