Human Intervention in the Absence of FCC Guidance: Timing is everything
The industry is still without guidance on the definition of “automatic telephone dialing system” under the TCPA. The lack of guidance has left the courts to determine what factors of dialing equipment qualify as an ATDS. One of the court-created elements is human intervention.
Click-to-Call is a way to reach consumers with human intervention
DAKCS discusses the current contact solution landscape and problem, compliant solutions, and the process of Click-to-Call. In addition, we offer two testimonials that demonstrate how this product can help your business.
Customers’ Concerns About Obtaining Consent
On Thursday, October 17, 2019, DAKCS Interchange Summit attendees were broken up into six breakout groups to discuss various topics addressed in the NPR. Understanding the details of the Consumer Financial Protection Bureau’s (CFPB or Bureau) Notice of Proposed Rulemaking (NPR) dominated the Summit in October.
What Do the Comments to the NPR Tell Us About the Final Rule
Industry advocate and attorney, Joann Needleman, highlights some high-level themes found among major stakeholder groups that may indicate not only what the final rules may look like, but where the challenges to the Rule may lie.
DAKCS Software Submits Comments for CFPB Debt Collection Proposed Rule
DAKCS felt it important to file our NPR comments as well, which is why we filed a public comment in September displaying our opinions of the proposed rule as it pertains to the impact and benefits of our customers.
What Lavallee Means for the NPR and Electronic Communications
The Consumer Financial Protection Bureau’s (CFPB or Bureau) effort to address electronic communication in the Notice of Proposed Rulemaking (NPR) must be applauded. Its 2019 and when was the last time you wrote a letter, licked a stamped, or even wrote a check to pay a bill? We are moving into a new age and the ways of contacting a consumer needs to evolve accordingly.
DAKCS Difference in Action: Partnering on Washington State Interest Change
With a new interest law change put in place, DAKCS partners with Washington State and Idaho customers to find solutions. The new law impacts the interest charged on medical accounts and the letter changes regarding the debt.
Getting an ROI from the Limited Content Message
When the Consumer Financial Protection Bureau (CFPB or Bureau) issued its Outline of Proposed Rule for Debt Collection back in the summer of 2016, the industry applauded the CFPB’s plan for a limited content message (LCM). The LCM showed the power of the Bureau to actually do good and fixed the Foti problem that plagued the industry for years.
Navigating the Safe Harbors of the NPR
The CFPB Proposed Rule for debt collection provides, in certain instances, some specific safe harbors. Samples of the safe harbors that focus on consumer communication are listed in this article and should be reviewed carefully. Some may be disguised as safe harbors but in actuality, they are potential defenses in the event a claim is asserted against the debt collector for a violation of the FDCPA.
Is the CFPB’s Proposed Validation End Date a Wolf in Sheep’s Clothing?
Attorney and industry advocate Joann Needleman discusses what the proposed Validation End Date could really mean in the Proposed Rule. In the Notice of Proposed Rule (NPR), the Consumer Financial Protection Bureau (CFPB or Bureau) attempts to provide some clarity around the debt collector’s calculation and disclosure of the validation end date which is critical.
5 New Data Points of the Validation Notice Under the Proposed Rule
With the CFPB Proposed Rule, the debt collection industry is going to change. The newly proposed Validation Notice format in the CFPB’s NPR contains several new requirements that mean your client may need to send additional data, you may need to send more data to your vendors, and you may not be able to collect on certain accounts.