At a glanceFriday, September 13, 2019

Collection Industry News At A Glance - September 13, 2019
Friday September 13, 2019
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CFPB Partners with State Regulators for Financial Innovation Network

The Consumer Financial Protection Bureau (CFPB) this week announced a new partnership with a group of state-level regulating authorities to launch the American Consumer Financial Innovation Network (ACFIN), a network that is designed to “enhance coordination among federal and state regulators to facilitate financial innovation,” according to an announcement released by the CFPB.

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Integrating Technology in Servicing and Lending

Earlier this year, Flagstar Bank and Detroit FinTech Bay announced the first startups to participate in the Flagstar Mortgage Tech Accelerator Program. DS News spoke to FinTech professionals including Flagstar Head of Digital Lending Rocky Stubbs about how the program is impacting the shape of FinTechs in the mortgage and real estate industry, and where technology needs to grow and adapt.

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Why Companies Are Forming Cybersecurity Alliances

In the physical world, governments are responsible for keeping citizens and corporations safe from enemies. The digital world, so far, has been a little different. When it comes to cybersecurity and cyber attacks, most governments have spent much more time increasing their offensive capabilities than protecting companies and individuals.

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Ouch: California Debt Collector Hit With $267 Million TCPA Verdict

TCPA cases against debt collectors and first-party creditors are notoriously difficult to certify. They typically involve individual issues of consent and revocation that make certification impossible. But when a debt collection TCPA case does get certified, look out! They can get painful, as a California-based debt collector just found out in McMillion v. Rash Curtis & Associates, 4:16-cv-03396 (N.D. Cal.). The jury returned a whopping $267 million for 534,000 calls. Ouch.

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Phone Companies Ink Deal With All 50 States And D.C. To Combat Robocalls

AT&T, Sprint and Verizon and nine other telecommunications companies teamed up with attorneys general of all 50 states plus the District of Columbia to announce a new pact to eradicate a common scourge in America: illegal robocalls. The agreement, which amounts to a set of anti-robocall principles, is aimed at combating and preventing the phone-ringing annoyance. Included in the deal is call-blocking technology that will be integrated into a dozen phone networks' existing infrastructure, at no additional charge to customers.

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FTC sues marketers of student loan “debt relief” – and financer who helped it happen

Every spring at colleges across the country, many graduates receive a diploma in their hand – and an albatross around their neck. The burden of student loan debt weighs heavily on American families. And given the pressures on cash-strapped employees, businesses say they’re paying a price in productivity. The FTC has brought numerous cases against companies that pitch deceptive student loan “debt relief.” Actions announced by the FTC and the Minnesota Attorney General continue that effort, but come with a twist that should be relevant to those in the financial sector.

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Fifth Third Bank Receives Approval on Application to Convert to National Bank Charter

CINCINNATI--()--Fifth Third Bancorp (Nasdaq: FITB) today announced that Fifth Third Bank has received approval from the Office of the Comptroller of the Currency (“OCC”) to convert from an Ohio state-chartered bank to a national bank. The conversion is intended to better align regulatory supervision with its expanding national business model by streamlining its operations under one uniform set of laws and regulations.

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Waters, HFSC members stand by CUs, share updates on key issues at Caucus

On the final day of NAFCU's Congressional Caucus, House Financial Services Committee Chairwoman Maxine Waters, D-Calif., and a host of key members from the committee pledged to stand by credit unions in the fight to keep the industry's tax exemption intact and many called to halt the current expected credit loss (CECL) standard.

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EOS USA NAMES CANDICE O’BRIEN CHIEF OPERATING OFFICER

EOS USA, a leading provider of customer care and account receivable solutions, announces the appointment of Candice O’Brien as Chief Operating Officer (COO). A 25 year veteran of EOS USA, Ms. O’Brien most recently was Senior Vice President and head of US Asset Management (an EOS company). Ms. O’Brien holds an MBA from the University of Phoenix and is certified through the Risk Management Association (RMA). In addition, she currently sits on the board of NECA, a local division of the ACA. She is an industry expert in analytics, quality assurance and strategy development. “Candice assumes the COO mantle with a wealth of operational and financial experience”, said Tod Dillon, EOS USA CEO.

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Student loan experts sound alarm on ‘trillion-dollar blackhole’

Student loan experts warned the House that the student debt crisis is now a “trillion-dollar blackhole” and was hurting the financial system.   “Every 28 seconds, another borrower defaults… like kerosene on a fire, student debt is … tearing our country apart,” stated Seth Frotman, former student loan ombudsman and the executive director of the Student Borrower Protection Center. “We cannot continue to be lobbied into believing that the companies getting rich off the misery of millions of Americans are not part of the problem… [and] the trillion-dollar black hole in our financial markets.”

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Warren, Colleagues Ask Collapsed For-Profit ECA Not To Sell Student Debt to Collectors

Senator Elizabeth Warren (D-MA), Rep. Bobby Scott (R-VA), and other members of Congress have written to the collapsed for-profit college chain Education Corporation of America (ECA) and its court-appointed receiver asking that ECA not sell its outstanding student loan debt to a financial firm that would seek to collect payments from former students. The letter, sent yesterday, argues that the proposed sale of these student loans to debt collectors “is an unconscionable assault on the financial lives of former students, who have already suffered enough.”

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Americans are piling on credit card debt, despite recession warnings

One analyst’s estimate this week that “real” debt could be nearly 2000 percent of GDP attracted plenty of attention, but analysts who study consumer spending habits say there’s a real debt risk much closer to home: The amount and pace at which American consumers are racking up credit card debt. “As far as American's finances are concerned, the current situation is not too encouraging,” said Jill Gonzalez, senior analyst at personal finance platform WalletHub. “We started the year owing more than $1 trillion in credit card debt, and although we paid off a large chunk in the first quarter, that could be a sign that more debt will be taken on by consumers."

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Director Kraninger’s Speech at Innovation Policies Launch Event

Good morning! Thank you for the introduction. It’s great to be here in Atlanta today. One reason I’m in town is to open a new Bureau regional office. This will be our fourth regional office located outside of D.C. and by having a presence here in Atlanta, we will be better able to protect consumers. It also gave me an opportunity to make a major announcement outside of Washington, D.C. and include key partners from a different part of the country.    As you know, the mission of the CFPB is to protect consumers. You may typically think of this mission as consisting of regulation, supervision, enforcement, and education. These tools are all provided in the Dodd-Frank Act, and I’m determined to use the Bureau’s capabilities to carry out our mission. 

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CFPB and State Regulators Launch American Consumer Financial Innovation Network

WASHINGTON, D.C. – The Consumer Financial Protection Bureau (Bureau), working in partnership with multiple state regulators, launched the American Consumer Financial Innovation Network (ACFIN), a network to enhance coordination among federal and state regulators to facilitate financial innovation.   The Bureau invited all state regulators to join ACFIN, and the initial members of ACFIN are the Attorneys General of: Alabama, Arizona, Georgia, Indiana, South Carolina, Tennessee, and Utah. 

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Next steps for housing finance reform focus of Senate hearing

The Senate Banking Committee's hearing Tuesday focused on housing finance reform efforts revealed a commitment to ensuring credit unions' access to the secondary mortgage market. NAFCU has consistently shared with lawmakers, the administration and other stakeholders the importance of preserving this access.    “Congress, as well as the Administration, must work hand-in-hand to protect taxpayers and the safety and soundness of the housing finance system,” said NAFCU President and CEO Dan Berger. “First and foremost, a legislative solution is necessary and crucial to ensuring credit unions receive guaranteed access to the secondary mortgage market and fair pricing for their paper, and we appreciate the Senate Banking Committee’s commitment to these key issues. 

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Wells Fargo, Bank of America, Quicken Loans, others want DTI requirement eliminated from QM lending rules

Four of the largest mortgage lenders in the country are leading a coalition that is calling on the Consumer Financial Protection Bureau to make to changes to the Ability to Repay/Qualified Mortgage rule.   Specifically, the group, which includes Bank of America, Quicken Loans, Wells Fargo, and Caliber Home Loans, wants the CFPB to do away with the QM rule’s debt-to-income ratio requirement.

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Increased FCU loan limits would remove barriers to member service

CUNA strongly supports legislation that would provide the NCUA board the flexibility to increase federal credit union loan maturity limits, it wrote to the House Financial Services Committee Tuesday. The committee conducted a hearing on student loan debt, and CUNA’s letter highlights the ways credit unions could support student borrowers if certain barriers were removed.

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5th Circuit holds FHFA structure unconstitutional. Boost for Supreme Court challenge to CFPB?

(Reuters) - The en banc 5th U.S. Circuit Court of Appeals ruled Friday that the structure of the Federal Housing Finance Agency is unconstitutional under separation of powers doctrine because the agency’s lone director is insufficiently accountable to the president. The 5th Circuit’s ruling arguably creates a split in the federal circuits over the constitutionality of independent agencies headed by directors who can’t be removed without good cause. Both the 9th and D.C. Circuits, as you may recall, have found the structure of the Consumer Financial Protection Bureau, which parallels the FHFA’s structure in most regards, to be constitutional.

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U.S. Bank Acquires talech, Gains Digital Capabilities as It Transforms Its Business for the Future

MINNEAPOLIS--(BUSINESS WIRE)--Sep. 9, 2019-- U.S. Bank has acquired talech, a Palo Alto-based software company that helps small and medium-sized businesses simplify operations and make better decisions through an integrated point-of-sale system. This acquisition is one of the many ways U.S. Bank is increasing its digital expertise to provide value when and where customers interact with technology.

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Fed Chair Jerome Powell: Consumers are not “clamoring” for central bank backed cryptocurrencies

spoke about central bank digital currencies and Facebook's proposed Libra stable coin-like digital currency." data-reactid="16" style="margin: 0px 0px 1em; color: #26282a; font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif; font-size: 15px; font-style: normal; font-variant-ligatures: normal; font-variant-caps: normal; font-weight: 400; letter-spacing: normal; orphans: 2; text-align: start; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px; -webkit-text-stroke-width: 0px; background-color: #ffffff; text-decoration-style: initial; text-decoration-color: initial;">At a forum in Switzerland sponsored by the Swiss Institute of International Studies, Federal Reserve Chair Jerome Powell spoke about central bank digital currencies and Facebook's proposed Libra stable coin-like digital currency.  In response to a question asking whether central banks are missing out on the opportunities presented by digital currencies, Powell states that while the Federal Reserve is following digital currencies, it is not something the central bank is "actively considering."

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Student loan forgiveness program has denied 99 percent of applications despite $700 million from Congress, report says

The vast majority of applications for a student loan forgiveness program are still being rejected, even after Congress set aside $700 million to temporarily expand it, according to a federal report. The Government Accountability Office said Thursday that the Education Department has created a "confusing and inefficient" process that could cause borrowers to miss out on the program. It urged the agency to simplify the application process.

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State Attorneys General to Announce Bipartisan, Multistate Investigation into Business Practices of Large Tech Firms

Tech giants Facebook and Google are facing more scrutiny into their business practices. A multi-state antitrust investigation, led by New York State Attorney General Letitia James, is focusing on "Facebook’s dominance in the industry and the potential anticompetitive conduct stemming from that dominance," she said Friday. Other states involved in the bipartisan initiative, says James, who is a Democrat, include the attorneys general of Colorado, Florida, Iowa, Nebraska, North Carolina, Ohio, Tennessee, and the District of Columbia.

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CFPB Symposium: Behavioral Economics

The Consumer Financial Protection Bureau will host the second of its symposia series on September 19, 2019 at 9:00 AM at the Bureau's headquarters, 1700 G St. NW, Washington, D.C.    The symposium will feature two panels of academic and policy experts in the fields of behavioral economics and behavioral law and economics. The first panel will be on “Methodological Foundations of Behavioral Economics,” and the second panel will focus on “Behavioral Law & Economics and Consumer Financial Protection.” 

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Consumer Financial Protection Bureau Files Suit against Certified Forensic Loan Auditors, Andrew Lehman, and Michael Carrigan, and Proposed Settlement with Carrigan

Washington, D.C. — Today the Consumer Financial Protection Bureau (Bureau) filed a complaint in federal court in the Central District of California against Certified Forensic Loan Auditors, LLC (CFLA), Andrew Lehman (Lehman), and Michael Carrigan (Carrigan). The complaint alleges that CFLA and Lehman have engaged in deceptive and abusive acts and practices and have charged unlawful advance fees in connection with the marketing and sale of financial advisory and mortgage assistance relief services to consumers. CFLA is a foreclosure relief services company incorporated in California and headquartered in Houston, Texas. Lehman is CFLA’s president and CEO. The Bureau’s complaint alleges that Carrigan, who was the company’s sole auditor, provided substantial assistance to CFLA and Lehman. Concurrent with the complaint, the Bureau and Carrigan filed a proposed stipulated final judgment and order to resolve the substantial assistance claims against Carrigan. 

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Meet The Regulators at DCS2019 and Prospective Vendor Meetings Too

Meet The Regulators at DCS2019! Three terrific regulators take the stage for our Meet The Regulators panel! Parul Desai of the Federal Communications Commission joins Gandhi Eswaramoorthy of the CFPB and Joe Sciarrotta of the Office of the Arizona Attorney General. Parul is the Deputy Chief, Telecommunications Consumers Division of the Enforcement Bureau of the FCC. Joe Sciarrotta is the Division Chief Counsel – Civil Litigation Division, of the Arizona Attorney General’s Office. K. (Gandhi) Eswaramoorthy is the Program Manager for Debt Collections within the Consumer Lending, Reporting and Collections Markets Division for the CFPB. They will each address issues of importance to them, as well as be available for a Q&A session.  Prospective Vendor meetings also for registered attendees.

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Industry Events

 
Out of the Darkness Montgomery County MD Walk

American Foundation for Suicide Prevention

Maryland SoccerPlex
Germantown , MD
September 22 - 22 , 2019

240-499-3800

2019 CFPB Research Conference

CFPB



December 12 - 13 , 2019
National Creditors Bar Association 2019 Fall Conference

National Creditors Bar Association

Marriott Marquis
Washington, Washington, DC

October 16 - 19 , 2019

202-861-0706

RMAi Annual Conference



February 04 - 06 , 2020

Questions about registration or sponsorship? Contact Sylvia Done at sdone@rmaintl.org or 916-482-2462

Third Party Vendor Auditing Workshop

HOW, WHAT, WHERE, WHEN AND WHY - from Resource Management Services, Inc.

Learn practical skills and tactics to review: • When to audit, and incorporating remote and onsite • What to audit - work effort, payment, compliance, financials and more • Sampling techniques to increase your effectiveness • How to develop an effective call monitoring scorecard • Audit bias and how to avoid it • What many audit teams miss and how to address • how to use the audit to improve compliance and performance • Remediation techniques and tools Course taught by experienced auditors and consultants: Bev Evancic and Ken Evancic

May 04 - 05 , 2020

562-906-1101 or info@resourcemanagement.com

Collection and Recovery Solutions 2020

Collection & Recovery Solutions - produced by Resource Management Services, Inc.

10440 Pioneer Blvd #2
Santa Fe Springs , CA
May 06 - 08 , 2020

562-906-1101

More information about Resource Management Services, Inc.
More information about Debt Connection Symposium
More information about RMN Networking
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