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You are here: Home / Archives for Best Practices for Skip Tracing / Compliance In Skip Tracing

Ringless Voicemail Is Ruled Out

August 13, 2018 By Paul Kulas Leave a Comment

Ringless Voicemail creates liability under the TCPA regualtions.

A federal district court judge has ruled that ringless voicemails and voicemail drops are in fact “calls” and fall within the purview of the Telephone Consumer Protection Act of 1991 (TCPA) allowing the lawsuit of Saunders v. Dyck O’Neal, 17-cv-335, 2018 U.S. Dist. LEXIS 121076 in the Western District of Michigan to proceed. The Court’s Opinion Defendant Dyck O’Neal argued that “direct drop” voicemails are not “calls” under the TCPA. His argument was based on the contention that: 1) it did … [Read more...]

Filed Under: Best Practices for Skip Tracing, Compliance, Compliance In Skip Tracing, News from BellesLink Tagged With: Compliance, Ringless Voicemail, TCPA

Getting Consent to Text a Consumer

June 15, 2016 By Paul Kulas Leave a Comment

Skip Tracing Consent Requirements for Texting

In 2013, the FTC released additional rules regarding the Telecommunication Consumer Protection Act (TCPA) and in these rules reaffirmed that text messages were subject to the TCPA. As text messages are sent to wireless numbers, any company sending text messages must comply with the rules regarding calls to wireless numbers, including having consent in writing from the owner of the wireless number (with a few exceptions where a text to the company may act as consent as further discussed herein). … [Read more...]

Filed Under: Best Practices for Skip Tracing, Compliance, Compliance In Skip Tracing, Resources Tagged With: skip tracing compliance, TCPA

What Qualifies as Consent for Automated Calls and SMS Messages?

April 21, 2016 By Paul Kulas Leave a Comment

What Qualifies As Consent for Telemarketing and Texting

To help companies who are in the business of finding people, we've put together a first of its kind ebook that illuminates how rules and regulations regarding telemarketing apply to their business. In other words, if you thought that because you're not a telemarketer, telemarketing rules and regulations don't apply, you're wrong. BellesLink has put together an ebook of eighteen common questions and answers regarding best practices use of SMS messaging and automated calling. The ebook covers … [Read more...]

Filed Under: Best Practices for Skip Tracing, Compliance, Compliance In Skip Tracing Tagged With: Compliance, find people search, TCPA, Telemarketing

Making Automated Calls Without Violating Compliance Regulations

March 17, 2016 By Paul Kulas 2 Comments

Requirements for Making Automated Robo-Calls

Many small to medium sized companies, whose business involves consumer financing, want to use automated calls, commonly called robo-calls, to contact customers about their accounts. The ability to make automated calls is a feature in BellesLink. Because of this, we are often asked what’s required to stay in compliance with federal, state, and local laws. So, we’ve put together an overview of common requirements for making an automated, or robocall, to your customer. At BellesLink, we … [Read more...]

Filed Under: Best Practices for Skip Tracing, Compliance In Skip Tracing

Compliance will Separate Repo Winners from Losers.

October 22, 2014 By Paul Kulas Leave a Comment

Skip Tracing Compliance Will Separate Winners and Losers

In the recovery industry, Consumer Finance Protection Bureau (CFPB) compliance is still the topic everyone is talking about. Compliance has felt like a winter storm you know is coming, but hasn’t arrived yet. For your clients, the auto lenders, it’s a different story. CFPB regulations have hit them hard and created a “comply or die” situation. Now, that storm is hitting repo. As the repo industry begins to grow again, compliance may be what separates the repo winners from the … [Read more...]

Filed Under: Best Practices for Skip Tracing, Compliance In Skip Tracing Tagged With: CFPB, Compliance, Consumer Finance Protection Bureau, Regulation, skip tracing

Repossessions Are Up. Will Profits Rise Too?

September 15, 2014 By Paul Kulas Leave a Comment

Will Skip Tracing Profits Increase?

After a number of lean years, the repo industry has starting to grow again. A strengthening economy has led to stronger auto sales, and increased prime and sub-prime lending. As sales and lending increase, so do loan defaults and the need for repossessions. The industry is standing at the starting line of what experts predict will be five year cycle of increasing demand. Higher profits are also predicted. But so far, repossession fees remain flat, as they have since the recession. Most … [Read more...]

Filed Under: Best Practices for Skip Tracing, Compliance In Skip Tracing, News from BellesLink Tagged With: ARA, Auto Finance Excellence, skip tracing

Caller ID Spoofing is Dead

May 12, 2014 By Paul Kulas 3 Comments

Caller ID Spoofing is Dead

Is anyone in repossession or investigations still using caller id spoofing? Amazingly, the answer is yes. We talk with Repo and Investigation professionals everyday and some tell us they still use spoofing to verify and gather information.  Of course we all know spoofing is illegal. It puts you, and your clients, at risk for serious penalties. But beyond that, caller id spoofing is dead because it can’t match the results you get when you use compliant techniques with a phone system that is … [Read more...]

Filed Under: Best Practices for Skip Tracing, Compliance In Skip Tracing, Truth in Caller ID Act

What Will You Do When the Lender Calls?

November 18, 2013 By Paul Kulas Leave a Comment

Unprepared for Skip Tracing Compliance

There is some great news for automobile repossession companies, but are you prepared? Auto sales are up. According to MotorIntelligence.com, sales of passenger cars and light trucks are up 10.6% in October of 2013 over last year. "The figure for outstanding loans is the highest since Experian Automotive began keeping track seven years ago, said a press release…The combination of higher loan balances and relatively flat loan delinquencies is good news for everyone connected to the automotive … [Read more...]

Filed Under: Best Practices for Skip Tracing, Compliance In Skip Tracing

Cell Phone Pinging – Cell Phone Privacy and Applicable laws

August 16, 2013 By Paul Kulas Leave a Comment

Cell Phone Pinging - Cell Phone Privacy

As you’ve seen in previous blog posts, cell phone location information, a.k.a. cell phone pinging, has a protected status under the law. Let's talk about privacy, look at the laws we referenced, and why. Privacy is Important so Cell Phone Pinging is Regulated Most of us wouldn’t make our whereabouts known to anyone, including strangers, unwillingly. Why would we? In the crudest example, this would allow anyone to track our children’s whereabouts. Cases about intrusions on privacy are in the … [Read more...]

Filed Under: Best Practices for Skip Tracing, Cell Phone Pinging, Compliance In Skip Tracing, Non-Compliant Practices

Locating a Cell Phone with a Cell Phone Ping: Does it Fall Under Compliance?

August 15, 2013 By Paul Kulas 3 Comments

Cell Phone Ping

In our previous post, we took a look at an overview of cell phone pinging and why locating a cell phone, by a cell phone ping, without consent isn’t compliant. There are ways that you can obtain location information that are fully compliant. We’re not referring to the exceptions for emergencies and law enforcement—but rather to service providers who do have permission to access carrier information. The legislation surrounding the consumer’s cell phone location information all hinges on … [Read more...]

Filed Under: Best Practices for Skip Tracing, Cell Phone Pinging, Compliance In Skip Tracing, Non-Compliant Practices Tagged With: cell phone location, cell phone ping, cell phone pinging

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