Compliance in equipment finance isn’t optional; it’s essential. In part two of a series, Ty Schwamberger breaks down the key federal and state laws every lender must understand to protect assets, avoid lawsuits and stay on the right side of regulators.
For those of us working in the equipment finance world, it’s clear that keeping up with regulations isn’t just a suggestion – it’s absolutely crucial. Think of it this way: we’re dealing with valuable equipment and complex loan/lease deals, so we must play by the rules, both federal and state, to protect everyone involved, from the folks lending the money to those borrowing it.
STAYING ON THE RIGHT SIDE OF THE LAW
To do this properly, we must really understand the maze of laws that cover things like debt collection. I’m talking about the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), the Uniform Commercial Code (UCC), not to mention bankruptcy laws, licensing requirements and those all-important data privacy rules. Staying on the right side of these laws means our recovery operations are not only effective but also ethical and, most importantly, legal.
Let’s zoom in on the FDCPA. It’s there to keep borrowers safe, but here’s the thing: even though we’re in equipment finance, it often applies to us. Many times, we deal with small business owners who’ve used their personal credit or guarantors to get financing. The FDCPA says debt collectors can’t be jerks. No harassment, no making stuff up (like pretending to be the police) and no sneaky tactics like adding fees that weren’t agreed upon. As someone in this field, I always tell my colleagues that we need to treat every case with great care and with lots of documentation, because it’s easy to end up in a legal gray area, especially when you’re working with sole proprietors or those pass-through entities.
Then there’s the TCPA. This one’s about how we communicate in this digital age. We use phones and texts a lot to reach borrowers, but the TCPA has some strict rules. You can’t just blast out robocalls or texts to cell phones without getting permission first. And no prerecorded messages without a thumbs-up. Plus, you can’t call numbers on the do-not-call list. Honestly, firms that ignore this are just asking for trouble. TCPA violations can lead to huge lawsuits and fines. That’s why you’ve got to use compliant dialing systems and keep detailed records of everyone who’s given you the okay to contact them. I’ve seen companies get burned by this.
Now, let’s talk about the UCC. This is really the backbone of equipment finance, especially Article 9, which covers secured transactions. In most of our deals, the lender keeps a “security interest” in the equipment. Think of it like this: if you’re financing a big piece of construction equipment, the lender has a claim on it. Article 9 lays out how lenders must protect their interest (usually by filing a UCC-1 form), how they get priority over other creditors and how they can repossess the equipment if the borrower defaults. Repossession can be tricky. You often must work with recovery agents, lawyers and, sometimes, even the police. The UCC lets you repossess without going to court, but you can’t cause a disturbance. No trespassing, no threatening people and no getting into fights. It’s vital that your repossession teams know the UCC rules and any state-specific quirks. Trust me, you don’t want to end up repossessing equipment from a construction site without the right paperwork. That can lead to lawsuits, a damaged reputation and even losing the asset.
BANKRUPTCY ROADBLOCKS AHEAD
Finally, let’s not forget about bankruptcy. Bankruptcy law creates a major hurdle for equipment lenders because, naturally, getting the equipment back is a priority. When a borrower files for bankruptcy, all collection activity comes to a screeching halt. This is called the “automatic stay.” Dealing with defaulted loans can be a real headache, especially for equipment lenders. Things like calls, letters, lawsuits and even repossessions become part of the process. It’s incredibly frustrating because even if a borrower is behind and the equipment is losing value or being misused, you can’t just take it back. Doing so without a court’s OK is against federal law.
Generally, equipment finance companies handle bankruptcy situations in a few key ways. First, they usually file a Motion for Relief from Stay to get the green light to repossess the equipment. Then, they’ll typically participate in creditors’ meetings and any Chapter 13 repayment plans. Finally, they need to carefully weigh the value of the equipment against the cost of recovering it legally.
Messing up these bankruptcy rules can lead to penalties, having your claims dismissed or even hurting your reputation as a creditor. So, it’s vital for equipment finance teams to work closely with bankruptcy attorneys. This way, they can protect their rights while still playing by the court’s rules. I think that by building trust with the court it makes it much easier to do business within the bankruptcy court system.
NAVIGATING STATE-BY-STATE RULES
While federal laws set overall guidelines, state regulations add the specifics, especially when you’re dealing with equipment finance collections that involve assets in different states.
Some important things to consider include:
• Debt Collector Licensing: Some states require debt collectors to be licensed, even if they’re handling commercial debts like delinquent equipment leases or loans.
• Bonding Requirements: States like California and Massachusetts require surety bonds as part of the licensing process.
• Repossession Rules: Local laws might dictate how, when and where repossession can happen. For example, some states require a written “right to cure” period before you can reclaim equipment.
• Statute of Limitations: The time you must take legal action varies, usually from three to six years, depending on the state and the type of agreement.
Since equipment is often used across state lines — think fleet vehicles — compliance teams need to keep detailed records and consult with legal counsel before taking any action.
DATA PRIVACY AND COMPLIANCE
Protecting borrower data is another big deal in equipment finance. Sensitive financial info, business records and even GPS data from leased equipment need to be handled carefully.
Two major frameworks come into play here:
1. Gramm-Leach-Bliley Act (GLBA)
This act requires lenders and servicers to:
• Protect customer information with administrative, technical and physical safeguards.
• Provide annual privacy notices.
• Limit data sharing with third parties without consent.
2. Consumer Financial Protection Bureau (CFPB) Guidelines
Even though the CFPB is often associated with consumer debt, its regulations (like Regulation F) are influencing best practices in commercial finance. For instance:
• Guidelines on how you can communicate (e.g., email, text and social media).
• Required disclosures and validation notices.
• Limits on how often you can contact borrowers.
While GLBA compliance is necessary, the best equipment finance firms go further. They implement cybersecurity policies, train their staff and use encryption to protect borrower and asset data.
In an industry with millions of dollars at stake, compliance can’t be an afterthought. Leading companies are proactive, investing in things like:
• Regulatory training for sales, collections and servicing teams
• Legal audits of contracts, UCC filings and repossession procedures
• Technology platforms that track consent, borrower communication and licensing data
• Third-party vetting for asset recovery partners and collectors
Being legally compliant isn’t just about avoiding lawsuits; it’s about keeping relationships strong, protecting your brand and ensuring long-term profitability.
Ultimately, the stakes of non-compliance are high: legal trouble, asset loss and damage to your reputation. But when you get it right, compliance becomes a competitive edge, building transparency, trust and operational consistency. Staying informed is crucial for success. By understanding the nuances of the FDCPA, TCPA, UCC, not to mention complex bankruptcy laws, today’s evolving data privacy regulations and the maze of state-specific rules, lenders and collectors can truly protect their businesses. More importantly, though, they can ensure they’re actually serving the borrowers who need them. •
The Collector Chronicles by Ty Schwamberger is an exclusive series to Monitor that explores the challenges of business-to-business debt collections within the equipment finance industry.
Ty Schwamberger has been involved in Accounts Receivable Management (ARM) within various industries for over 23 years. He is well-versed in the numerous collections and bankruptcy laws, believing great listening and negotiation skills are at the forefront when dealing with those experiencing financial challenges. Before joining Elevex Capital as head of collections in January 2025, he was the Assistant Vice President of member solutions (collections) at a NE Ohio credit union. Elevex is his entrance into equipment finance and is excited to immerse himself in the industry. He and his wife live in Brecksville, OH, with their two sons.
