Author Archives: Michael Poncin & John Rossman

Letter Violation Lawsuits Rise — Avoid the Three Most Common Claims

Lawsuits alleging that debt collection letters violate the FDCPA decreased over the past few years as consumer attorneys focused litigation on Foti and TCPA claims.  Recently, letter violation lawsuits spiked with novel claims that are gaining traction in some Courts.  Attorneys John Rossman and Mike Poncin discuss three new letter violation claims that are being…

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The FTC Thinks Foti Message Violates the FDCPA…Now What?

Last week, a $3.2 million consent order between the FTC and a major debt collector shook collection industry to its core.  Not only was the amount of the fine unprecedented, but the subsequent restrictions placed on the debt collector by the FTC have broad implications. Importantly, the consent order apparently prohibits the use of the…

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Think Your Debt Dispute Process is Solid? Three Overlooked Laws Cause Turmoil

The consumer dispute triggers a well-defined required process in the accounts receivable management industry. But certain recent developments may prompt collection agencies to look into their workflow with more attentive eyes. Collection agencies likely spend significant time formulating and refining a service-oriented and Fair Debt Collections Practices Act (FDCPA)-compliant process for responding to consumer disputes.…

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Debt Collectors Face Six Figure Fines in New York City: Is Your Agency Next?

In this episode of the Debt Collection Drill audio blog, attorneys John Rossman and Mike Poncin discuss recent actions by the New York City Department of Consumer Affairs seeking six figure fines from debt collectors for failure to comply with New York City laws and some simple steps all agencies can take to avoid liability.…

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Is Every Debt Collection Call a Violation of the Law?

Sometimes it seems like everything a debt collector does can be parsed as a potential violation of some consumer statute, at least enough so to bring a civil action. Even when it appears the tide of precedent-setting court cases is turning in favor of the ARM industry, there are decisions that bring collection professionals back…

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