Just a few years ago, many in the collection industry were wringing their hands in frustration: the Douglass decision on innocuous information appearing in the windows of envelopes spawned hundreds of class action lawsuits; claims regarding the tax implications of settlements, voicemail message content and call frequency were on the rise; and, lawsuits with collection calls “scripted” by consumer attorneys were being filed nearly every day.  Today, all of these issues are (mostly) in the past as debt collectors focus even more heavily on compliance and a number of positive Court decisions put to rest questionable legal theories upon which these FDCPA cases relied.  However, it is only a matter of time before new theories arise.  In the latest episode of the Debt Collection Drill, Moss & Barnett attorneys John Rossman http://www.lawmoss.com/john-rossman/ and Mike Poncin http://www.lawmoss.com/michael-s-poncin/ explore how the FDCPA landscape shifted and identify ways in which collectors can avoid being caught in the inevitable next wave of FDCPA lawsuits. 

Minnesota Law, Presented by Moss & Barnett

COLLECTORS FINALLY WINNING FDCPA CASES: HAS THE TIDE TURNED OR IS SOMETHING LURKING?

First party and early-out servicing provides an enhanced customer service experience and greater responsiveness for consumers.  These qualities make first party and early-out servicing beneficial for creditors as well as consumers.  However, as the prevalence of this type of servicing increases, consumer attorneys and regulators seek to find ways to apply traditional debt collection laws and statutes to first party and early-out servicing.  In the latest episode of the Debt Collection Drill, Moss & Barnett attorneys John Rossman http://www.lawmoss.com/john-rossman/, Mike Poncin http://www.lawmoss.com/michael-s-poncin/ and Dave Cherner http://www.lawmoss.com/david-d-cherner/ discuss risks for first party and early out servicing arising from the FTC DeMayo Opinion, discuss specific State licensing and disclosure requirements (24 States and jurisdictions may require early-out servicers to obtain a collection agency license) and also address possible CFPB rulemaking to modify the definition of default, as determined by meetings that Mr. Rossman and Mr. Cherner have attended with the CFPB through the Consumer Relations Consortium http://www.crconsortium.org/  

Three Overlooked Traps for First Party/Early Out Servicers

The issue of whether debt collectors may email consumers is finally being given serious consideration by regulators. A prescient article written by Rozanne Andersen in 2011 is the most comprehensive document on the topic of debt collection emails.  New York regulators took the next step toward opening up email to debt collection communication with the rules it published in 2015.  Earlier this year, the CFPB addressed the use of email for debt collection communications in several places in its Outline of Proposed Rules. In the most recent episode of the Debt Collection Drill podcast, attorneys John Rossman and Mike Poncin discuss the current legal landscape regarding the use of email for debt collection communication and provide specific steps for collection agencies to begin the use of email to contact consumers.

Should Debt Collectors Email Consumers?

Tom and Steve will take a look back at our program and how it evolved, share some thoughts on programming highlights, and discuss Steve's take on the show from the perspective of a non-lawyer. On behalf of the 180 employees of Moss & Barnett, here's a salute to WCCO Radio for inviting us to join their family of broadcasters and to express our very special thanks to all of our listeners. We look forward to being with you one last time for "Minnesota Law: The Finale."

October 27, 2012: Minnesota Law: The Finale

This is a best of Minnesota Law that first aired in April 2010. Tom Shroyer hosted Moss and Barnett business attorney Tony Marick on the topic of "Private Equity and Private Placements."

October 20, 2012: Private Equity and Private Placements

Tom Shroyer hosts Jim Vedder of Moss & Barnett's Family Law Practice Area on the topic of “The Presumptions of Family Law – and How to Challenge Them.”

October 13, 2012: The Presumptions of Family Law – and How to Challenge Them

Tom Shroyer hosts Marcy Frost on “The Independent Contractor Dilemma.”

October 6, 2012: The Independent Contractor Dilemma

Tom Shroyer hosts Cass Weil of our Creditors’ Remedies and Bankruptcy Practice Area on the topic of “Choices for a Troubled Business.”

September 29, 2012: Choices for a Troubled Business

This week's program is a Best of Minnesota Law that first aired in June of 2010. Tom Shroyer hosted Leamington Company CEO Brian Short on the topic of "What Makes Mediation Work."

September 22, 2012: What Makes Mediation Work

Tom Shroyer hosts Jim Rubenstein on the subject of “Alternatives to Bankruptcy.”

September 15, 2012: Alternatives to Bankruptcy

Tom Shroyer hosts Tom Sheran on the topic of “Health Care Reform Meets the Antitrust Laws.”

September 8, 2012: Health Care Reform Meets the Antitrust Laws

This week's show took place at the Minnesota State Fair. Tom Shroyer hosted Ed Winer, Co-Chair of Moss & Barnett's Family Law Practice Area, on the topic of "Attorneys - Friend or Foe?"

September 1, 2012: Attorneys - Friend or Foe?

Tom Shroyer and Susan Rhode co-host this week's show from the State Fair on Saturday. They welcome in special guest Chief Justice Lorie Gildea.

August 25, 2012: Special Guest Chief Justice Lorie Gildea

Susan Rhode hosts Marsha Stolt of Moss & Barnett's Intellectual Property Practice Area on the topic of "What's In A Name? Selecting and Protecting a Trademark" (originally aired on February 21, 2009).

August 18, 2012: What's In A Name? Selecting and Protecting a Trademark

This week's episode is a Best of Minnesota Law. Tom Shroyer hosted Moss & Barnett attorney Matt Kostolnik to disucss the topic of "Trade Secret Law."

August 11, 2012: Trade Secret Law

Tune in to WCCO 830 AM every Saturday from Noon until 1:00 PM as Moss & Barnett, A Professional Association, presents MINNESOTA LAW. MINNESOTA LAW focuses on interesting law facts, important new developments in the law, and other topical information and features a different Moss & Barnett attorney and topic each week. The show is hosted by Moss & Barnett's Tom Shroyer, an attorney with over 30 years of experience and Moss & Barnett's President and CEO, and WCCO Radio's Steve Thomson, a ten-year veteran of the station. Moss & Barnett's backup hosts are Susan Rhode, Co-Chair of Moss & Barnett's Family Law Practice Group, John Rossman, Chair of Moss & Barnett's Creditors' Remedies and Bankruptcy Practice Group, and Brian Grogan, Chair of Moss & Barnett's Municipal Communications and Infrastructure Practice Groups.

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Minnesota Law, Presented by Moss & Barnett

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