Shows
Perspectives - A Podcast by Rossman SchoolFeeling at Home: Inside the Admission Experience at RossmanIn this week’s episode, we sit down with one of the first people who makes Rossman feel like home: Sarah, our Director of Admission. Known for her genuine warmth and the way she effortlessly puts families at ease, Sarah shares a beautiful look inside the admissions journey. With a background as a classroom teacher, Sarah brings a unique lens to her work. She talks about the joy she finds in connecting with families, the importance of partnership, and why independent school education can be so transformative for children. Along the way, she breaks down the Rossman pro...
2025-11-3039 min
Perspectives - A Podcast by Rossman SchoolBeyond the Notes: How Music Shapes LearningIn this episode, we hear from Amira, a Rossman alumna and faculty member, whose life has been shaped by music. From starting violin at age 3 to singing her first solo at the Rossman holiday program, to performing at places like Carnegie Hall in her early 20s, Amira has never stopped making music. She shares how Rossman first nurtured her passion—through a community that made her feel at home and the powerful influence of her former music teacher, Jane Brader. Today, she passes that joy on to her students, teaching them not only to sing but also to collaborate, su...
2025-10-0523 min
Perspectives - A Podcast by Rossman SchoolSafe, Known, and Celebrated: The Heart of Lower SchoolIn this episode, host Brad Williams, Director of Technology, sits down with Rachel Fowle, Rossman's Director of Lower School and a lifelong educator. Rachel shares how her own childhood experiences shaped her belief that a safe, nurturing community is the greatest gift we can give a child. With a career spanning three decades, she reveals her unique ability to tell when a child needs a little extra care and emphasizes the importance of unstructured play over screen time. Rachel also discusses her passion for supporting teachers and her joy in partnering with mission-aligned families. The conversation is a testament...
2025-08-2415 min
Rossman RadioMakers Shoes – Alexa MartinezRossman Radio host Alysse Asaro introduces Alexa Martinez, owner of Maker’s Shoes, a brand known for empowering women through comfortable yet stylish footwear. The discussion explores the Maker’s Shoes journey, highlighting its transition from initial concepts to a successful 20-year business, including the inspirations behind its sub-brands like 77. Martinez shares the challenges of online sales […]
2025-07-2300 minRossman Radio3sons Foods – Traci JohannsonRossman Radio host Alysse Asaro speaks with Tracy Johansson, founder of 3Sons Foods, a company that produces versatile sauces. Johansson explains that the business began when her middle son, Luke, inspired a passion for rhino conservation, leading them to combine this cause with her homemade salsa. She details the challenges and rewards of running a […]
2025-07-2300 minRossman RadioTerra Flame – Lenny VinebergRossman Radio host Alysse Asaro speak with Lenny Vineberg, CEO of Teraflame. Vineberg discusses his extensive entrepreneurial journey, detailing his experiences from an early venture with a motor scooter brand to building an $80 million furniture import and distribution business. He shares insights into the acquisition and revitalization of Teraflame, emphasizing the challenges of simultaneously building […]
2025-07-2300 minRossman RadioSierra Delta – BJ GanemThe Rossman Radio podcast features discussions with entrepreneurs, with this episode highlighting BJ Ganem, founder of Sierra Delta. Ganem shares his personal journey as a Marine veteran who, after an injury and personal struggles, found purpose through his dog, leading him to establish a nonprofit dedicated to connecting veterans with dog training. Sierra Delta aims […]
2025-07-2200 minRossman RadioKatsu – Liz ConnollyThe provided text features an interview on the “Rossman Radio” podcast, hosted by Alysse, with guest Liz Connelly, founder of Katsu. The podcast focuses on entrepreneurship and e-commerce brand growth, with Rossman Media specifically aiding brands in achieving viral success and significant returns through social media. Connelly’s new venture, Katsu, aims to help professionals adapt […]
2025-07-1800 min
Rossman RadioPure Joy – Madison McLearyRossman Radio explores the journeys of entrepreneurs and e-commerce brands, with a particular focus on achieving viral success and substantial returns. In this specific episode, Alysse Asaro interviews Madison McLeary, the owner of Pure Joy, a functional beverage company. Maddie shares her entrepreneurial path, from identifying a market gap for healthy, functional drinks while living […]
2025-07-1700 minRossman RadioWet-It – Justin DaviesIn this episode of Rossman Radio, Alysse Asaro from Rossman Media interviews Justin Davies, co-owner of the company Wet It. Justin shares the journey of Wet It from its inception in 2014 to dealing with copycats, mainly from China, and how tariffs have leveled the playing field. The conversation highlights the importance of brand authenticity, […]
2025-07-1000 min
Perspectives - A Podcast by Rossman SchoolThe Beauty of Improvising and Unscripted LearningIn this heartwarming episode of Perspectives, Rossman alumnus G.T. returns to campus as guest host for a special conversation with Annie Menees, a long-time fifth-grade teacher at Rossman who also happens to be his former babysitter! Tune in as they share fond memories and explore Annie's 17-year commitment to shaping young minds through her passion for writing and literature. Discover how she embraces the daily improvisation that comes with teaching to coach students in finding their unique voice and to approach creative learning without the fear of imperfection. Overcoming that fear is something she believes is critical in...
2025-05-0426 min
Perspectives - A Podcast by Rossman SchoolAnything Can Be Art: Methods for Unlocking CreativityGuest host and former student G.T. sits down with Rossman's beloved art teacher, Erica Spangler, who has inspired hundreds of students since her start at Rossman in 2013. During the interview, Erica shares how her artist mother instilled in her the belief that ‘anything can be art,’ a concept she brings to life in her classroom. To help demonstrate this concept, she introduces students to diverse art forms to show that creativity is multifaceted and there isn’t one “right” way to be an artist. She also reinforces this mentality by utilizing 'studio habits of mind,' which are essential...
2025-04-0629 min
Perspectives - A Podcast by Rossman SchoolThe Two-Way Street: Teachers Learn and Grow with StudentsIn this episode, guest host and former student G.T. interviews Jordan Andes, Rossman's Director of Upper School and Auxiliary Programs. With seven years at Rossman, Jordan shares his teaching philosophy as a two-way street, where teachers and students learn from each other. Hear about the keepsakes he holds dear, each representing a student's unique journey, and how students constantly stretch and inspire him. He also details how Rossman teachers use bi-weekly meetings to support students and leverage their strengths. Jordan then highlights a few moments that shaped his teaching career and shares songs that resonate with his daily...
2025-03-0929 min
Perspectives - A Podcast by Rossman SchoolThe Rossman Foundation: An Alumni PerspectiveOur first episode of 'Perspectives' features an insightful conversation with a Rossman School graduate. He takes us back to his early days at Rossman, sharing stories of adapting, learning, and growing within the school's unique environment. He talks about the unmatched connections with teachers, the joy of learning traditions like cursive, and the confidence Rossman instilled in him for his next steps. Now pursuing his passion for filmmaking, he shares his dreams and offers valuable advice to his younger self: live in the moment. This episode is a celebration of the Rossman experience and its enduring impact.
2025-03-0926 min
Perspectives - A Podcast by Rossman SchoolPerspectives - A Podcast by Rossman School (Trailer)Get ready for 'Perspectives,' the first podcast from Rossman School! Launching March 9th, join Director of Technology Brad Williams for engaging interviews with faculty, parents, students, and experts. We'll explore the heart of early childhood education, revealing the power of diverse perspectives coming together. Tune in and spring into new perspectives with Rossman School!
2025-02-2601 min
The Debt Collection DrillLegally Deleting a Credit Bureau TradelineIn the latest episode of the Debt Collection Drill podcast series, Moss & Barnett attorneys Aylix Jensen, Michael Etmund and John Rossman provide specific guidance on the circumstances in which a collection agency may legally delete all information previously furnished to a credit reporting agency, also known as a tradeline deletion.
2021-09-3012 minThe Debt Collection DrillDoes Your Collection Agency Name Violate Regulation F?Regulation F contemplates debt collectors communicating with consumers using a scripted “limited content” voicemail message which contains the business name of the debt collector, but “does not indicate that the debt collector is in the debt collection business.” While consumer advocates agree that this limited content message will be extremely beneficial to consumers, debt collectors must proceed cautiously with implementation to ensure full compliance with all requirements of the limited content message contained within Regulation F. In this episode of the Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman, Sarah Doerr and Brad Armstrong provide pra...
2021-08-2615 minThe Debt Collection DrillLandmark Victory! Debt Collector Did Not Deceive Debtor Who Refused to Give NameA debt collector must verify the identity of a communication recipient to ensure a right-party contact while also avoiding a disclosure about the existence of the debt to a third-party. Thus, a debt collector must, when asked, provide meaningful information about the purpose of a telephone call to a third-party – even when the third-party refuses to identify herself – without disclosing that the call is an attempt to collect a debt. In the latest episode of the Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman and Mike Poncin are joined by atto...
2021-04-1312 min
Search & ReplaceTracey Welson-RossmanTracey Welson Rossman runs marketing for Philadelphia-based technology company Chariot Solutions. Many other folks know her as the founder behind TechGirlz — with a Z — a nonprofit that develops free technology workshops that help inspire middle school aged girls all over the world to explore careers in technology. She was also a founding member of Philly Startup Leaders — Philadelphia’s largest and most active community of startup entrepreneurs. Tracey’s been exploring the idea of what she calls an “itchy brain,” as she explains on this episode.To view full transcript and expanded show notes: https://bit.ly/3wAznIk
2020-09-1707 min
The StationFriday Night Pokemon LeagueStart of the Pokemon League on Rossman Media. And of coarse MN Music!!
2020-09-1239 min
Mitchell Rossman PodTHE NBA IS BACK BABYWhat's up y'all, my name is Mitchell Rossman and this is the Mitchell Rossman Podcast (placeholder name). In this episode we're diving into the fact that the NBA is back. We've got some interesting storylines to follow & the possibility of a hotel draft!? This is a short but sweet episode and I wanted to get it out as the news broke.
Follow me @ twitter.com/mitchellrossman
2020-06-0420 minThe Debt Collection DrillCFPB Proposes Debt Collection Rule that Congress RejectedThe CFPB’s proposed debt collection rules envision a much-needed update and modernization to many provisions in the Fair Debt Collection Practices Act. However, the CFPB’s proposed rules include a limit of the number of debt collection calls that may be made per week without regard to the REJECTION of call frequency limits by Congress. Because our Congress considered and dismissed call frequency limits for debt collectors, the CFPB cannot implement such limits through rulemaking. In this episode of the Debt Collection Drill podcast, attorneys Mike Poncin and John Rossman re-enact (from official Congressional transcripts) portions of the...
2019-09-3012 minThe Debt Collection DrillCommon Sense Prevails! Seventh Circuit Affirms Consumer was not Harmed by Letter and Dismisses FDCPA caseDebt collectors defending against hyper-technical FDCPA lawsuits by consumer attorneys commonly ask the same question: “How could the consumer possibly have been harmed by this supposed violation of the FDCPA?” The question is especially poignant when the purported FDCPA violation arises from a collection letter the consumer never read or from the language in the collection letter upon which the consumer never intended to rely. Does the concept of “no harm, no foul” apply to the FDCPA? In this episode of the Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman and Mike Poncin discuss the recent ruling by...
2019-07-0913 minThe Debt Collection DrillValidation Notice Lawsuits: Overlooked Ruling from Third Circuit Proves Debt Collectors are Right!As most debt collectors know, sending any collection notice into Delaware, New Jersey or Pennsylvania (the States with Federal Courts in the Third Circuit) will likely result in an FDCPA class action lawsuit against the debt collector. Typically these lawsuits assert that the validation language used in the collection letter does not require the consumer to communicate disputes in writing only allegedly in violation of the FDCPA. While several appeals on this issue are pending and consolidated before the Third Circuit Court of Appeals, a decision from the Third Circuit in 2017 may provide guidance on how it will rule in...
2019-04-2413 minThe Debt Collection DrillShould Collectors Change the Validation Notices Sent into Pennsylvania?Debt collectors face an historic onslaught of FDCPA cases in Pennsylvania (and to a lesser extent New Jersey), all of which allege that statutory language in collection letters which tracks the FDCPA somehow violates the law. The Courts in these cases take the position that a consumer must be apprised that a dispute must be in writing to be effective, even though this position is contrary to the plain language of the FDCPA and rulings by the Second, Fourth and Ninth Circuit Courts of Appeal. This issue has been addressed extensively in InsideARM: http://www.insidearm.com/new...
2019-03-0413 minThe Debt Collection DrillFederal Courts Hold that Standard Validation Notice Violates FDCPA. Now What?!Collectors frequently point to contradictory language among the FDCPA and other statutes as proof that standardized debt collection rules are needed in this industry. However, even in an industry where consumer attorneys frequently make "creative" arguments, it is rare to see a claim that the FDCPA itself contains contradictory language. In a number of recent cases, consumer attorneys are arguing that the validation language from the statute – the same language collectors have been using since the FDCPA was enacted in 1977 -- is now somehow unclear and confusing. Specifically, consumer attorneys argue that the first sentence of the validation notice (relat...
2018-10-1013 minThe Debt Collection DrillNew Federal Court of Appeals Rulings Favor Debt CollectorsDebt collectors were given clarity regarding two thorny FDCPA issues recently by decisions issued from the Seventh Circuit Court of Appeals. In the case of Portalatin v. Blatt, the Court held that a consumer was entitled to a single recovery of an FDCPA statutory penalty rather than multiple recoveries for the same alleged violation from each Defendant. This issue of Plaintiffs seeking to “stack” recoveries for the same alleged violations from multiple Defendant is now finally resolved in favor of the debt industry. The Seventh Circuit also held in Dunbar v. Kohn that that sentence “This settlement may have tax conse...
2018-08-2014 minThe Debt Collection DrillNew Consumer Strategy for Baiting FDCPA Violations And Use of Text Messages in Debt Collection.Consumers using scripts to bait debt collectors into FDCPA violations is certainly nothing new. InsideARM has been publishing articles about this issue for years: https://www.insidearm.com/news/00006606-five-signs-that-a-debtor-is-trying-to-ent/ While the practice of consumers baiting collectors into FDCPA violations is well-established, the specific techniques and scripts used continue to change and evolve. A new script and technique for baiting collectors into FDCPA violations is sweeping across the country about which all debt collectors should be aware. In the latest episode of the Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman http://www...
2018-06-1416 minThe Debt Collection DrillCOLLECTORS FINALLY WINNING FDCPA CASES: HAS THE TIDE TURNED OR IS SOMETHING LURKING?Just a few years ago, many in the collection industry were wringing their hands in frustration: the Douglass decision on innocuous information appearing in the windows of envelopes spawned hundreds of class action lawsuits; claims regarding the tax implications of settlements, voicemail message content and call frequency were on the rise; and, lawsuits with collection calls “scripted” by consumer attorneys were being filed nearly every day. Today, all of these issues are (mostly) in the past as debt collectors focus even more heavily on compliance and a number of positive Court decisions put to rest questionable legal theories upon which...
2018-04-0516 minThe Debt Collection DrillLaw Changes Regarding Interest Disclosures, Validation Notices and SettlementsConsumer attorneys subjected debt collectors to a barrage of FDCPA lawsuits, especially in New York and New Jersey, on collection letters in 2017. This trend will continue, and likely accelerate, in 2018. Debt collectors hoping for relief from the Courts on the latest consumer attorney claims regarding collection letters may get some clarity in the near future. The Second Circuit Court of Appeals recently considered oral arguments on the issue of whether a debt collector must disclose when interest is not accruing on an account in the Taylor case. A decision is expected in the Taylor case within the next year. Also, a r...
2018-02-1413 minThe Debt Collection DrillVerbal Authorization for Recurring Payments – Ask Yourself One Question: “Do I Feel Lucky?”Debt collectors that accept recurring payments over the phone know that Federal laws – specifically Regulation E, the Electronic Funds Transfer Act and the E-Sign Act – provide guidelines for consent and disclosures. insideARM first featured an article on those issues in January 2013: https://www.insidearm.com/news/00003889-legal-headaches-of-check-by-phone-payment/ Since that time, the CFPB issued guidance on these issues in November 2015, stating: Regulation E may be satisfied if a consumer authorizes preauthorized EFTs by entering a code into their telephone keypad, or, Supervision concluded, the company records and retains the consumer’s oral authorization, provided in both...
2017-10-2312 minThe Debt Collection DrillNew Collection Letter Lawsuits in California and New York:Collection letters are the bane of our industry. Letters are expensive to send and - despite what a certain television pundit claims - studies prove that few consumers actually read collection letters. The CFPB, the FCC and other regulators pay little more than lip service to the urgent requests from consumer advocates to allow collectors communicate with consumers electronically, with States such as New York enacting Byzantine and unworkable rules to "allow" collectors to communicate with consumers via email. It is anticipated that the CFPB, in its upcoming notice of proposed debt collection communication rules, will adopt standards for...
2017-08-2911 minThe Debt Collection DrillThree Overlooked Traps for First Party/Early Out ServicersFirst party and early-out servicing provides an enhanced customer service experience and greater responsiveness for consumers. These qualities make first party and early-out servicing beneficial for creditors as well as consumers. However, as the prevalence of this type of servicing increases, consumer attorneys and regulators seek to find ways to apply traditional debt collection laws and statutes to first party and early-out servicing. In the latest episode of the Debt Collection Drill, Moss & Barnett attorneys John Rossman http://www.lawmoss.com/john-rossman/, Mike Poncin http://www.lawmoss.com/michael-s-poncin/ and Dave Cherner http://www.lawmoss.com/david-d-cherner/ disc...
2017-06-2713 minThe Debt Collection DrillConsumers Bait Collectors With New Script to Manufacture FDCPA ClaimsThe use of “scripts” by consumers to bait telephone debt collectors into alleged FDCPA violations is a calculated strategy dating back more than 10 years. Typically a consumer obtains such a script from a consumer attorney or from a website. The consumer will then make an inbound call to a debt collector and read certain questions off of the script, seeking to maneuver the debt collector to make a statement that facially violates the FDCPA. These scripts usually include vague, leading questions about interest or credit reporting. If the debt collector takes the bait; and makes an unintended mistake, a cons...
2017-04-0611 minThe Debt Collection DrillDebt Collectors Sued for Not Assessing Interest . . . Seriously?!?The issue of debt collectors assessing interest on accounts was contentious and extensively litigated over the past decade. Courts, regulators and consumer advocates are uniformly opposed to debt collectors assessing interest except in specific circumstances. The Second Circuit Court of Appeals decision in Avila in 2016 further placed a requirement on debt collectors to disclose in a validation notice when interest is accruing on an account, similar to the requirements in the Seventh Circuit. Avila was not, however, the end of the discussion on disclosing that interest is accruing on an account; rather, it was the beginning a new line...
2017-03-0112 minThe Debt Collection DrillAgency Fights the Good Fight (and Wins!)Debt collection is clearly one of the most heavily regulated industries in the United States. Federal, State and local regulators place onerous, duplicative and often confusing requirements on companies seeking to collect debts. Further, when collection agencies comply with the myriad of laws, many face lawsuits from consumer attorneys claiming that the attempts at compliance somehow violate the law. In the this episode of the Debt Collection Drill, Attorney John Rossman and Mike Poncin discuss two recent, reported decisions where one collection agency – Financial Recovery Services, Inc. -- successfully defeated claims that its plain compliance with State and...
2017-01-0912 minThe Debt Collection DrillThe Election That Changed the Collection Industry Forever“Will the CFPB be shut down? Will the FDCPA be repealed? Can I start using my dialer again? Is the Foti decision going to get overturned? While the political pundits sort through last night’s election results, the question for our industry is how President-Elect Trump will work with the Senate and House to change the debt collection industry. Attorneys John Rossman and Mike Poncin discuss possible changes that the new President will bring on the latest episode of the Debt Collection Drill.”
2016-11-0915 minThe Debt Collection DrillShould Debt Collectors Email Consumers?The issue of whether debt collectors may email consumers is finally being given serious consideration by regulators. A prescient article written by Rozanne Andersen in 2011 is the most comprehensive document on the topic of debt collection emails. New York regulators took the next step toward opening up email to debt collection communication with the rules it published in 2015. Earlier this year, the CFPB addressed the use of email for debt collection communications in several places in its Outline of Proposed Rules. In the most recent episode of the Debt Collection Drill podcast, attorneys John Rossman and Mike Po...
2016-09-1912 minThe Debt Collection DrillWhat Collectors Really Need to Know About the CFPB’s Proposed Rules On July 28, 2016, the CFPB released an outline of its proposed rules regarding debt collection. The outline is the next step in the first ever rulemaking in the nearly 40 year history of the FDCPA. Attorneys John Rossman and Mike Poncin examine some of the highlights of the CFPB rulemaking outline in the latest episode of the Debt Collection Drill podcast.
2016-07-2822 minThe Debt Collection DrillFDCPA Victory in Class Action Letter Case: What It Means for the IndustryDebt collection letters continue provide an expansive target for FDCPA and related lawsuits due to the panoply of Federal and State disclosure requirements for such letters. Further, the Court cases interpreting these requirements are in constant flux and new decisions sometimes contradict previous rulings. In a rare win for the collection industry, a recent case out of the Eastern District of New York -In Re Krieger- rejected a consumer's FDCPA claims brought in a putative class action and premised on language included in a collection letter. In the latest episode of the Debt Collection Drill podcast, attorneys J...
2016-07-1315 minThe Debt Collection DrillDo Consumers Need to Show "Concrete" Injury to Sue Debt Collectors?Do Consumers Need to Show "Concrete" Injury to Sue Debt Collectors? By John K. Rossman The Supreme Court decision in Spokeo v. Robins was expected to provide clarity to debt industry defendants facing FDCPA and related consumer lawsuits where the Plaintiffs’ allege no actual harm. Unfortunately, the case did little to specify exactly what type of “concrete” harm a consumer must allege to pursue a claim, but did provide some excellent language that can be used to refute consumer lawsuits where no actual harm is or could be alleged. In this episode of the Debt...
2016-05-2514 minThe Debt Collection DrillAppellate Courts Hold Typical Collection Letters Violate FDCPADebt collectors and consumer advocates agree that collection letters do little (if anything) to truly inform consumers about their indebtedness. Very few consumers actually read collection letters. Further, the verbiage that debt collectors are required by law to include in each collection letter is so voluminous, confusing and often contradictory, any truly meaningful information is often obscured by the required verbiage.
The requirements for what debt collectors are required to provide in “snail mail” notices to consumers arises from a patchwork of Federal, State and local laws -- as well as case law that often varies by jurisd...
2016-04-1513 minThe Debt Collection DrillGet Sued If You Do . . . Get Sued If You Don't: The Debt Collectors' ConundrumThe interpretation of certain provisions of the FDCPA by consumer attorneys, Courts and regulators contain a number of "Catch-22" scenarios where a debt collector is potentially subject to lawsuits and regulatory actions regardless of what the collector does.
The latest iteration of this conundrum for debt collectors involves the disclosure of the tax consequences to a consumer for settling a collection account for less than the full balance. Debt collectors are required by a number of financial institutions to include these so-called "1099C" disclosures in debt collection communications. Unfortunately, the inclusion of these disclosures regarding tax consequences...
2016-03-1712 minThe Debt Collection DrillDebt Collectors Flooded with Mass-Produced Requests for ValidationDebt collectors routinely receive requests for validation from consumers. The FDCPA provides specific guidelines and requirements for how consumers may request validation and the method in which a debt collector must respond. Recently, a small number of entities began issuing thousands of form requests for validation to collection agencies on behalf of consumers in an apparent attempt to force debt collectors to close accounts rather than provide validation. Questions have arisen as to how debt collectors should respond to the massive volume of form requests for validation and whether these form requests raise issues of consumer protection that should...
2016-02-1711 minThe Debt Collection DrillOvercoming the Two Biggest Challenges Facing the Collection IndustryThe beginning of the year presents an opportunity for debt collectors to assess the status of our industry and determine what changes each company can make to address the most pressing challenges. In this episode of the Debt Collection Drill podcast, attorneys John Rossman and Mike Poncin identify challenges arising from industry regulators and from the Courts while providing specific guidance on how best to avoid difficulties.
2016-01-0812 minThe Debt Collection DrillBig Mistake: Three Compliance Risks Collectors OverlookRegulators from the CFPB and the FTC encourage the debt industry to look at past enforcement actions and other publications to determine what issues are most important to those agencies. A review of the recent enforcement actions by the CFPB and FTC, as well as other publications, reveal three distinct trends: actions involving unfair treatment of service members; the failure of debt collectors to adequately distinguish and investigate FDCPA and FCRA disputes; and, racial bias in debt collection efforts.
In this timely and thought-provoking episode of the Debt Collection Drill, attorneys John Rossman and Mike Poncin discuss...
2015-11-1113 minThe Debt Collection DrillCheck by Phone Payments Still Cause Legal Headaches For Debt CollectorsConfusion and threats of class action lawsuits continue to plague the debt industry regarding the appropriate method for accepting recurring check payments by phone or via a website. Specifically, issues arise regarding the type of consent that a consumer must give to authorize recurring payments from a checking account or debit card. Further, the types of disclosures that must be provided by a debt collector accepting such payments are buried in the regulations. Clarity was originally provided on this topic in the below article published in 2013:
http://www.insidearm.com/opinion/legal-headaches-of-check-by-phone-payments-in-debt-collection/
In the most recent ep...
2015-10-1216 minThe Debt Collection DrillRadical State Law Changes Constrict Collections in New York, Illinois and MaineState legislatures frequently tweak debt collection laws, sometimes annually. These changes in the law often require changes to debt collection letters and processes by the debt industry. This year was marked by a number of legislatures making wholesale changes to the debt collection laws of their respective States. Three States in particular; New York, Illinois and Maine; changed their laws to such a degree that ambiguities exist in how to comply and questions have arisen as to whether complying with the new State laws will violate the FDCPA.
In the latest episode of the Debt Collection Drill...
2015-09-0113 minThe Debt Collection DrillWHAT DEBT COLLECTORS REALLY NEED TO KNOW ABOUT THE FCC ORDER AND THE TCPA.The recent order issued by the Federal Communications Commission (FCC) regarding the Telephone Consumer Protection Act (TCPA) encompasses 138 pages (including hundreds of footnotes) and created an instant tidal wave of questions, comments and uncertainty about the use of telephone technology to contact consumers on mobile phones.
Attorneys John Rossman and Mike Poncin break down the FCC Order and the important highlights of it for the debt industry in 13 minutes in the latest episode of The Debt Collection Drill.
2015-07-1513 minThe Debt Collection DrillIs It Illegal to Charge Credit Card Convenience Fees? By John K. RossmanThere is a cost associated with a business accepting payments via credit card. Depending on the type of credit card, bank and payment processor used by the business, that cost can vary for each transaction. However, most consumers expect and demand that businesses will accept credit cards as a payment method.
For the collection industry, whose members often accept a volume of payments, the fees associated with accepting credit card payments from consumers can be a substantial sum of money every month.
Recent litigation and changes to the law regard...
2015-06-1012 minThe Debt Collection DrillCrucial Collection Law Update: Common Sense Prevails in West Virginia?The West Virginia Consumer Credit Protection Act, and how it was interpreted by the consumer attorneys in West Virginia, was the primary reason that State had previously been described as one of the most treacherous places in the country for debt collectors. Lawsuits were routinely commenced West Virginia State Courts seeking hundreds of thousands of dollars in statutory damages when the consumer suffered no injury.
In this most recent episode of the Debt Collection Drill audio blog, attorneys John Rossman and Mike Poncin examine in detail the recent common sense changes to the law in West Virginia...
2015-05-0713 minThe Debt Collection DrillCOURT EXPANDS “LEAST SOPHISTICATED” STANDARD TO INCLUDE ATTORNEYS?The concept that a debt collection communication must be viewed through the lens of the least sophisticated consumer is a fairly established tenet of FDCPA law. While the application of this standard is often the subject of litigation, its premise is that a debt collection communication violates the FDCPA if it would deceive or confuse the least sophisticated consumer. The obvious exception to the least sophisticated consumer standard is collection communications with a consumer attorney. This exception is recognized by a number of Courts including the 7 Circuit Court of Appeals decision in Evory which hold that assessing whether collection co...
2015-02-2411 minThe Debt Collection DrillIs There a “Silver Bullet” for Defeating FDCPA and TCPA Claims?Collection agencies and debt buyers continue to be inundated with FDCPA and TCPA lawsuits, many of which drag on through months and even years of expensive discovery and motion practice. What if there existed a single argument that could be made in many consumer cases that would successfully remove the matter from Court and likely end the case in its entirety? Surprisingly, such an argument exists, though it is often overlooked in the defense of debt collectors and debt buyers.
A broad array of consumer contracts include arbitration clauses requiring that certain consumer disputes be resolved through...
2015-01-2910 minThe Debt Collection DrillNew York Debt Regulations Revised Into ChaosThe New York State Department of Financial Services announced recently revised debt collection regulations, culminating more than a year of proposals and comments. While the new regulations provide clarity and consumer protection in some areas, they are fraught with ambiguities and overlap existing laws in several key aspects. Attorney John Rossman and Mike Poncin examine some of the more salient difficulties with the revised New York debt regulations in the current episode of the Debt Collection Drill.
2014-12-1009 minThe Debt Collection DrillDefend Claims That Your Envelopes Violate the FDCPA!The Third Circuit Court of Appeals ruled recently in Douglass v. Convergent that a collector’s envelope, which disclosed a collection agency account number through the window in the envelope, raised privacy concerns and violated the FDCPA. The Court in Douglass held that the collection agency account number-visible through the window on the envelope presumably for return mail sorting purposes was a piece of information capable of identifying Douglass as a debtor. In analyzing the claim in Douglass, the Court examined the FDCPA, and specifically Section 1692f(8) which prohibits:
Using any language or symbol, other than the de...
2014-10-2211 minThe Debt Collection DrillNEW FDCPA REQUIREMENT FOR DEBT VERIFICATION: IS THERE MORE TO THE STORY?The enactment of the FDCPA in 1977 began long-standing debate regarding what information a debt collector must produce to a consumer in response to a request for validation. The FDCPA itself is vague, stating that after receiving a request for validation, “the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt . . .” Nowhere in the FDCPA is the term “verification” defined. The legislative history of the FDCPA, however, provides some guidance where it states:
This provision will eliminate the recurring problem of debt collectors dunning the wrong person...
2014-08-2011 minThe Debt Collection DrillCan Debt Collectors Legally Charge Interest?Numerous recent FDCPA lawsuits challenge the ability of debt collectors to assess interest to accounts. These cases focus on a number of factors including whether collection letters need to disclose the accrual of interest and also interest on purchased accounts. Most recently, a California Court held that interest could only be assessed in certain circumstances after a judgment had been entered.
In this recent episode of the Debt Collection Drill podcast, Attorneys John Rossman and Mike Poncin tackle the intricate issues involved with collection agencies assessing interest and provide an assessment of strategies to comply with the...
2014-07-1613 minThe Debt Collection DrillCFPB Civil Investigative Demands Scorch Debt Industry: What Your Company Needs to Know TodayThe CFPB recently began a more aggressive approach to the debt industry, bypassing the larger market participant examination process and issuing Civil Investigative Demands (CIDs) to a number of debt collectors directed at specific complaints and alleged practices. In a special episode of the Debt Collection Drill, John Rossman hosts special guest, attorney Mark Peterson. Mr. Peterson is a shareholder with Moss & Barnett, P.A. and has experience in assisting members of the debt industry in responding to CIDs. During the podcast, Mr. Rossman and Mr. Peterson explain the CID process, what a company should expect when a CID...
2014-06-0417 minThe Debt Collection DrillAvoid the Three Biggest Threats Facing the Debt IndustryIn this episode of the Debt Collection Drill, attorneys John Rossman and Mike Poncin discuss specific tactics to avoid issues involving CFPB complaints, leaving messages and concerns regarding the TCPA.
2014-05-2117 minThe Debt Collection DrillHow Collectors Win FDCPA Cases Without Going to CourtMost FDCPA lawsuits are resolved without a Court ruling on the merits. Further, debt collectors win a surprising number of these out-of-Court resolutions, obtaining dismissals of the cases without paying anything to settle. In this episode of the Debt Collection Drill, Attorneys John Rossman and Mike Poncin discuss specific strategies debt collectors use to prevail without going to Court including public records investigations of the Plaintiff, negotiations with opposing counsel and examining the actions of the Plaintiff during the debt collection process. If your agency has begrudgingly paid to settle a questionable FDCPA case in the past year, this is...
2014-03-1809 minThe Debt Collection DrillLitigation Alert: Recent Court Rulings Force Collectors to Revisit Validation LanguageMost consumers advocates and collectors agree that the validation language contained in the FDCP A is stilted and obscure. However, the validation notice is a foundational document of the debt collection process. Two recent Court of Appeals cases examined questions about the wording of specific validation notices and have caused concern for collectors about the language used. Attorneys John Rossman and Mike Poncin examine these recent rulings in the latest episode of the Debt Collection Drill and provide tips and language to use for validation notices.
2014-02-1311 minThe Debt Collection DrillLandmark FDCPA Victories Finally Limit "Least Sophisticated Consumer" StandardTwo substantial debt collector victories in FDCPA cases at the end of 2013 – both of which were won by Moss & Barnett attorneys – may set the tone for many lawsuits in 2014, especially as they relate to the "least sophisticated consumer" standard. In both cases, Courts rejected claims by the consumers and found that the collection agency had acted within the scope of the law. Attorneys John Rossman and Mike Poncin discuss these recent cases and the impact they will have on every collection agency during their most recent episode of the Debt Collection Drill.
2014-01-1611 minThe Debt Collection DrillStrict Debt Laws Harm Consumers, Reduce Credit Access According to Government StudyDebt collectors will long remember 2013 as a watershed year for the regulation of our industry. The CFPB issued its Advance Notice of Proposed Rulemaking while continuing on-site examinations of debt collector larger market participants, enforcement actions and publishing data from its complaint portal. The FTC issued a record fine against a debt collector and joined the CFPB in several important amicus briefs submitted in pending FDCPA cases. Numerous States also tightened regulation on the debt industry. All of this regulation of the debt industry is apparently aimed at aiding consumers. However, a recent study published by the Federal Reserve...
2013-12-1810 minThe Debt Collection DrillThree CFPB Changes to the FDCPA That Will Redefine Debt CollectionThe Consumer Financial Protection Bureau is moving forward with plans to overhaul the FDCPA, focusing specifically on debt documentation, call frequency and modernizing the law to account for technology changes since the FDCPA was enacted in 1977. In this episode of The Debt Collection Drill, attorneys John Rossman and Mike Poncin discuss the CFPB’s recent Advance Notice of Proposed Rulemaking and identify three areas of potential change for the industry.
2013-11-1912 minThe Debt Collection Drill"Precollect" Causes FDCPA Heartburn for Collectors and Creditors!Creditors seeking to reduce collection costs often ask collection agencies for "precollect" efforts at a discount from normal contingent fee rates. Some collection agencies provide lettering services – with all calls and payments directed to the creditor – at a flat rate per letter or account. Unfortunately, the FDCPA prohibits such flat fee arrangements in some circumstances. Further, consumer attorneys are aggressively pursuing FDCPA lawsuits against debt collectors and their clients for precollect "flat-rating," which often drives a wedge because the debt collector and its client.
In the latest episode of The Debt Collection Drill, attorneys John Rossman...
2013-10-1608 minThe Debt Collection DrillCFPB Authorizes Some Collections on Time-Barred Accounts Without a DisclosureWith the CFPB scheduled to commence exercise of its rule making authority later this year, many collection industry experts were surprised by a joint amicus brief filed by the FTC and the CFPB stating that ". . . in some circumstances, 'a debt collector may seek voluntary payment of a time-barred debt' without violating the FDCPA, even if the communication is silent as to the statute of limitations." Click here to read the full amicus brief by the FTC and the CFPB:
http://files.consumerfinance.gov/f/201309_cfpb_agency-brief_12-cv-04057.pdf
Consent orders earlier this year by the F...
2013-09-1608 min
Business of TechnologyBusiness of Technology #1 – AnnMaria De Mars on using cloud tools for businessHost Tracey Welson-Rossman and I discuss Dr. De Mars’ history in remote working, from when she started by using modems, dial-up and tools like telnet and FTP, and today, with cloud-based services such as Google Apps and Dropbox. A good introduction for those who are not yet using cloud-based tools for their businesses, we discuss ... Read More
The post Business of Technology #1 – AnnMaria De Mars on using cloud tools for business appeared first on Chariot Solutions.
2013-08-2934 minThe Debt Collection DrillLetter Violation Lawsuits Rise – Avoid the Three Most Common ClaimsLawsuits alleging that debt collection letters violate the FDCPA decreased over the past few years as consumer attorneys focused litigation on Foti and TCPA claims. Recently, letter violation lawsuits spiked with novel claims that are gaining traction in some Courts. Attorneys John Rossman and Mike Poncin discuss three new letter violation claims that are being used to challenge collection letters across the country in the latest episode of The Debt Collection Drill.
2013-08-1209 minThe Debt Collection DrillThe FTC Thinks Foti Message Violates the FDCPA... Now What?!Last week, a $3.2 million consent order between the FTC and a major debt collector shook collection industry to its core. Not only was the amount of the fine unprecedented, but the subsequent restrictions placed on the debt collector by the FTC have broad implications. Importantly, the consent order apparently prohibits the use of the widely accepted Foti phone message in certain circumstances and also requires debt collectors to honor verbal cease requests and disputes. Attorneys John Rossman and Mike Poncin break down the consent order and offer ideas for future compliance during the latest episode of The Debt Collection Dri...
2013-07-1611 minThe Debt Collection DrillThink Your Dispute Process is Solid? Three Overlooked Laws Cause TurmoilYour agency likely spends significant time formulating and refining a service-oriented and FDCPA compliant process for responding to consumer disputes. Recently, collection agencies face lawsuits and regulatory questions arising from state laws that impose dispute response burdens substantially in excess of the FDCPA. Attorney John Rossman and Mike Poncin discuss compliance with these state laws in the current episode of The Debt Collection Drill.
Are you uncertain how to listen to a podcast such at The Debt Collection Drill? Click here for a timely article on easy and productive ways to listen to a podcast:
2013-06-1408 minThe Debt Collection DrillDebt Collectors Face Six Figure Fines in New York City: Is Your Agency Next?In this episode of The Debt Collection Drill audio blog, attorneys John Rossman and Mike Poncin discuss recent actions by the New York City Department of Consumer Affairs seeking six figure fines from debt collectors for failure to comply with New York City laws and some simple steps all agencies can take to avoid liability.
2013-05-2211 minThe Debt Collection DrillIs Every Collection Call a Violation of the Law?In this episode of The Debt Collection Drill, attorneys John Rossman and Mike Poncin examine three recent court decisions that, if up held, will severely restrict the ability of debt collectors to call consumers. They also discuss some practical strategies for debt collectors to make calls while complying with the law.
2013-04-2413 minThe Debt Collection DrillDebt Collectors Gone Wild? What the Media Doesn't Know.In this episode of The Debt Collection Drill, attorney's John Rossman and Mike Poncin discuss recent media "horror stories" about criminals posing as debt collectors and provide a simple and effective solution for every industry to improve its mistaken image.
2013-03-2011 minThe Debt Collection DrillCollectors Fight Back: Seeking Sanctions in FDCPA CasesIn this episode of The Debt Collection Drill podcast series, attorneys John Rossman and Mike Poncin examine the real difficulties with obtaining sanctions in FDCPA cases and discuss specific scenarios where sanctions motions may be warrented.
2013-02-1514 minThe Debt Collection DrillHow to Avoid TCPA LawsuitsIn this latest episode of the Debt Collection Drill, attorneys John Rossman and Mike Poncin discuss strategies for avoiding TCPA lawsuits including issues involving consent, the definition of an automated dialing machine and wrong number calls.
2013-01-1713 minThe Debt Collection DrillDecember 18, 2012: Avoid Three Costly Debt Collector Mistakes in 2013In this episode of the Debt Collection Drill, attorneys John Rossman and Mike Poncin discuss specific ways debt collectors can take to avoid costly mistakes in 2013 including steps to prepare for CFPB supervision, the appropriate way to accepts checks by phone (hint: many companies may be doing it incorrectly) and little known licensing issues causing class action headaches.
2012-12-1813 minThe Debt Collection DrillDo Consumers Really "Trick" Debt Collectors into FDCPA Lawsuits?In this episode of the Debt Collection Drill audio blog, attorneys John Rossman and Mike Poncin discuss how certain consumer questions to debt collectors frequently result in FDCPA lawsuits and how to respond to those specific questions.
2012-11-0911 minThe Debt Collection DrillSecrets to Defeating FDCPA ClaimsIn this episode, Attorneys John Rossman and Mike Poncin discuss specific strategies for preventing and defeating FDCPA claims including collection call recordings, researching the background of FDCPA Plaintiffs, leveraging relationships with opposing counsel and fighting the good fight.
2012-10-1612 minThe Debt Collection DrillDebt Collectors Prevail in Recent FDCPA Cases -- Is the Tide Finally Turning? In this episode of The Debt Collection Drill, attorneys John Rossman and Mike Poncin discuss a recent trifecta of FDCPA victories by Moss & Barnett, P.A. for debt collectors and the impact of these cases on the debt industry.
2012-09-1700 minThe Debt Collection DrillState Laws Prohibit Popular Debt Collection TacticsWelcome back to this episode of The Debt Collection Drill. Today Moss & Barnett shareholders John Rossman and Mike Poncin are discussing State Laws that Prohibit Debt Collection Tactics.
2012-08-1511 minThe Debt Collection DrillAugust 4, 2012: Should I Go to Law School?John Rossman is in the host chair and joined by David Bateson, Assistant Dean for Student Affairs for the University of St. Thomas School of Law, on the topic of “Should I Go to Law School?”
2012-08-0740 minThe Debt Collection DrillCourts Reject FDCPA Claims that Lack Common SenseIn this episode of the Debt Collection Drill audio blog series, attorneys John Rossman and Mike Poncin discuss recent Court rulings in which judges dismissed FDCPA claims that lacked common sense. The attorneys also provide specific tips for using common sense to avoid and defend against FDCPA lawsuit.
2012-06-1809 minThe Debt Collection DrillAre Debt Collector Phone Messages Illegal?In this episode of the Debt Collection Drill podcast, attorneys John Rossman and Mike Poncin examine a recent trifecta of debt collector court victories that reshaped the landscape for debt collector phone messages. Also mentioned during the podcast is the upcoming May 17, 2012, FDCPA compliance webinar sponsored by Ontario Systems and featuring attorneys Rozanne Andersen and John Rossman.
2012-05-1713 minThe Debt Collection DrillCFPB Supervision will be Good for the Debt Industry (Really?!)In this much anticipated episode of the Debt Collection Drill podcast, attorneys John Rossman and Mike Poncin examine the role the Consumer Financial Protection Bureau will play in supervising the debt industry and they provide specific information for preparing for CFPB audits and oversight.
2012-04-1711 minThe Debt Collection DrillThe Most Treacherous Place for Debt Collectors in the U.S.A.In this episode of The Debt Collection Drill, attorneys John Rossman and Mike Poncin identify dangers associated with collecting in certain states and provide specific strategies for avoiding costly litigation.
2012-03-1611 minThe Debt Collection DrillIs it Illegal to Record Collection Calls?In this episode of The Debt Collection Drill audio blog, attorneys John Rossman and Mike Poncin examine the state laws and recent cases, including class actions, involving the recording of calls.
2012-02-1710 minThe Debt Collection DrillEpisode 12: Effective Collection Agency Crisis ResponsesIn this episode of The Debt Collection Drill, Moss & Barnett attorneys John Rossman and Mike Poncin offer crisis response strategies for collection agencies facing batch letter errors, inquiries from the media and employee misconduct.
2012-01-1713 minThe Debt Collection DrillEpisode 11: Intelligent Debt Collector Strategies for Responding to a Consumer AttorneyIn this episode of The Debt Collection Drill, Moss & Barnett attorneys John Rossman and Mike Poncin provide practical advice for collection agencies responding to consumer attorneys and identify frequent mistakes made when faced with a consumer represented by counsel
2011-12-1512 minThe Debt Collection DrillEpisode 10: The Top Reasons Why Consumers Sue Debt CollectorsIn this episode of The Debt Collection Drill, Moss & Barnett attorneys John Rossman and Mike Poncin explore the top reasons why consumers sue debt collectors and provide guidance for collection agencies to avoid being targeted by lawsuits.
2011-11-1410 minThe Debt Collection DrillBonus Episode: John Rossman on MN Law discusses fines issued by the MN Department of CommerceMoss & Barnett Shareholder John Rossman appeared on the October 8, 2011 episode of Minnesota Law, and discussed an article in the Star Tribune about the Minnesota Department of Commerce issuing fines to collection agencies for employing criminals to work as debt collectors.
2011-10-2006 minThe Debt Collection DrillEpisode 9: The Most Overlooked Collection Letter Violation and Permissible Purposes for Pulling a Credit ReportIn this episode of The Debt Collection Drill, Moss & Barnett attorneys John Rossman and Mike Poncin discuss the two most important cases from 2011 that impact every debt collector. Their topics for this episode include common collection letter language that a recent court ruled violated the FDCPA and also a case that clarified the permissible purposes for a debt collector to review a credit bureau report.
2011-10-1710 minThe Debt Collection DrillEpisode 8: Top Three Strategies for Debt Collectors Defending FDCPA Class ActionsIn this episode of The Debt Collection Drill, Moss & Barnett attorneys John Rossman and Mike Poncin discuss three crucial issues that every debt collector should know – but likely does not know -- about FDCPA class actions. Their topics include use of net worth of the debt collector as a defense, the applicability of contractual arbitration clauses and the qualifications of an individual plaintiff to be a class representative.
2011-09-0910 minThe Debt Collection DrillEpisode 7: Solving the Foti Phone Message ConundrumIn this episode of The Debt Collection Drill, Moss & Barnett attorneys John Rossman and Mike Poncin discuss solutions for collection agencies leaving phone messages including the commonly used “there will be a five second pause” workaround message, issues with alleged third party disclosures, possible messaging premised on the FDCPA skiptracing provisions and new developments regarding bona fide error and the eavesdropping/consent defenses.
2011-07-2013 minThe Debt Collection DrillBonus Episode: Savvy Social Media and the LawIn this bonus episode of The Debt Collection Drill, Steve Thomson hosted John Rossman on June 18, 2011 on Minnesota Law presented by Moss & Barnett on WCCO Radio. The topic was “Savvy Social Media and the Law”.
2011-06-2234 minThe Debt Collection DrillEpisode 6: Can a Debt Collector Legally Use Facebook, Text Messages or Email to Collect a Debt?In this episode of The Debt Collection Drill, attorneys John Rossman and Mike Poncin examine the legality of using Facebook and text messages to collect debts and also discuss obtaining consumer consent before using email to communicate with a consumer.
2011-06-1411 minThe Debt Collection DrillEpisode 5: Defeating Marginal FDCPA Claims – Damages and MaterialityIn this episode of The Debt Collection Drill, attorneys John Rossman and Mike Poncin examine recent court decisions that reject FDCPA claims due to no evidence of damages or materiality.
2011-05-1710 minThe Debt Collection DrillEpisode 4: “New Strategies for Complying with the Telephone Consumer Protection Act (TCPA)In this episode of The Debt Collection Drill, attorney Michael Poncin leads an informative discussion with attorney John Rossman on recent case law developments and compliance strategies regarding the TCPA.
2011-04-1810 minThe Debt Collection DrillEpisode 3: Debt Collectors’ Biggest Mistakes: Licensing ViolationsIn the third installment of The Debt Collection Drill, Moss & Barnett Shareholders John Rossman and Michael Poncin discuss debt collectors’ biggest mistakes regarding State licensing violations.
2011-03-1510 minThe Debt Collection DrillEpisode 2: Collection Harassment: How many calls is too many?Episode 2 of the monthly podcast series The Debt Collection Drill focuses on multiple collection calls and is titled “Debt Collection Harassment: How Many Calls is Too Many?” Each podcast in this series runs less than 10 minutes in length and features Moss & Barnett attorneys John Rossman and Michael Poncin providing sage tips for improving collections and compliance.
2011-02-1509 minThe Debt Collection DrillEpisode 1: Strategies for Collectors to Avoid LawsuitsIn the premiere episode of "The Debt Collection Drill," Moss & Barnett shareholders John Rossman and Michael Poncin discuss specific strategies for individual phone collectors to avoid lawsuits.
2011-01-1406 min