Category: Company News

Defeating TCPA Claims: How Tech Documentation and Do-Not-Call Registry Rules Protect Digital Debt Collection

By on October 13th, 2026 in Company News, Product and Technology
The blog title set in front of a lawyer working at a desk.

A documented messaging platform defeats an autodialer claim: Maryland federal court grants TrueAccord summary judgment

A new decision out of the United States District Court for the District of Maryland delivers another win for digital debt collection. The case is a clear reminder that knowing, and being able to prove, exactly how your messaging technology works can decide a case. In Beaufort Nickson v. TrueAccord Corp., Civil Action No. DKC 25-3686, the court granted TrueAccord summary judgment on the plaintiff’s Telephone Consumer Protection Act (TCPA) autodialer claim, holding that there was no genuine dispute because the technology used to message the plaintiff was not an automatic telephone dialing system.

The decisive evidence came from TrueAccord’s messaging partner, Solutions by Text (“SBT”), who provided technical specifications regarding SBT’s platform which  left the plaintiff’s conclusory autodialer allegation with nothing to stand on. The court entered judgment for TrueAccord and closed the case on October 5, 2026. The decision is also another important reminder that the national do-not-call registry does not apply to the collection of debts. 

The Case

Proceeding pro se, plaintiff Beaufort Nickson sued TrueAccord under the TCPA, alleging two counts:

  1. That TrueAccord violated 47 U.S.C. § 227(b) by using an Automatic Telephone Dialing System (ATDS) to send him debt collection messages without his consent; and
  2. That TrueAccord violated 47 U.S.C. § 227(c) by contacting him despite his number being on the national do-not-call registry.

The messages at issue were debt collection communications: TrueAccord began sending the plaintiff text messages about his balance on August 25, 2024, followed by a September 29, 2024 email explaining that TrueAccord was attempting to help resolve it.

After the close of discovery, TrueAccord moved for summary judgment on count one and, with leave of court, later moved to dismiss (or in the alternative for judgment on the pleadings) on count two. The plaintiff did not oppose the second motion.

Platforms that Do Not Store or Generate Numbers Are Not ATDS.

The court granted summary judgment to TrueAccord on count one because there was no genuine dispute that the technology used to message the plaintiff was not an ATDS. Under Facebook, Inc. v. Duguid, 592 U.S. 395 (2021), a device qualifies as an ATDS only if it can “store a telephone number using a random or sequential generator or … produce a telephone number using a random or sequential number generator.” The complaint offered only a conclusory assertion that TrueAccord used an ATDS.

TrueAccord, by contrast, came to the record with proof. SBT, TrueAccord’s messaging vendor, provided a statement of technical specifications confirming that its platform does not “create, derive or independently store telephone numbers” and does not permit sending messages using random or sequential number generation. On that record, the court found no genuine dispute that the platform was not an ATDS. Because the plaintiff could not establish ATDS use, the heavily-briefed consent question never affected the outcome.

Nickson is the latest in a growing line of cases confirming that the technology behind modern digital debt collection is not an autodialer. In Robertson v. TrueAccord another court reached the same no-ATDS conclusion from a different direction, reasoning that because TrueAccord’s text messages contained personalized account details such as the specific debt amount, it was implausible the messages were sent by a system that randomly generates numbers. Where Robertson looked at the content of the messages, Nickson looked at the documented capabilities of the platform itself. Read together, the two decisions show from both angles that debt collection messaging technology does not meet the ATDS definition.

Debt Collection Messages Are Not Solicitations.

The court also dismissed count two, and the reasoning is worth spelling out. Section 227(c) creates a private right of action for a person who receives more than one telephone solicitation within a 12-month period to a number on the national do-not-call registry. The plaintiff plausibly alleged that his number was on the registry but that allegation alone does not make out a claim. The statute protects against telephone solicitations, not against every unwanted message, and a plaintiff must therefore allege that the messages he received were solicitations within the meaning of the TCPA.

They were not. The TCPA defines a “telephone solicitation” as a message initiated “for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.” 47 U.S.C. § 227(a)(4). The plaintiff alleged that every message TrueAccord sent him related to debt collection. However,  a debt collection message is not sent to encourage a purchase, rental, or investment. Because the messages were not solicitations, the do-not-call rules did not apply, and the plaintiff failed to state a § 227(c) claim. The holding is a useful reaffirmation of a long-settled but frequently misunderstood point: the national do-not-call registry does not reach the collection of debts.

The do-not-call framework also does not fit the nature of digital debt collection for a more practical reason. Text messaging is a far less intrusive channel than the phone calls that prompted the TCPA in the first place — a text can be read and ignored on the consumer’s own schedule, and does not interrupt a person’s day the way a ringing phone does. 

Key Takeaways

The lesson of this decision is a practical one: knowing and being able to prove how your messaging technology actually works is a core compliance asset. Post-Duguid, a plaintiff must show that the technology can randomly or sequentially generate numbers. A conclusory allegation that a collector used an autodialer will not survive against a well-documented record.  A collector that can put the actual capabilities of its platform in front of the court, through technical specifications and a sworn declaration, can take the autodialer question off the table on summary judgment.

That is only possible with the right partners. Here, the decisive evidence came from SBT, whose detailed technical specifications directly answered the autodialer question and carried the day. We are grateful for that partnership. When a vendor stands behind its technology, and can document precisely what the platform does and does not do,  it protects not just itself but every collector who relies on it.

A Closing Note on the Motion to Compel and Pro Se Litigation

One feature of this case deserves a closer look. The plaintiff challenged the adequacy of the SBT technical specifications and moved to compel additional discovery. The court held a telephone conference on July 10, 2026, and denied the motion, finding that TrueAccord had adequately complied with the plaintiff’s discovery requests.

The plaintiff litigated this case pro se, as was his right. Courts across the country are seeing a significant rise in pro se filings, a trend accelerated by the growing use of large language model tools that help consumers prepare and file their own cases. That is neither surprising nor improper, access to the courts is a right, and these tools are lowering the barriers to exercising it. But it is a reality that businesses and the court system alike are now navigating, and it changes the texture of litigation. 

It is fair to say we may not have seen this motion to compel at all without a pro se litigant testing the sufficiency of the defense evidence firsthand. For collectors, the takeaway reinforces the point above: the better documented your technology and your defenses, the better positioned you are to meet challenges from any litigant, represented or not, and to give the court a clear, well-supported record on which to rule.

Get More Insight Into Debt Collection Compliance with TrueAccord

This case is a great example of the expertise TrueAccord’s legal team puts into practice. We’re committed to following and moving case law forward that furthers our mission of bringing a consumer-centric approach to debt collection. Our digital collections process is controlled by code and sets the standard for compliance.

Do you want a firsthand look at how TrueAccord could bring personalization at scale for your accounts? Our expert team is ready to help.

This blog is not legal advice. Legal advice must be tailored to the particular facts and circumstances of each unique matter.

TrueAccord Sets New Debt Collection Industry Case Law

By on March 13th, 2026 in Company News, Compliance, Industry Insights
The blog title set in front gavel on a court bench.

TrueAccord is no stranger to litigating cases that establish good case law for digital collections, and the recent decision in Robertson v. TrueAccord Corp. is no exception to this. The industry has faced confusion as to whether or not a text message is as intrusive as a phone call to consumers, legally speaking. It’s one of many gray areas the debt collection industry faces. However, to date, few participants have sought to establish legal clarity through court action.

Closing some gaps to this key gray area, the Robertson decision contains several pivotal rules for digital collections, which added TCPA clarity as the cherry on top. The court found that text messages are not as intrusive as phone calls, settled the debate on whether the mailbox rule applies to debt collection emails (hint: it does!), and found that the content of TrueAccord’s text messages necessitates a finding that an automatic telephone dialing system (ATDS) was not used. Ready for more details? Let’s jump in.

Text Messages are Not as Intrusive as Phone Calls

In Branham v. TrueAccord, TrueAccord spearheaded case law finding that email is not as intrusive as a phone call, and now we have a companion case that finds the same is true about text messages. In this case, the plaintiff alleges that TrueAccord’s text messages constituted harassment under the FDCPA, and the court squarely disagreed. Here’s the key reasons why this decision was reached: 

First, the court noted that the volume of text messages sent did not rise to the level of harassment. TrueAccord sent 11 text messages in the span of 2 months. Second, the court found that the Opt-Out option in each text message (“Reply STOP to opt out”) was also a strong factor against harassment, as stopping the messages was in the plaintiff’s control. Third, the court equated text messages to emails and found both styles of digital communications are not as intrusive as phone calls.

The Court said:

“This conduct does not approach a level that would allow the Court to infer an intent to harass, especially because text messages, like letters, are easily ignored and far less intrusive than phone calls.”

Mailbox Rule Applies to Email

The Robertson court confirms again that the mailbox rule applies to email. 

The mailbox rule is a legal doctrine that states if someone puts a piece of mail into a mailbox, then there is a rebuttable presumption that the piece of mail was delivered to the recipient. This presumption can be rebutted by the recipient by presenting credible evidence that shows otherwise. As recognized in the Robertson decision, courts have been applying the mailbox rule to email since 2013, including the Fifth Circuit in 2021. If a debt collector can prove that it sent an email, then there is a rebuttable presumption that it was received by the consumer.

In the instant case, the plaintiff could not rebut the presumption. The Plaintiff alleged that TrueAccord sent the above-referenced text messages without first providing a validation notice as required by the FDCPA. As evidence, plaintiff provided screenshots of an inbox search plaintiff conducted after the litigation began showing no emails received from TrueAccord. 

TrueAccord, on the other hand, provided business records evidencing that it did, prior to sending any text messages to plaintiff, send an email to the email address of the plaintiff containing all validation notice requirements. TrueAccord received no indication of any email bounce backs or other undeliverability notices.

The Court said:

“Even though the statute requires only that the notice be sent, the mailbox rule presumes email [sic] was received…Because Plaintiff has presented evidence only of email searches performed some indeterminate time after this litigation began, she has not rebutted the presumption created by the mailbox rule.”

The Content of a Text Message Can Indicate When an ATDS is Not Used

The industry has seen endless case law over the years narrowing down what, exactly, is and what is not an automatic telephone dialing system (ATDS) under the TCPA. While it’s been generally settled since the U.S. Supreme Court case Facebook v. Duguid that the systems industry members do not qualify as an ATDS, the Robertson decision adds another decision supporting this.

In this decision, the court found that the content of the text messages themselves held the key to determining whether an ATDS was used or not. The fact that TrueAccord’s text messages included certain characteristics that would only be applicable to the plaintiff’s specific account, e.g., the debt amount, necessarily means that the system used was not randomly generating phone numbers. It’s another example of how personalization helps create a better ecosystem for all parties involved in the industry.

The Court said:

“The facts alleged by Plaintiff only plausibly support the inference Defendant did not use an ATDS… Crucially though, Plaintiff alleges the messages contained personalized information (specific debt amounts),making it implausible that Defendant sent them to her using a device that randomly generates the phone numbers to be contacted.”

Get More Insight Into Debt Collection Compliance with TrueAccord

This case is a great example of the expertise TrueAccord’s legal team puts into practice. We’re committed to following and moving case law forward that furthers our mission of bringing a consumer-centric approach to debt collection. Our digital collections process is controlled by code and sets the standard for compliance.

Do you want a firsthand look at how TrueAccord could bring personalization at scale for your accounts? Our expert team is ready to help.

TrueAccord Named a Best Place to Work in Collections for 2025

By on August 12th, 2025 in Company News
The blog title set on a blue and green background.

TrueAccord is proud to announce it was recently selected as one of the 2025 Best Places to Work in Collections administered by ACA International and Best Companies Group. The award evaluates workplace policies, practices, philosophy, systems and demographics along with employee experience surveys to determine winners.

This survey and award program was designed to identify, recognize, and honor the best places of employment in the collections industry. This year, 48 companies met the standard to be selected. 

“At TrueAccord, we prioritize our mission-driven culture and employee engagement to deliver results for clients and consumers with digital-first debt collection,” commented Mark Ravanesi, CEO of TrueAccord. “I’m honored but not surprised to be on the Best Places to Work in Collections list—our commitment to excellence is baked into everything we do, we put a strong emphasis on our community, and our employees are top-notch and empowered to bring their A-game every day.”

Companies from across the U.S. entered the rigorous two-part survey process to determine the Best Places to Work in Collections. The combined evaluation and employee survey scores determined the top companies and the final ranking. Best Companies Group managed the overall registration, survey and analysis process and determined the final ranking.

To be considered for participation, companies had to fulfill the following eligibility requirements:

  • Be a for-profit or not-for-profit business or government entity
  • Be a public or private U.S. company
  • Have a minimum of 15 employees in the U.S.
  • Must be in business a minimum of one year
  • Must be a collection agency, collection law firm or debt buyer

This survey program is administered by Best Companies Group, which conducts over 60 local, national and industry “Best Places” programs each year. For more information on the Best Places to Work in Collections program, visit: www.BestPlacestoWorkCollections.com. 

About TrueAccord

A subsidiary of TrueML Technologies, TrueAccord is the trusted industry leader in third-party debt collection, leveraging data science and technology to deliver superior results and a best-in-class consumer experience. Since 2013, TrueAccord has served more than 40 million consumers in debt with a more humane collection experience while delivering unmatched liquidation rates as the leader in digital-first collections for the Buy Now Pay Later, fintech, telecommunications and credit union industries, among others. Visit www.trueaccord.com and follow on LinkedIn to learn more.

TrueAccord Accelerates Growth with Acquisition of Sentry Credit

By on May 7th, 2025 in Company News
TAC Sentry Announcement Header scaled

Today TrueAccord Corp. (TrueAccord), a digital-first debt collection agency that is reinventing the collections experience with the use of machine learning technology to help customers resolve their debts, announced it has acquired Sentry Credit, Inc. (Sentry). Through this strategic acquisition, TrueAccord continues to accelerate its industry-leading growth with an expanded client portfolio and the addition of Sentry’s first-party collection and litigation services. 

Sentry is a debt collection agency based in Everett, WA that has delivered both top tier recovery results and exceptional customer service for more than 30 years. TrueAccord and Sentry share the goal of breaking the mold by providing a personalized and empathetic approach for consumers in debt. TrueAccord has been delivering on its mission since 2013, having served more than 40 million consumers in debt with a more humane collection experience while delivering unmatched liquidation rates as the leader in digital-first collections for the Buy Now Pay Later, fintech, telecommunications and credit union industries, among others.

Sentry will continue to service its clients with the same commitment and excellence they’ve come to expect. Over time, Sentry clients will also benefit from TrueAccord’s industry-leading digital capabilities, unlocking new efficiencies and enhancing the client and consumer experience. 

“The integration of Sentry into our ecosystem supports TrueAccord’s continued growth, expands our service offerings, and enhances our ability to deliver a better debt collection experience to even more consumers,” said Mark Ravanesi, CEO of TrueAccord. “Bringing our digital-first strategy to Sentry’s expansive client portfolio will further expand our footprint and leverage TrueAccord’s advanced data and technology capabilities to improve outcomes for clients while positively impacting the financial lives of millions more U.S. consumers.”

As the debt collection landscape has evolved and modernized, TrueAccord has grown by leading the industry on technology innovation and helping to guide consumer-friendly regulatory developments, becoming uniquely positioned to acquire and seamlessly integrate traditional debt collection agencies onto its digital platform. The acquisition of Sentry underscores TrueAccord’s commitment to reinventing the collection industry in a way that delivers outstanding results while recognizing consumers’ individual needs and preferences throughout the financial lifecycle.

Corporate Advisory Solutions (CAS) acted as the buy-side M&A advisor and Troutman Pepper Locke LLP provided legal advice to TrueAccord in this transaction.

About TrueAccord

A subsidiary of TrueML Technologies, TrueAccord is the trusted industry leader in third-party debt collection, leveraging data science and technology to deliver superior results and a best-in-class consumer experience. Since 2013, TrueAccord has served more than 40 million consumers in debt with a more humane collection experience while delivering unmatched liquidation rates as the leader in digital-first collections for the Buy Now Pay Later, fintech, telecommunications and credit union industries, among others. Visit www.trueaccord.com and follow on LinkedIn to learn more.

TrueAccord’s Katie Neill Appointed to Debt Collection Advisory Committee by California’s DFPI

By on May 5th, 2025 in Company News, Compliance
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TrueAccord is proud to announce that Katie Neill, its General Counsel & Chief Compliance Officer, has been appointed to the Debt Collection Advisory Committee of the California Department of Financial Protection and Innovation (DFPI) for the 2025-2027 term.

This board is comprised of seven members who provide feedback to the DFPI for its debt collection licensing program. The diverse group includes a consumer advocate and representatives from the debt collection, debt-buying, third-party collection, and collection law industries. The committee advises the Commissioner on matters related to the debt collection business, including proposed fee schedules and other requirements.

TrueAccord has been previously represented in this group when its founder, Ohad Samet, served on the inaugural Debt Collection Advisory Committee in 2021. As the debt collection industry has evolved to meet consumer needs and technological advancements, the DFPI has focused on better protecting California consumers, promoting responsible innovation, reducing regulatory uncertainty for emerging financial products, and increasing education and outreach to vulnerable groups.

As a leader in digital-first debt collection, TrueAccord is invested in reinventing the industry for technology-enabled and consumer-friendly outreach that fundamentally changes the approach to debt collection. In her role at TrueAccord, Katie is instrumental in shaping the policies and controls necessary to ensure legal and regulatory compliance amidst the innovation that drives business goals.

“It’s an honor to be appointed to the Debt Collection Advisory Committee and have an opportunity to impact the future of consumer finance regulation in California,” said Katie Neill. “I look forward to contributing my expertise in consumer-focused, technology-driven debt collection practices to support the DFPI’s mission of protecting consumers and fostering responsible innovation within the industry.”

About TrueAccord

TrueAccord is the trusted industry leader in third-party debt collection, leveraging data science and technology to deliver superior results and a best-in-class consumer experience. Since 2013, TrueAccord has served more than 40 million consumers in debt with a more humane collection experience while delivering unmatched liquidation rates as the leader in digital-first collections for the Buy Now Pay Later, fintech, telecommunications and credit union industries, among others. Visit www.trueaccord.com and follow on LinkedIn to learn more.

Leading the Way with RPA Bots: How TrueAccord Uses Technology and AI to Ensure Compliance, Consumer Preference, and Optimal Debt Collection Results

By on April 17th, 2025 in Industry Insights, Company News, Compliance, Product and Technology
TAC Blog RPA Bots

Efficiency, accuracy, and compliance are critical in the fast-paced world of debt collection. TrueAccord, a leader in digital-first debt collection, is leveraging Robotic Process Automation (RPA) bots to transform the industry and improve operational efficiency, compliance efforts, and customer experience.

At TrueAccord, we’re not just collecting debt; we’re revolutionizing the process with this kind of cutting-edge technology. These aren’t your average macros; they’re sophisticated software tools that automate repetitive tasks, freeing up our team to focus on more complex and strategic work. In this blog post, we’ll explore how TrueAccord is utilizing RPA technology, our unique approach to automation, and the benefits that this technology offers to our company and our clients.

What is an RPA Bot?

RPA bots are software tools designed to automate repetitive, rule-based tasks traditionally performed by humans. These bots interact with digital systems in the same way a human would—by clicking buttons, entering data, or reading information from documents. They can handle tasks like customer service inquiries, data entry, invoice processing, and report generation, improving efficiency and accuracy while reducing human error. RPA bots can even be strategically utilized to enhance first line controls and compliance monitoring, which are vital processes for debt collectors. RPA bots can be programmed to work across various applications and systems without needing complex integrations, making them a versatile solution for automating business operations.

RPA is particularly valuable for organizations looking to improve productivity and reduce costs. By automating repetitive and time-consuming tasks, employees can focus on higher-value activities that require a nuanced approach or complex problem-solving. RPA bots can be set up quickly and are scalable, making them ideal for businesses of all sizes. As they operate 24/7 without the need for breaks or downtime, they can significantly enhance operational efficiency while ensuring consistency and speed in completing tasks.

For example, when issues arise, there might be a need to update thousands of accounts. Previously, a human would have to manually go into each account, add a comment, and make necessary updates. With RPA, bots take care of this task in a fraction of the time, updating entire lists of accounts in minutes instead of hours or even days.

How does TrueAccord Use RPA Bots?

At TrueAccord, RPA is a key part of how we ensure compliance, respect consumer preferences, and drive better outcomes across the debt collection lifecycle. By automating previously manual tasks, RPA bots help us maintain accuracy, consistency, and adherence to regulatory requirements. Many of our bots operate through API (Application Programming Interface) calls, which connect directly to backend systems—making the processes faster, more reliable, and less prone to human error than traditional UI-based automation.

What makes RPA even more powerful at TrueAccord is its ability to run continuously, 24/7. Unlike human workers, bots don’t need breaks (both from a stamina aspect and a HR/legal aspect), and they can work around the clock, completing tasks whenever necessary. This constant availability, paired with their ability to handle large volumes of work, turns RPA into a digital workforce capable of handling countless processes simultaneously. For instance, TrueAccord runs 45 different processes through RPA, including posting over 60,000 direct-to-creditor payments each month on behalf of just one client. This would have normally required an army of humans, but with RPA, the task is completed efficiently and accurately without mistakes like “fat-fingering” data.

Enhancing Compliance and Customer Experience

Compliance is a significant focus in the debt collection industry, and TrueAccord takes it seriously. The use of RPA bots helps ensure that processes are executed consistently and in line with legal and regulatory requirements. For example, when a consumer requests to opt-out of a communication channel such as email or text message, the bots automatically process this request, ensuring that the consumer’s preferences are respected in real time. This helps TrueAccord remain compliant with regulations and provides a better experience for the consumer, as they don’t have to wait for a human to process their request.

Beyond compliance, RPA is also improving the consumer experience. For example, when consumers respond to a text message or email communications, RPA bots can automatically pause the account, allowing time for review and ensuring that the consumer’s issue is addressed promptly.

The Future of RPA at TrueAccord

TrueAccord is not stopping at just using RPA for backend processes; we’re exploring new frontiers by combining RPA with Artificial Intelligence (AI). By integrating AI with RPA, TrueAccord aims to create an intelligent, self-sufficient digital workforce. AI acts as the “brain,” interpreting consumer requests and generating responses, while RPA serves as the “muscle,” executing tasks like updating accounts, posting notes, and more.

This combination of AI and RPA has already shown significant results, such as faster response times and better consumer satisfaction. For example, where human agents might take days to respond to emails, AI-powered bots can provide answers in under 90 seconds, ensuring that consumers get quick and accurate responses. Over time, these innovations will continue to evolve, enabling even more intelligent and responsive automation.

TrueAccord’s RPA program is a testament to our commitment to innovation and efficiency. By developing our bots in-house with team members who understand our processes, we’ve created a robust and tailored system that truly makes a difference. We’re not just keeping up with the industry—we’re leading it.

Ready to partner with an industry-leader in compliant digital-first debt collection? Schedule a consultation today!

An email is less intrusive than a phone call, finds N.D. Illinois while granting TrueAccord’s motion to dismiss

By on April 12th, 2023 in Company News, Compliance, Customer Experience, Industry Insights, User Experience
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By Katie Neill & Steve Zahn

A court victory by TrueAccord Corp. (TrueAccord) in the Northern District of Illinois continues to showcase the benefits of digital collection as the court found receiving an email about a debt is less intrusive to consumers than receiving a phone call. Messer Strickler Burnette represented TrueAccord and filed the briefing in the case.

In the Branham v. TrueAccord opinion, the court granted TrueAccord’s motion to dismiss finding that the alleged injuries claimed by the plaintiff—undue stress and anxiety, financial and monetary loss, uncertainty as to how to proceed about the debt, and a harm that “bears a close resemblance” to invasion of privacy—are insufficient to establish standing for a Fair Debt Collection Practices Act (FDCPA) claim.

Plaintiff’s Allegations

Plaintiff alleged that TrueAccord violated the FDCPA by contacting her twice by email after having received notice that she was represented by an attorney. TrueAccord had no record of receiving a notice of attorney representation from the plaintiff. However, when deciding on a motion to dismiss like this, the court must rely solely on the facts and allegations in the complaint and consider them as true, whether or not they are.

In the complaint, the plaintiff included a laundry list of alleged injuries suffered as a result of receiving the two emails from TrueAccord. These injuries included:

  • “Actual” financial and monetary loss without any specifics
  • Confusion on how to proceed with TrueAccord’s debt collection attempts due to “misleading statements”
  • Undue stress and anxiety as well as wasted time, annoyance, emotional distress, and informational injuries
  • A harm that “bears close resemblance to” invasion of privacy

Plaintiff Did Not Allege a Concrete, Particularized Injury

In its decision, the court shot down each of these alleged harms and found that the plaintiff failed to properly plead a concrete, particularized injury as the U.S. Supreme Court required in Spokeo, Inc., v. Robins. 

Specifically, the court found:

  1. Unlike telephone calls, two unwanted emails are insufficient to confer standing and wouldn’t be “highly offensive” to the reasonable person.
  2. Alleged physiological harms (e.g., emotional distress, anxiety, and stress) are abstract harms and not concrete enough to support standing without a physical manifestation of such harms.
  3. Vague and conclusory statements that the plaintiff suffered financial harm without any allegations of facts to support that alleged harm are insufficient.
  4. Attorney fees for bringing suit on a matter cannot be the sole basis of standing to bring the matter; to do otherwise would permit any plaintiff without standing to create it by retaining counsel.
  5. “Wasted time” is not a sufficient harm for standing where no facts are alleged to support the claim.
  6. The risk of an invasion of privacy without an actual invasion of privacy is too speculative and not sufficient to confer standing.

Sophisticated Omnichannel Communication Strategies

This decision is another step forward for the use of email in debt collection as the consumer-friendly way. It also showcases the need for mindfulness when implementing an omnichannel communication strategy. Notably, while the court found a couple of emails are less intrusive than a phone call, it also stated that text messages, voicemail, and calls are different as they “are sufficiently intrusive on an individual’s peace and quiet” to support standing. Using a sophisticated omnichannel strategy helps debt collectors reach consumers at times that are right for the consumer and through the right communication channel, which ultimately creates a non-intrusive consumer experience.

Schedule a consultation to learn more about how email and an omnichannel approach can help their business’s collection efforts today»»

TrueAccord Joins the Visa Fintech Partner Connect Program

By on November 8th, 2022 in Company News
TA VisaPartner logo

LENEXA, Kan., Nov. 8, 2022 — TrueAccord Corp, a debt collection company using machine learning-powered digital recovery solutions to improve consumer experience, today announced it joined the Visa Fintech Partner Connect program. 

Through Visa Fintech Partner Connect, TrueAccord is Visa Ready certified. This certification helps technology companies build and launch payment solutions that meet Visa’s global standards around security and functionality. This distinction signals that TrueAccord’s debt collection solutions meet Visa standards and broader payments regulations.

“Joining the Visa Fintech Partner Connect program allows TrueAccord to build on its value with existing and potential clients and partners,” said Mark Ravanesi, CEO of TrueAccord. “With Visa Ready certification, businesses working with TrueAccord benefit from the reliability and credibility that come with Visa Ready’s seal of approval.”

Visa Fintech Partner Connect provides companies like TrueAccord the ability to connect with digital-first, next-generation payments and banking platforms and solutions and open up new possibilities. In a rapidly and constantly evolving landscape of new and compelling financial services providers, connecting with Visa’s curated fintech partners can facilitate collaboration between emerging technologies to enhance digital innovation efforts.

“TrueAccord focuses on delivering better, digital-first experiences for consumers facing financial challenges, which is an important consideration for companies providing financial services, and especially for fintechs,” added Ravanesi. “When a company has invested so much in customer acquisition, retaining those customers when they encounter a more difficult time and maintaining positive customer relationships is key to success. Our solutions enable companies to do that at scale with machine learning.”

Powered by TrueAccord’s tech stack, the product suite includes Retain, a client-branded early-stage consumer engagement platform for managing pre-charge off debt, and Recover, a full-service debt collection solution. Key benefits of both products include a simple, intuitive and effortless-to-use digital platform leading to great user experience, constant A/B testing and optimization to reduce friction and boost conversion rate, infinite scalability, and second-to-none channel deliverability. 

To learn more about TrueAccord and its digital-first collection solutions, visit www.TrueAccord.com and follow on Twitter and LinkedIn.

About TrueAccord

TrueAccord is the intelligent, digital-first collection and recovery company that leaders across industries trust to drive breakthrough results while delivering a superior consumer experience. TrueAccord pioneered the industry’s only adaptive intelligence: a patented machine learning engine, powered by engagement data from over 20 million consumer journeys, that dynamically personalizes every facet of the consumer experience – from channel to message to plan type and more – in real-time. Combined with code-based compliance and a self-serve digital experience, TrueAccord delivers liquidation and recovery rates 50-80% higher than industry benchmarks. 

District Court Rules In Favor of TrueAccord

By on September 12th, 2022 in Compliance, Company News, Industry Insights
Blog Compliance Tamika Gilbert

A reply email with notice of attorney representation applies only to the individual account

A new District Court opinion weighs in on digital debt collection efforts, making clear that a notice of attorney representation provided in reply to an email about an account only applies to that specific account. In Tamika Gilbert v. TrueAccord Corp., Case No.: 1:21-cv-00486, the United States District Court for the Eastern District of Illinois, dismissed the case in favor of TrueAccord. This is another in a small line of cases relating to digital collection of debt. See, for example, the case of Greene v. TrueAccord, in which the court upheld TrueAccord’s use of email for the initial notification, also codified in Regulation F.

The Case

Ms. Gilbert sued TrueAccord alleging (1) TrueAccord made a false or misleading statement when it failed to inform her that an account was past the statute of limitations and (2) TrueAccord had contacted her after being informed that she was represented by counsel. After conducting discovery, both Gilbert and TrueAccord filed motions seeking summary judgment – a decision by the court without the need for trial that will be granted only if there are undisputed facts that permit a judgment under the law.

The parties agreed that:

  • TrueAccord emailed Gilbert on January 10, 2021 regarding Creditor A’s account;
  • TrueAccord emailed Gilbert by email on January 19, 2021 regarding Creditor B’s Account;
  • Gilbert’s attorney forwarded to TrueAccord a copy of the collection email regarding Creditor B’s account, stating, “I am representing this consumer. Do not contact her again.”
  • TrueAccord emailed Gilbert on January 24, 2021 regarding Creditor A’s account.

The Ruling

The court ruled in TrueAccord’s favor on two grounds.

First, the court found that Gilbert did experience harm when she said that the emails caused her to “shake with rage.” The Court ruled that these allegations of physical manifestations of harm were sufficient harm to confer standing to bring the lawsuit. While annoyance, stress, or anger are not sufficient harms without more, an alleged physical reaction to the emotion is sufficient harm for Gilbert to have standing to pursue the second claim.

On the merits of the communication-after-notice of attorney representation claim, the Court ruled in favor of TrueAccord and dismissed the claim. The Court found that Section 1692c(a) of the Fair Debt Collection Practices Act prohibits a collector from communicating with a consumer whom it knows to be represented by counsel with respect to such debt. The Court noted that the communication by Gilbert’s attorney was regarding the specific Creditor B account. Absent an express intent to represent a consumer regarding all accounts or a list of specific accounts, TrueAccord’s knowledge was limited to her representation with regard to the Creditor B account only. As the subsequent communication was regarding another account owed to a different creditor where TrueAccord had no knowledge of attorney representation, no violation occurred. TrueAccord did not send any further communications with respect to Creditor B’s account on which TrueAccord knew Gilbert to have counsel.

Second, with respect to the claim that Gilbert was confused by the notice stating that the account had passed the statute of limitations for the purpose of filing a lawsuit (a requirement of law), the court found that Gilbert had not alleged sufficient harm to have standing to bring the first claim. The court noted that Gilbert’s damages were the time lost allegedly contacting an attorney regarding the Out Of Statute (OOS) language. While lost time can be an injury that supports a claim, here the time allegedly lost was time was solely time spent consulting an attorney as doing so would permit anyone to create standing by retaining counsel.

Key Takeaways

This case is important because it reaffirms that attorney representation must be clear to be account specific, not consumer specific. It also adds another in a line of cases finding that a plaintiff must have sufficient harm to have the standing to bring a claim in federal court.

These key takeaways from the ruling help further clarify the parameters of digital debt collection communication for both creditors, collectors, and consumers. This wasn’t just a win for TrueAccord, but for the industry as well.

Want to learn more about the different facets of compliance in collections? Join us Thursday September 29th at 1pm ET for our interactive webinar, The Future of Collections & Compliance, hosted by TrueAccord Associate General Counsel Lauren Valenzuela and Director User Experience Shannon Brown.

Reserve your space now for an interactive discussion on:

  • Cutting edge digital collection compliance
  • The role of the legal team in creating a digital collection strategy
  • How cutting edge compliance drives collection revenue
  • The future of digital compliance

Register now for the upcoming webinar»»

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*Steve Zahn serves as TrueAccord’s Associate General Counsel. This blog is not legal advice. Legal advice must be tailored to the particular facts and circumstances of each unique matter.

TrueAccord Digitally Serves 20 Million Consumers on Path to Financial Health

By on July 12th, 2022 in Company News, Customer Experience, Machine Learning, Product and Technology
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With more than 20 million consumer accounts serviced through intelligent, digital-first collections products, results show better repayment and happier customers than “call to collect” agencies

LENEXA, Kan., July 12, 2022 — TrueAccord Corp, a debt collection company using machine learning-powered digital recovery solutions, today announced that it has served more than 20 million customers in debt with a digital-first experience. TrueAccord’s customer-centric approach and commitment to creating a positive consumer experience is reflected in its 4.7 Google customer satisfaction rating, customer feedback, and an A+ rating with the Better Business Bureau.

TrueAccord’s collection solutions harness machine learning and digital-first communications to deliver a personalized, consumer-friendly experience for those in debt. As is the nature of machine learning, the system dynamically analyzes and refines the approach used for each customer based on their interactions combined with years of previous engagement data in order to deliver the most effective communication treatment. The patented system, HeartBeat, which is now 20 million customer engagement interactions strong since its 2013 inception, continues to optimize with each new customer interaction.

“Machine learning is only as good as its data sources, and with more than 20 million accounts’ worth of engagement data that informs the HeartBeat system, we’re confident that the experiences being delivered are as streamlined and as aligned to consumer preferences as possible,” said Mark Ravanesi, CEO of TrueAccord Corp. “As a mission-driven company, we prioritize creating better experiences for consumers in debt, and based on our high customer satisfaction and repayment rates, it looks like we’re making significant progress.”

Powered by TrueAccord’s industry-leading tech stack, the product suite includes Retain, a client-branded early-stage consumer engagement platform for managing pre-charge off debt, and Recover, a full-service debt collection solution. Key benefits of both products include a simple, intuitive and effortless-to-use digital platform leading to great user experience, constant A/B testing and optimization to reduce friction and boost conversion rate, infinite scalability, and second-to-none channel deliverability. 

While holding customer experience as a priority, TrueAccord products continue to prove more effective than competitors, as evidenced by client case studies showing 25-35% better performance on accounts using Recover when compared to those placed with traditional agencies, and recovering $17 million in delinquent bills with a 44% paid in full rate using Retain.

To learn more about TrueAccord and its digital-first recovery solutions, visit www.TrueAccord.com and follow on Twitter and LinkedIn.

About TrueAccord

TrueAccord is the intelligent, digital-first collection and recovery company that leaders across industries trust to drive breakthrough results while delivering a superior consumer experience. TrueAccord pioneered the industry’s only adaptive intelligence: a patented machine learning engine, powered by engagement data from over 20 million consumer journeys, that dynamically personalizes every facet of the consumer experience – from channel to message to plan type and more – in real-time. Combined with code-based compliance and a self-serve digital experience, TrueAccord delivers liquidation and recovery rates 50-80% higher than industry benchmarks. The TrueAccord product suite includes Retain, an early-stage recovery solution, and Recover, a full-service debt collection platform.