Representative Engagements

Telephone Consumer Protection Act (TCPA) and Fair Debt Collection Practices Act (FDCPA)

Due to the growth of class action TCPA litigation and settlements, the client engaged CrossCheck to perform a targeted review of its debt collection practices with a focus on compliance with TCPA requirements. Our engagement covered the client’s practices as well as the client’s third-party loan servicer and collection agents and included a review of policies and procedures related to FDCPA and TCPA, the client’s internal monitoring of its own collectors as well as the third parties, and specific transaction testing. The transaction testing focused on both written communication (collections letters and notices) related to past-due and charged-off accounts as well as review of recordings of collections calls initiated manually and by predictive auto-dialing equipment. Our approach included an in-depth review of recent TCPA litigation to provide useful recommendations for the client to consider as management strengthens its TCPA policies and procedures.