DBA International General Counsel, Barbara Sinsley and her partner Manny Newburger of Barron, Newburger, Sinsley & Wier, PLLC obtained a rare FTC Advisory Opinion for the firm’s client, the United States Foreclosure Network (“USFN”) on March 19, 2008.

USFN is a nationwide network of foreclosure law firms. Similar to DBA members, USFN members are debt collectors subject to the Fair Debt Collection Practices Act. USFN sought an opinion regarding the sending of information to consumers regarding various settlement options (loss mitigation programs) and possible liability under the FDCPA.

The FTC indicated that generally, the presentment of loss mitigation programs was not a FDCPA violation and stated:

 “Moreover, the Commission believes that it is in the public interest for consumers, who may be subject to foreclosure to receive truthful, non-misleading information about settlement options, especially in light of the recent prevalence of mortgage borrowers who are delinquent or in foreclosure.”

Debt collectors and consumers both benefit from this Advisory Opinion. As was stated by DBA’s General Counsel to InsideARM, the specific intent of including the foreclosure language in the contact letters was to benefit consumers.

DBA International thanks the FTC for the Advisory Opinion and the recognition that debt collectors should be able to communicate settlement options to consumers.

To view the FTC Advisory Opinion please click here.


FCRA (Fair Credit Reporting Act)

Credit Reports for delinquent child support, judgments, fines and liens may no longer be permitted

Feb 26, 2009- FTC Issues Report to Congress to Update the FDCPA-Report One   Report Two

Debt Collection Done from India Appeals to U.S. Agencies

Americans are used to receiving calls from India for insurance claims and credit card sales. But debt collection represents a growing business for outsourcing companies, especially as the American economyslows and its consumers struggle to pay for their purchases.
Fair Debt Collection Practices Act


Congress Passes Emergency Financial Legislation

Today, the House passed the Emergency Economic Stabilization Act by a vote of 263-171.  The House adopted the Senate version of the bill, which the Senate adopted this past Wednesday.  The bill will now proceed to the President, who has been strongly lobbying for passage of the measure throughout the week.

Once the President signs the bill into law, the advocacy effort will shift to the Treasury Department.  The Treasury Department is authorized to “prescribe such guidance, rules, or regulations as are necessary to carry out” the financial bailout. Further, the Treasury Department will be required to issue “program guidelines” within 45 days of enactment or within 2 days after the first asset purchase.  These guidelines must include, at a minimum:

(1) Mechanisms for purchasing troubled assets.

(2) Methods for pricing and valuing troubled assets.

(3) Procedures for selecting asset managers.

(4) Criteria for identifying troubled assets for purchase.

To see the full text of the bill, click here.

FTC Collecting Consumer Debts: The Challenges of Change

Payday Lending in America: Who borrows, where they borrow, and why

Key focus group findings on prepaid debit cards

Don’t have a bank? Learn about the ‘Bank on Toledo’ program

Customer Relationship Management Outsourcing Industry Report

Q2 2012 Outsourced Business Services Sector Review

Q3 2012 Outsourced Business Services Sector Review

Q4 2012 Outsourced Business Services Sector Year-End Review

Click here to read M&A Update for 1Q 2013

Q1 2013 Outsourced Business Services Sector Review

M&A Top 10 List

FTC Study Shines a Light On The Debt Buying Industry

FTC: Credit reports may have significant errors 

FTC Report 2.13.2013

NY warns against payday loan collections

Survive Today and Thrive Tomorrow: 8 Tactics from Successful ARM Companies

Dodd-Frank: Three Years Later

New Ruling: Debt Collectors Could Be Fined $1,500 Every Time They Call

To see all Consumer Financial Protection Bureau links, please click here

Accounts Receivable Management and Outsourced Business Services – Kaulkin Ginsberg Reports