PLANO, Texas - Sept. 18, 2019 - The CMI Group and its legal partner Malone Frost Martin PLLC received a critical verdict in recent legal action, a pivotal decision for the Accounts Receivable Management (ARM) industry. The verdict defends The CMI Group and the ARM industry as a whole against claims, specifically as they relate to revenue cycle management, debt collection and the technologies utilized. The CMI Group is an industry leader in accounts receivable management, customer care, revenue cycle management and omnichannel communications, and this recent ruling demonstrates the firm's full compliance with all laws and regulations as well as their expertise and understanding of the industry on behalf of their clients.
Malone Frost Martin PLLC represented The CMI Group at trial in the Northern District of Texas for claims associated with the Telephone Consumer Protection Act (TCPA) and the Texas and Kansas Fair Debt Collection Acts. Robbie Malone and Xerxes Martin tried the case with the briefing assistance of Jacob Bach. In the Dehn v. Credit Management, LP trial, the jury weighed both sides, including claims by the plaintiff that the collection technologies utilized by the defendant on behalf of their clients was a violation of the TCPA and Texas and Kansas state debt collection acts.
After presenting all of The CMI Group's training and compliance records, as well as call logs, collections notes and call recordings, the jury ruled unanimously in favor of CMI on all claims. Most notably, the jury instruction for the TCPA claim included an adopted application of the D.C. Circuit Court's ruling in FCC v. ACA International as to what constitutes an automated telephone dialing system under the statute.
"We were confident taking this claim to trial because we stand behind CMI's reputation in the ARM industry for their expertise, understanding and full compliance with all laws and regulations," said Xerxes Martin, of Malone Frost Martin. "In fact, we made that the cornerstone of our defense on the state collection law claims."
"A pivotal question in the case was whether or not the telephone dialing system, an admitted predictive dialer, met the statutory definition of an automated telephone dialing system. The court correctly applied the case law in submitting the charge and the jury understood the issue," added Robbie Malone of Malone Frost Martin. "This trial victory sets a precedent for the entire industry."
The implications of this ruling are a milestone for the ARM and revenue cycle management industry, proving that the omnichannel communications technologies used by companies such as The CMI Group in debt and unpaid balance collections on behalf of their clients is in full compliance of federal and state laws.
"The CMI Group is a highly disciplined organization that has well-established processes, systems, and technologies in place to ensure they deliver both optimum results and positive customer relationships to clients, while remaining in full compliance with the law," said Christopher Meier, Esq., General Counsel and Chief Compliance Officer at The CMI Group. "This ruling proved that – through all of our training and compliance policies – The CMI Group is viewed as a company intent on operating in a way that best protects the consumers we work with. I am grateful that we had excellent counsel who was able to convey that to our jury."
About The CMI Group, Inc.
The CMI Group, a leader in accounts receivable management, customer care, revenue cycle management, and omnichannel communications. The CMI Group is a 100-percent employee owned solutions provider to clients nationwide. Through its subsidiaries, The CMI Group delivers innovative revenue cycle, accounts receivable, and contact center solutions resulting in enhanced operational efficiency and increased revenue for its clients. The CMI Group believes there is power in relationships and success occurs when individuals collaborate on a common objective. The CMI Group is dedicated to building the trust and bonds that deliver positive results for both our clients and their consumers. Visit thecmigroup.com for more information.
The CMI Group and The CMI Group logo are trademarks of The CMI Group and/or its subsidiaries.
About Malone Frost Martin PLLC
Malone Frost Martin PLLC is a full-service law firm with specialization in the accounts receivable management (ARM) industry. The firm has offices in Dallas, Texas; Chicago, Illinois; St. Louis, Missouri; and Cedar Falls, Iowa. Malone Frost Martin PLLC provides services in all 50 states.
www.mamlaw.com
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