In this episode of ACA Cast, ACA International Board Member and Co-Managing Partner at Kaufman Dolowich Voluck in Philadelphia Richard Perr, talks with ACA Director of Education Kelli Krueger about the ins and outs on how member agencies should respond to lawsuits. Contact ACA Cast host, ACA Director of Education Kelli Krueger, at krueger@acainternational.org or Member Services at memberservices@acainternational.org  if you have a podcast idea for ACA Cast.Support the show (http://www.acainternational.org)

ACA Cast

ACA Cast: The Merits of Industry Lawsuits

The TransUnion v. Ramirez  decision from the U.S. Supreme Court is likely to have massive implications for standing for class certification and class actions, and potentially for the en banc petition seeking a rehearing on the panel opinion issued in Hunstein v. Preferred Collection & Mgmt. Servs. Inc. In the 5-4 opinion written by Justice Brett Kavanaugh, the court held that the class in the case did not have standing to sue—only the original plaintiff, Sergio Ramirez. Justices Clarence Thomas, Sonia Sotomayor, Stephen Breyer and Elena Kagan dissent on the opinion, ACA International previously reported.On this episode of ACA Cast,  Jason Tompkins and Jonathan Hoffmann, partners at Balch & Bingham LLP, talk with ACA Director of Education Kelli Krueger about the implications of the Supreme Court&apos;s decision on other case law and at the state level.They also reference a footnote in the court&apos;s opinion:For the first time in this court, the plaintiffs also argue that TransUnion “published” the class members’ information internally—for example, to employees within TransUnion and to the vendors that printed and sent the mailings that the class members received. That new argument is forfeited. In any event, it is unavailing. Many American courts did not traditionally recognize intra-company disclosures as actionable publications for purposes of the tort of defamation. See, e.g., Chalkley v. Atlantic Coast Line R. Co., 150 Va. 301, 326–328, 143 S. E. 631, 638–639 (1928). Nor have they necessarily recognized disclosures to printing vendors as actionable publications. See, e.g., Mack v. Delta Air Lines, Inc., 639 Fed. Appx. 582, 586 (CA11 2016). Moreover, even the plaintiffs’ cited cases require evidence that the defendant actually “brought an idea to the perception of another,” Restatement of Torts Section 559, Comment a, p. 140 (1938),  the defendant actually “brought an idea to the perception of another,” Restatement of Torts Section 559, Comment a, p. 140 (1938), and thus generally require evidence that the document was actually read and not merely processed, cf. Ostrowe v. Lee, 256 N. Y. 36, 38–39, 175 N. E. 505, 505–506 (1931) (Cardozo, C. J.).That evidence is lacking here. In short, the plaintiffs’ internal publication theory circumvents a fundamental requirement of an ordinary defamation claim—publication—and does not bear a sufficiently “close relationship” to the traditional defamation tort to qualify for Article III standing.Contact ACA Cast host, ACA Director of Education Kelli Krueger, at krueger@acainternational.org or Member Services at memberservices@acainternational.org  if you have a podcast idea for ACA Cast.Support the show (http://www.acainternational.org)

Implications of TransUnion v. Ramirez on Standing for Class Certifications and Class Actions

In this episode, ACA International Director of Education Kelli Krueger talked with founder of Emprise Technologies Marc Savage. Savage shared what an agency needs to do to stay relevant, and ultimately remain in business,  during this technological evolution in the accounts receivable management industry.  Contact ACA Cast host, ACA Director of Education Kelli Krueger, at krueger@acainternational.orgSupport the show (http://www.acainternational.org)

Driving Business Growth Through Technology

The U.S. House of Representatives passed the Comprehensive Debt Collection Improvement Act, H.R. 2547, May 13, mostly along party lines, which means the U.S. Senate could now consider the bill with extensive reforms to debt collection. In this episode of ACA Cast, Scott Purcell, president of ACA International, and president of Professional Credit Service, and Tim Myers, president of business development Clark County Collection Service LLC, and president of the Nevada Collectors Association, share their insights on the problematic components of this legislation related to medical debt and how ACA members can get involved in advocacy and educating lawmakers about the impact of the bill on businesses and health care provider clients.Contact ACA Cast host, ACA Director of Education Kelli Krueger, at krueger@acainternational.org or Member Services at memberservices@acainternational.org  if you have a podcast idea for ACA Cast.Support the show (http://www.acainternational.org)

Checks and Balances on Federal Medical Debt Collection Legislation

Have you ever wondered how a hostage negotiator would handle a tough collection or sales call or how they would tell you to negotiate a tough conversation with your significant other? Did you know there is such thing as a negotiations coach?  Listen to this episode of ACA Cast featuring Dan Oblinger and Allan Tsang to find out how these negotiation skills can apply to collections.Oblinger and Tsang specialize in consulting on negotiations and coaching companies in negotiations.They shared their experiences with negotiations across multiple industries and best practices for how to be more focused on developing negotiations as a skill. Contact ACA Cast host, ACA Director of Education Kelli Krueger, at krueger@acainternational.orgFree #NegotiationTribe Q&A Oblinger is the author of two books: “Life or Death Listening” and “The 28 Laws of Listening” and was recently a guest on the Negotiations Ninja podcast.Support the show (http://www.acainternational.org)

Bringing Negotiations to Collections

This is not the first place you’re going to hear a discussion about the new ruling from the 11th Circuit Court of Appeals on third-party disclosures and letter vendors. But in Hunstein v. Preferred Collection and Management Services, the more you know, the better you feel.  In this episode, Balch and Bingham attorneys Jason Tompkins and Jonathan Hoffmann join ACA’s Director of Education Kelli Krueger to dig into the ruling, its significance for the accounts receivable management (ARM) industry, and next steps for agency owners.    Support the show (http://www.acainternational.org)

Connecting the Dots in the 11th Circuit Hunstein Case

The latest episode of ACA Cast features KG Hawes, a technology company that focuses on delivering software and providing IT security services for the financial services, government, and health care markets.Jason Rhodes, business development manager for KG Hawes, and Hayden Reece, data analyst with Hawes Group, reviewed best practices for securing your network of remote employees and preventing cyberattacks.  They also present the latest trends and benefits of speech analytics and technological resources to ensure business continuity. Support the show (http://www.acainternational.org)

ACA Cast: Best Tools for Business Continuity in 2021

On a new episode of ACA Cast, Balch & Bingham attorneys Jason Tompkins and Jonathan Hoffman and ACA Director of Education Kelli Krueger revisit their December 2020 discussion on cases likely to impact the ARM industry following the U.S. Supreme Court’s decision in Facebook v. Duguid.Support the show (http://www.acainternational.org)

Looking Ahead Following U.S. Supreme Court Decision in Facebook v. Duguid

On the latest episode of ACA Cast, ACA’s Director of Education Kelli Krueger talks with Matt Campbell and Bobbie Blue from Renkim’s business development team about the company’s history and transformation into an employee-owned business. Support the show (http://www.acainternational.org)

ACA Cast: Building Relationships in the ARM Industry

On the latest episode of ACA Cast, ACA International’s Director of Education Kelli Krueger and Nags Odedra, client partner at FICO, discuss the ins and outs of making sure your collection system is future proof. Support the show (http://www.acainternational.org)

Modernizing Your Collection System

On a new episode of ACA Cast, Kirby Miller, sales director for Interactions, discusses conversation AI with ACA International’s Director of Education Kelli Krueger. Support the show (http://www.acainternational.org)

Building Conversations with AI

On a new episode of ACA Cast, Solutions by Text Vice President of Compliance and Risk Management Amanda Payton provides a roadmap for texting in a discussion with ACA Director of Education Kelli Krueger.Support the show (http://www.acainternational.org)

ACA Cast: Getting Started with Text Messaging

On a new episode of ACA Cast, Matt Maloney of FFAM360 Alliance Group of Companies and Shantanu Gangal dive into artificial intelligence and call flows in a discussion with ACA Director of Education Kelli Krueger. Support the show (http://www.acainternational.org)

ACA Cast: Supercharging Agent Productivity with AI

Tune in to this comprehensive episode of ACA Cast for a recap of the Federal Communications Commission's requirements to implement the TRACED Act as well as its impact on the accounts receivable management industry in the year ahead with Leah Dempsey, ACA's vice president and senior counsel of federal advocacy, and Mark Brennan, partner at Hogan Lovells in Washington, D.C. Support the show (http://www.acainternational.org)

Putting a Bow on the TRACED Act

On a new episode of ACA Cast, Balch & Bingham attorneys Jason Tompkins and Jonathan Hoffman dive into pending cases likely to impact the accounts receivable management industry in a discussion with ACA Director of Education Kelli Krueger.Support the show (http://www.acainternational.org)

Case by Case Basis: Member Attorneys Review Pending Court Decisions

This is the official podcast for ACA International, the largest membership organization in the accounts receivable management industry. ACA Cast delivers the latest accounts receivable management industry news and information.

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ACA Cast

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