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...]
Getting Consent to Text a Consumer
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...]
What Qualifies as Consent for Automated Calls and SMS Messages?
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...]
Making Automated Calls Without Violating Compliance Regulations
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...]
Compliance will Separate Repo Winners from 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...]
Repossessions Are Up. Will Profits Rise Too?
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...]
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...]
Skip Tracing Will Get Harder if The U.S. Senate Follows Through
Skip tracers and Data Brokers are under the microscope of the U.S. Senate and the Federal Trade Commission. If they follow through on their proposed actions skip tracing will get harder. On December 18, 2013, The United Sates Senate held a hearing reviewing data brokers: “A Review of the Data Broker Industry: Collection, Use, and Sale of Consumer Data for Marketing Purposes.” The director of the Federal Trade Commission's Bureau of Consumer Protection, a Senate committee witness, revealed the … [Read more...]
What Will You Do When the Lender Calls?
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...]
Cell Phone Pinging – Cell Phone Privacy and Applicable laws
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...]