Phillips & Cohen Associates acquires Ardent Credit Services as Part of Major International Expansion Plan

MANCHESTER, United Kingdom — Phillips & Cohen Associates (UK) Ltd, the Manchester-based deceased account management business, is acquiring 100% of Ardent Credit Services, the Liverpool-based debt recovery and credit management services provider. 

The move is part of a long-term strategy to expand Phillips & Cohen Associates’ expertise and scale within the pre and post charge-off collections space in the UK and internationally. 

In acquiring Ardent Credit Services, PCA is adding 26-years of proven expertise and excellence in the UK collections industry. PCA was attracted to Ardent’s ‘digital first’ approach that allows its customers to choose the most appropriate channels through which to interact. The business also has a highly experienced executive team and employees who have proven themselves to consistently find the right balance between compassion for consumers, and performance and compliance for their clients. 

Adam Cohen, Co-Founder and Chief Executive of Phillips & Cohen Associates, says that Ardent is the perfect fit: “It has always been part of our plan to expand our mainstream collection activities outside of the US, but without diluting the expertise in handling deceased accounts for which we have an established reputation and expertise.”

“Ardent is an extremely successful business and the right opportunity at the right time. Culturally, we are very similar, with compassion and compliance at the centre of all we do, and a like-minded approach to how customers should be treated above and beyond the remit of TCF.”

 

Steve Murray, the Founder and CEO of Ardent Credit Services added: “This is great news for the business, the team, and our future. We are like-minded companies with the same service ethic and being part of the Phillips & Cohen family will allow us to benefit from wider group knowledge and services. PCA’s investment in Ardent is also an investment in the local community, with exciting plans for expansion. Many of the senior team of the two businesses have been known to one another for many years, and this will make the collaboration even more effective.”

The senior team within Ardent all remain. John Ricketts continues as Managing Director, reporting to the Chief Operating Officer at Phillips & Cohen Associates, Nick Cherry. Steve has also agreed to stay with the company in the short-to-mid-term to ensure a smooth transition of the business. Upon completion, Ardent Credit Services will become a wholly owned subsidiary of Phillips & Cohen Associates (UK) Ltd.

Nick Cherry says that the ambition is to grow the business significantly: “The office in Liverpool give us the perfect space we need to expand,” he says. “The local area is also important to us with an excellent pool of very hardworking talent to draw upon for future recruitment to support our growth. As much as we are benefiting from the local community, we hope and expect the local community will also benefit from being part of our team.”


Completion is subject to final approval by the Financial Conduct Authority (FCA), which is expected later this year.


About Phillips & Cohen Associates, Ltd.


Phillips & Cohen Associates, Ltd. is a specialty receivable management company providing customized services to creditors in a variety of unique market segments.  Phillips & Cohen Associates, Ltd is domestically headquartered in Wilmington, DE, with additional offices in Colorado and Florida as well as its International Headquarters in the UK, offices in Canada, Spain, Germany, and Australia.  The PCA family of companies includes Invenio Financial, a wholly-owned debt acquisition company and The Estate Registry (TER) line of products, including InheritNOW, NotifyNOW and LegacyNOW.  For more information about Phillips & Cohen Associates visit www.phillips-cohen.com. PCA provides Equal Employment Opportunity for all individuals regardless of race, color, religion, gender, age, national origin, disability, marital status, sexual orientation, veteran status, genetic information, and any other basis protected by federal, state, or local laws.

About Ardent Credit Services Ltd.


Established in 1997, Ardent Credit Services Ltd is a highly regarded provider of early arrears (including white label) and post charge-off collections to a wide range of blue-chip companies.  Based in Liverpool, UK, Ardent employs 115 staff and is authorised and regulated by the Financial Conduct Authority.  We pride ourselves on being passionate, dedicated and thoughtful in our service delivery, whilst placing the customer at the heart of all our decisions.  For more information visit www.ardentcredit.co.uk.


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VeriFacts Gears Up For YMCA Spinathon

STERLING, Ill.– VeriFacts, a leading location and employment verification service provider for the receivables industry, is firmly rooted within our community and takes great responsibility and commitment to giving back. VeriFacts is proud to have a team that works hard and also plays hard. For the fourth year in a row, the VeriFacts team will participate in the YMCA Spinathon helping support thousands of children in the area get involved in afterschool programs, sports, and even summer camp at the Y

The Spinathon officially begins March 4th but Team VeriFacts is collecting donations before and after the event through the Sterling-Rock Falls Family YMCA donation page. To contribute to Team VeriFacts’ campaign, click the “Donate Now” button and select “Team, VeriFacts” on the dropdown menu under “Campaigner.” 

Spinning for a Cause

In 2022, the YMCA Spinathon helped raise money for students in a variety of ways. Over 2,000 children were welcomed to the Y Summer Camp that year and over 51% of them received a scholarship from the Spinathon fundraiser to help cover the costs. In addition, 5,000 meals were delivered to families fighting food insecurity, 3,000 children received scholarships to attend after school programs, and 150 adults received LIVESTRONG programming as they battled cancer. 

This year, the Sterling-Rock Falls Family YMCA will be raising money to help advance their scholarship fund. Team VeriFacts loves opportunities to donate its time, energy, and financial resources to both local and national charitable organizations. In 2022, Team VeriFacts raised more money than any of the other teams participating in the Spinathon, and the crew is excited to raise even more for the community this year. 

“I absolutely love this event,” Stephanie Clark, CEO of VeriFacts, said. “It is an incredible opportunity to not only help students in the community but also gather as a team to do something fun, engaging, and rewarding. Our team prides itself on community outreach and that starts with coming together as one voice to help fight food insecurity, homelessness, cancer, and so many other causes we all care for.” 

Donate Today

The YMCA Spinathon event takes place March 4th, but donations are accepted throughout the month. By March 31st, Team VeriFacts will be connecting donations to beat our 2022 totals and help even more students find a place both within themselves and within the community in 2023. 

Learn More Online

VeriFacts has developed a unique and vibrant culture within its organization. Team members are valued and developed holistically and are encouraged to live the vision statement of their department and company. To learn more about what separates VeriFacts from other receivables organizations, visit their website’s culture page

About VeriFacts

VeriFacts, LLC is the top employment location and verification service for the receivables management industry. Having been in business for over 30 years, they are committed to offering guaranteed customer location and employment verification services to creditors across the nation. The VeriFacts brand has become synonymous with high-quality service and a positive customer experience. Over the years, their services have expanded into residential location information, data verification, and unique data aggregation. VeriFacts is proud to be a Certified Women-Owned Business by the WBENC.

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Michigan Federal Court Finds Conflicting Records Concerning Request to Remove Disputed Debt Status Creates Issue of Fact in FDCPA Case

In a recent decision, a Michigan district court found that because there was a genuine issue of fact as to whether the defendant debt collector notified the consumer reporting agency (CRA) to remove a disputed debt notification from the plaintiff’s tradeline, the case could proceed to trial.

In Evans v. Merchants and Medical Credit Corp., the plaintiff received a letter from the defendant attempting to collect on an unpaid debt. The plaintiff provided notice to the defendant that the debt was disputed. The following year, when the plaintiff attempted to obtain a home equity loan the dispute flag on her consumer report caused her application to be denied. The plaintiff’s attorney then informed the defendant that the plaintiff no longer disputed the account.

The defendant removed the dispute flag from the plaintiff’s account in its system, but the debt continued to be reported as disputed by the CRA. The CRA’s records showed that it had not received a request from the defendant to remove the code from the tradeline.

The plaintiff filed a lawsuit against the defendant in the District Court for the Eastern District of Michigan, alleging violations of the Fair Debt Collection Practices Act (FDCPA), and other state statutory claims.

The plaintiff filed for summary judgment, and the defendant counter-filed a motion to dismiss or, in the alternative, for summary judgment. Because the court found that there was a genuine issue of fact as to whether the defendant notified the CRA to remove the dispute notification, the court denied both motions, finding that “both sides have offered sufficient evidence upon which a reasonable jury could find in their favor.” The court went on, “whether [the defendant’s] procedures are reasonably adapted to avoid the error that occurred here is a question of fact for the jury to decide.”

The defendant also argued that the plaintiff lacked standing to sue; however, the court found that the denial of her home equity loan application was a sufficient injury to confer standing.

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FTC Issues Annual ECOA Report to CFPB

The FTC recently sent its annual letter to the CFPB reporting on the FTC’s activities related to the Equal Credit Opportunity Act (ECOA) and Regulation B.  The new letter reports on the FTC’s activities in 2022.  The Bureau includes the FTC’s annual letter in its own annual report to Congress on the ECOA.

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The FTC has authority to enforce the ECOA and Regulation B with respect to nonbank financial service providers within its jurisdiction.  The letter notes that, consistent with the Dodd-Frank Act, the FTC continues to coordinate certain ECOA enforcement and other activities with the CFPB pursuant to a memorandum of understanding with the Bureau.

With regard to fair lending enforcement, the letter highlights the settlements in two FTC enforcement actions against two groups of auto dealerships, Passport Automotive Group and Napleton Auto Group, in which the FTC alleged the dealerships violated the ECOA and Regulation B by discriminating against Black consumers (and, in the case of Passport, also Latino consumers), charging them higher financing costs and fees.  The FTC’s lawsuit against Napleton was filed jointly with the Illinois Attorney General.  In its lawsuit against Passport, the FTC alleged that the alleged discriminatory conduct also constituted unfair discrimination in violation of Section 5 of the FTC Act.

With regard to fair lending research and policy development, the letter discusses (1) a report to Congress issued by the FTC in 2022 that discussed risks arising from the use of artificial intelligence by big tech platforms and other users, including the risk that AI can result in discrimination against protected classes of individuals; (2) a conference co-hosted by the FTC in 2022 that included a discussion on designing compensation in the auto loan market and concerns arising from discretionary markups; (3) the FTC staff’s continuation of its work as a liaison to the American Bar Association’s Standing Committee on Legal Assistance for Military Personnel which supports initiatives to deliver legal assistance and services to servicemembers, veterans, and their families, and (4) the FTC’s continuation of its (a) service as a member of the Interagency Task Force on Fair Lending along with the CFPB, DOJ, HUD and the federal banking agencies, and (b) participation in the Interagency Fair Lending Methodologies Working Group which consists of staff members from the FTC, CFPB, DOJ, HUD, federal banking agencies, and the Federal Housing Finance Agency.

With regard to fair lending consumer and business education, the letter discusses the FTC’s “efforts to provide education on significant issues to which Regulation B pertains.”  The efforts described consist of guidance for consumers on credit discrimination, data released by the FTC on harm to people living in majority Black communities arising from fraud and other consumer problems, alerts to consumers about the 2022 auto dealer enforcement cases, and guidance to business on the settlements in those cases.

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Marc Savage Joins Harvest Strategy Group Board of Directors

DENVER, Colo. — Harvest Strategy Group, Inc. (Harvest) announces the addition of Marc Savage to its Board of Directors.  

“We are excited to have Marc join our board.  Marc’s deep knowledge of technology and diverse background gives him great insights into strategic solutions,” said Harvest President & CEO Brad McCurnin.  “His role on the Harvest board supports our long-term technology roadmap.” 

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Savage brings over 25 years of technology management experience and will further support Harvest’s direction of being a leader in technology for compliance, reporting, and operational efficiencies.  Savage has a long history of serving the technology needs of the accounts receivable management industry and is the founder and CEO of Emprise Technologies, a Toledo, OH based technology company.  

“I am excited to serve the Harvest organization in this capacity.  Harvest has a long history of innovation and growth, and I look forward to contributing to that continued success,” said Savage.  

“The importance of technology in service delivery cannot be overstated.  Marc’s experience strengthens our board in this important area.” reports Martin Ravin, Executive Chairman.

About Harvest Strategy Group

Harvest Strategy Group, Inc. (Harvest) is a recognized leader in national accounts receivable management services, delivering best-in-class results for the nation’s largest banks, finance companies and credit unions. Harvest’s mission is to execute custom recovery programs on behalf of its clients to maximize revenue, while protecting their brand with proven regulatory compliance and vendor oversight processes. Harvest’s leading recovery performance is fueled by ProScoreTM, its proprietary portfolio scoring and segmentation model. For more information, visit www.harveststrategygroup.com or call (303) 531-0631.

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The Two New Yorks and Their Proposed Debt Collection Rules

The New York Department of Financial Services and the New York City Department of Consumer and Worker Protection are simultaneously engaged in amending their consumer debt collection rules. While the DFS rulemaking has been underway for nearly two years, the DCWP began its efforts last fall.

The DFS amendments would be a significant overhaul of its existing regulations and would cover new debt types. And, any time coverage of debt types is expanded, the scope of covered persons can increase. An unexpected twist in New York City’s proposal is the elimination of creditors from its coverage.

Both would introduce new disclosure requirements and additional restrictions on communications – particularly electronic communications.

The DFS proposed amendments are available here. The DCWP proposed amendments are here.

Final Amendments May Be Different

Both agencies have only proposed amendments. The comment period on the DFS amendments is still underway, while comments and a public hearing on the DCWP amendments were completed last December. It could be months before we see a final rule from either agency, and either may make significant changes to what we have today. To be sure, DFS first proposed its amendments in 2021 and has made significant changes to arrive at the current version released in December 2022.

Effective Dates

As to the effective date of the amendments, it depends on when the agencies publish their final rule amendments. DFS is proposing 180 days following the adoption of its amendments. Since DFS typically conducts a thorough review of submitted comments, the earliest I would expect publication of their amendments is mid-March, meaning that whatever is finally adopted would not be effective, at the earliest, until sometime in September. My guess is that it will take a bit longer for DFS to finalize its amendments.

DCWP could provide little more than 30 days before its amendments take effect. At the earliest, we could see the final amendments sometime later this month or mid-March.

Here is a look at some of the most significant amendments.

Covered Debt — DFS Adds Medical Debt, Sale Of Goods, Judgments  

First, both regulations remain limited to consumer debt, which is incurred primarily for personal, family, or household purposes. DFS’ existing regulation covers debt “wherein credit has been extended to a consumer.” The proposed amendment would strike this limitation. Existing DFS regulations exclude most debt arising out “of a transaction wherein credit has been provided by a seller of goods or services . . .” and the amendment would strike this exclusion too. The result of these changes would be to capture medical debt and indirect motor vehicle loans, among other debt types.

Another material change proposed by DFS is to include judgments within covered debt.

I expect these proposals will be part of the final amendments.

Covered Persons — DCWP’s
Creditor Exclusion, Potential Creditor Inclusion Under DFS Tighter Attorney
Regulation

At least a dozen other states and locales (including New York City and New York State) include creditors within their debt collection laws or regulations. New York City proposes to exclude creditors which bucks the trend seen in other locales, like the District of Columbia. Effective Jan. 1, DC’s debt collection law was expanded to include more types of creditors (“first party collectors”), even those collecting their own “past due” debt. DCWP’s proposed creditor exclusion would be the first time I can recall any covered entity being removed from a debt collection regulation. You would have expected consumer advocates to push back. In 2014, the National Consumer Law Center submitted comments to the Consumer Financial Protection Bureau, urging it to include first-party collectors within certain provisions of Regulation F.  Surprisingly, comments from the National Consumer Law Center to DCWP had no objection to the creditor exclusion, nor did comments from several other consumer advocacy groups. I expect the creditor exclusion to remain in the DCWP final amendments.

Both DCWP and DFS propose amendments that tighten regulation over attorneys collecting debt, a trend observed in recent activity in both the District of Columbia and California.

DFS also proposes amendments that might capture creditors who acquire portfolios of debt containing non-performing loans. While I do not believe this was intended, the troublesome language has not changed since DFS first proposed it in 2021.

Initial Disclosures

DFS overhauls its requirements for initial disclosures and expressly provides they must be delivered “in writing” and prohibits electronic delivery. DCWP also makes slight revisions to its initial disclosure requirements to better align with DFS’ proposed amendments and federal law. As to electronic delivery of the initial disclosures, DCWP proposes that it can be made “in accordance with § 5.77(b)(5).” However, proposed § 5.77(b)(5)(i) requires that a debt collector “must provide a written validation notice to the consumer … prior to contacting a consumer by electronic communication.”

DFS also proposes that its initial disclosures provide “instructions on how to dispute the validity of the debt.” There are innumerable ways a consumer could dispute a debt under both the proposed DFS regulations and federal law, making this requirement nonsensical and dangerous for both debt collectors and consumers.

Verification/Substantiation

One of the most significant proposed amendments by DFS is to trigger a debt collector’s requirement to provide verification (or “substantiation” as DFS calls it) in response to a dispute, regardless of whether that dispute is made verbally or in writing. It also shortens the time to provide substantiation from 60 to 45 days. Specifically, DFS’ proposed language triggers substantiation when a debtor disputes “the validity of a debt or the right of the debt collector to collect on a debt.” The inclusion of “right to collect” here is at odds with the proposed initial disclosure requirement of informing a consumer only how they can “dispute the validity of debt” noted above.

DFS’ proposal also allows a triggering dispute to occur at any time but limits the debt collector’s duty to substantiate to “only once during the period that the debt collector owns or has the right to collect the debt.”

The DFS proposal is a significant departure from its existing rule and the requirements imposed on debt collectors under the federal Fair Debt Collection Practices Act.

For debts that cannot be verified “within 30 days of receiving the dispute or a request,” the DCWP proposal would require a debt collector to provide a consumer with an “Unverified Debt Notice” stating that “the debt collector is unable to verify the debt and will stop collecting on the debt, and provide the reason that the debt could not be verified.”

Communication Restrictions — NYC’s Extraordinary Communication Cap Proposal

Both agencies propose significant restrictions on electronic communications and DFS expressly requires consumers to opt-in, in writing, before a debt collector makes an electronic communication. DFS proposes that the opt-in take the form of “revocable consent in writing.” 

The proposals from DCWP go even further. The New York City agency proposes to limit all communications and attempted communications (like limited content messages) to no more than “three times during a seven-consecutive-calendar-day period, or once within such period after having had an exchange with the consumer in any medium in connection with the collection of such debt.” This cap is not limited to telephone calls but includes letters and any other communication “medium.” What DCWP intends to cover by referencing “an exchange” is unclear. On the flip side, DCWP proposes to exclude from this cap “any communication, attempted communication or exchange between a consumer and the debt collector which is initiated by or at the request of a consumer or in response to a communication from the consumer, or any communication which is required by law.” Again, the meaning of “exchange” is unclear.

It is also unclear whether DCWP intends the cap to be per consumer or per debt. In other words, it is not clear whether a debt collector having multiple debts to collect from the same consumer is limited to communicating three times during the seven-day period as to all debts. Some commentators suggested that DCWP’s cap could be interpreted as restricting three communications each week to each medium – meaning, three phone calls, three letters and three emails, for example. That sounds like a strained interpretation, and I expect DCWP to address these issues in its final rule.  

DFS does not propose a hard cap on communications but will continue prohibiting excessive communications. It does propose a presumption of compliance with telephone calls if the calls are limited to “one completed telephone call and three attempted telephone calls per seven-day period per alleged debt.” It would exclude telephone calls required by DFS rules or other law, “or when such communication is made in response to the consumer’s request to be contacted …”

“Time-Barred” Debt

Both proposals revise existing “time-barred” debt disclosures to align with recent changes in New York law. Both propose the new disclosures be made in all communications to collect time-barred debt.

While neither prohibits communicating with a consumer orally or in writing to collect such debt, DFS added a prohibition against collecting time-barred debt “exclusively by telephone or by other means of oral communication.” As DFS explained in an “Assessment of Public Comment,” this would “not bar oral or phone communication entirely.”

No Private Right of Action

Neither regulation has a private right of action, and none are proposed.

ARM Industry Response

Industry trade associations composed of the Receivables Management Association International, ACA International, the New York Creditors Bar, and the New York Collectors Association have engaged DFS on its proposals since 2021 and continue to do so with their written comments to be delivered soon. The same trade associations provided testimony at the Dec. 19, 2022, DCWP hearing.

Seven Points to Remember

  1. There are no final amendments from either agency.

  2. If or when the agencies will publish final rules is unknown.

  3. Both regulations propose greater restrictions on consumer debt collection communications than existing law.

  4. Neither contains a private right of action.

  5. New York City may exclude creditors, but certain creditors may be pulled into DFS’ regulations if they acquire portfolios of consumer debt.

  6. If the DFS proposals are adopted in their present form, third-party debt collectors and debt buyers collecting consumer debt in New York State:

    –  will need a top-down reassessment of their existing collection operations to comply with the amendments; and

    –  may find it difficult, if not impossible, to use Regulation F’s Model Validation Notice.

  7. If both DFS and DCWP amendments are adopted largely as proposed, covered entities collecting debt in New York City will need to marry their operations to the two regulations, and sort out the several conflicts between the two. DFS proposes that local laws (like DCWP’s) are effective if such law provides “greater protection” than DFS’ regulations. Particularly, New York City would have additional disclosure requirements and introduces different restrictions on debt collection communications.

This is not an exhaustive outline of all the revisions contained in both proposals, and there are plenty more than written about here. After all, these are just proposals, and the final amendments are yet to be published.

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CRC to NY DFS: Proposed Rules Harm Consumers; Conflict with Existing Law

The New York Department of Financial Services (NY DFS) has continued its years-long process to update its debt collection regulations. According to the Consumer Relations Consortium (CRC), however, the current version of the proposal conflicts with existing law, oversimplifies the statute of limitations, and harms consumers by depriving them of their preferred communication channel and prohibiting the use of the charge-off date on certain types of accounts. 

The NY DFS originally proposed amendments to the debt collection regulations in late 2021. In February 2022, the CRC submitted a comment addressing the issues with the proposal, and in late December 2022, the NY DFS released an updated proposal. 

To highlight the unintended consequences of the updated proposal, on February 13, 2023, the CRC submitted a comment prepared by Legal Advisory Board members John Rossman of Moss and Barnett and Abigail Pressler of Ballard Spahr. CRC member, Kelly Knepper-Stephens of TrueAccord also contributed. 

The CRC’s comment raised the following concerns:

Conflict with existing law

the ADA- compliant letter format included in the proposed amendment conflicts with existing New York Law. Specifically, the proposed regulations require debt collectors to provide notice in a format requested by the consumer. However, a separate New York law (NY GBL 601-b) requires the consumer may request certain notices in a reasonably accommodating format selected by the principal creditor or debt collector. The CRC recommended that the NY DFS address this conflict in future updates to the proposal. 

The Statute of Limitations is complex

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If left unchanged, the proposed amendment would require debt collectors to advise consumers of “the applicable statute of limitations for the debt, expressed in years.” The CRC pointed out that this is a legal question that requires contract review and conflict of law analysis to determine at the individual account level. The CRC then referred NY DFS to a study by the Consumer Financial Protection Bureau (CFPB) that suggested an alternative statute of limitations disclosure; one which does not require legal analysis on every account. 

Prohibiting use of charge-off date harms consumers 

Though the current version of the New York debt collection regulations require debt collectors to provide debt itemization “as of charge-off” the proposed amendment limits the use of the charge-off date only to revolving or open-end credit accounts. For all other types of accounts, collectors would be required to use the last payment date if it is available. In its comment, the CRC explained that charge-off date is the best option for consumers because it is a static, well-defined date, and is more recent than the last transaction. Further, because this proposal is in direct conflict with Regulation F and with the current rule, there is an increased risk of consumer confusion. 

Digital communications limits harm consumers

The current iteration of the proposed amendment restricts digital communication methods. In its comment, the CRC described why these types of restrictions harm consumers.  The CRC explained that Digital communications channels increase consumer protection. Email addresses are not reassigned, therefore using email has far less risk of third-party disclosure. Digital communications are written, documented, and can be searched, ensuring consumers have records of all their communications regarding the debt. Further, the more channels available to reach consumers, the greater the likelihood they will receive crucial disclosures. 

Most importantly, consumer behavior indicates they want to communicate via digital channels. They want consistency and they want to be able to communicate in the same manner which they did with the creditor. Restricting electronic communication means there is no “easy path” for those who want to take care of their debt; they will always, at some point, need to get on the phone with someone. This prevents consumers from resolving their debts early and leads directly to credit score degradation and increased litigation. 

The CRC’s full comment can be found here

About the Consumer Relations Consortium 

The Consumer Relations Consortium (CRC) is an organization comprised of more than 60 national companies representing the diverse ecosystem of debt collection including creditors, data/technology providers and compliance-oriented debt collectors that are larger market participants. Established in 2013, CRC is evolving the debt collection paradigm by engaging stakeholders—including consumer advocates, Federal and State regulators, academic and industry thought leaders, creditors and debt collectors—and challenging them to move beyond talking points and focus on fashioning real-world solutions that actually improve the consumer experience. CRC’s collaborative and candid approach is unique in the market.  CRC is managed by The iA Institute.

About the Legal Advisory Board

The Legal Advisory Board (LAB) is an exclusive membership group of outside counsel with expertise in the accounts receivable industry who have each pledged their time and resources to support the mission of the CRC. The LAB is limited to ten law firms and is comprised of fourteen total attorneys. Throughout the year, the LAB serves as a legal resource to the CRC membership and assists in fulfilling the mission of promoting forward-thinking approaches to the issues raised by regulatory policy and technology innovation in the accounts receivable industry.

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Florida Federal Court Emphasizes Legal Disputes Do Not Give Rise to a Private Right of Action Against Furnishers

The Middle District of Florida rounded out 2022 by ruling in conformance with Eleventh Circuit precedent that plaintiffs must have a factual, rather than legal, dispute to bring suit against a credit furnisher under §1681s-2b of the Fair Credit Reporting Act (FCRA).

In Belair v. Holiday Inn Club Vacations Inc., the plaintiffs contracted to purchase a timeshare from the defendant, Holiday Inn Club Vacations Inc. (Holiday Inn), with a promissory note requiring monthly installment payments secured by a deed of trust. The plaintiffs later requested rescission of the contract, cancellation of the loan, and tradeline deletion so the loan would not appear on their consumer reports. The plaintiffs’ requests for rescission, cancellation, and tradeline deletion were denied and the timeshare’s special warranty deed was recorded.

Later, when the plaintiffs stopped making payments on the loan, Holiday Inn allegedly reported the delinquency to a consumer reporting agency (CRA). The plaintiffs disputed this information with the CRA, but the dispute did not result in a change in how the loan was reported. The plaintiffs sued for violations of the Florida Consumer Collection Practices Act (FCCPA) and the FCRA.

In its summary judgment opinion, the court addressed only the FCRA claim, holding the plaintiffs’ dispute was inherently a legal one that was not actionable under section 1681s-2(b).

The court rejected the plaintiffs’ contention that their credit dispute involved a factual issue based on an unpublished Eleventh Circuit decision, which stands for the position that “[a] plaintiff must show a factual inaccuracy rather than the existence of disputed legal questions to bring suit against a furnisher under § 1681s-2(b) [of the FCRA].” The court was not persuaded by nonbinding, out-of-circuit authority and amicus briefs cited by the plaintiffs which were submitted by the Consumer Financial Protection Bureau and Federal Trade Commission to the Second and Ninth Circuit Courts of Appeals in separate litigation involving this issue. 

The court declined the opportunity to contradict the Eleventh Circuit’s unpublished precedent ruling that a furnisher’s duty to investigate under the FCRA does not apply to legal disputes. The court explained that because the plaintiffs had stopped making payments on the loan and Holiday Inn could verify the plaintiffs’ missed payments, the accuracy of Holiday Inn’s reporting and reasonableness of its investigation of the disputed information, traditionally factual issues, were not at issue. Therefore, all that was left for the court to resolve was the legality and enforceability of the loan contract. But these issues are not actionable under a FCRA claim analysis.

The court also provided its views on how to decipher whether future claims under section 1681s-2(b) involve legal versus factual issues. In this court’s view, if there is formal confirmation of the validity of an underlying debt, such as a determination that the debt was discharged in bankruptcy, then the debt may present a factual issue for courts to consider, such as whether a furnisher’s credit investigation was reasonable, and plaintiffs may be able to bring a suit against a furnisher. However, at least in the Eleventh Circuit, when both parties and courts disagree over the legal precedent and analysis of how a debt is characterized and whether it remains valid, the issue will likely be considered legal in nature and cannot provide a basis for a FCRA claim.

Read the Opinion here. 

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ConServe Named as an APEX Award Winner for Workplace Development Programs

ROCHESTER, N.Y. — Continental Service Group, Inc., d/b/a ConServe, announces that they have once again earned a spot on Training magazine’s, 2023 Training APEX Awards.  The Training APEX Awards ranking is determined by assessing a range of qualitative and quantitative factors, including financial investment in employee development, the scope of development programs, how closely such development efforts are linked to business goals and objectives, and their effectiveness in terms of business impact.

“The passion for learning and development burns brightly in the 2023 Training APEX Awards organizations,” notes Training Editor/Publisher Lorri Freifeld. “We salute these best-in-class organizations for their ability to consistently and agilely deliver stellar training in an ever-changing world while providing a culture that allows their people to grow and thrive at work.”

“ConServe is exceptionally proud to be recognized as a Training APEX Award winner for the ninth consecutive year,” said George Huyler, VP of Human Resources.  He continues, “at ConServe, we remain advocates of lifelong learning and it is an honor to be among the 2023 Training APEX Awards winners.”  David Bucciarelli, ConServe’s Director of Organizational Development adds, “This designation recognizes ConServe as a top training organization and as one of the most successful learning and development programs in the world.  This reinforces our commitment to continuous improvement and to our comprehensive training program.”

Training magazine recognized the 2023 APEX Award winners and revealed their rankings at the Training APEX Awards Gala on February 13, 2023 in Orlando, Florida.

About ConServe

ConServe is a top-performing accounts receivable management service provider specializing in customized recovery solutions for their Clients. Anchored in ethics and compliance, and steadfast in their pursuit of excellence, they are a consumer-centric organization that operates as an extension of their Clients’ valued brands.  For over 37 years, they have partnered with their Clients to provide unmatched customer service while simultaneously helping them achieve their accounts receivable management goals.  Visit us online at: www.conserve-arm.com

About Training magazine

Training magazine is the leading business publication for learning and development and HR professionals. It has been the ultimate resource for innovative learning and development—in print, in person, and online—over the last 55-plus years. Training magazine and Training magazine Events are produced by Lakewood Media Group. For more information about the 2023 Training Conference & Expo, please visit: www.trainingconference.com

ConServe Named as an APEX Award Winner for Workplace Development Programs
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Coast Professional, Inc. Announces Promotion of Samuel A. Thelen as Vice President of Information Technology

GENESEO, N.Y. — Coast Professional, Inc. (Coast) is excited to announce the promotion of Mr. Samuel A. Thelen to Vice President of Information Technology. In his new role, Mr. Thelen will be responsible for guided implementation of company-wide enterprise security strategy for network and hardware, disaster recovery, data protection, and endpoint protection. His experience and deep understanding of industry best practices will enable him to identify, recommend, develop, implement, and support new processes, tools, and solutions to achieve better business results.Samuel A. Thelen

Mr. Thelen has 23 years of Information Technology experience. He began his career in 1995 as a UNIX Systems Administrator in the United States Marine Corps where he was awarded a Navy and Marine Corps Commendation Medal for Outstanding Service. After five years of military service, Mr. Thelen held IT supervisory positions including Infrastructure Manager/Senior Systems Engineer, Team Lead, and IT Architect. He has been responsible for network infrastructures, enterprise messaging and archiving, database deployment, data backup systems, and project management methodologies.

Mr. Thelen joined Coast in 2019 as Director of Information Technology and Architecture. He was later promoted to Senior Director of Information Technology where he has proven to be an inspiring leader who thrives in challenging, complex computing environments delivering high level design. He has instituted policy and standards, and improved Architecture’s overall capabilities.

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“I would like to personally congratulate Samuel on this well-deserved promotion,” said Annmarie Buchanan, Chief Information Officer & Chief Information Security Officer. “Since joining Coast, he has demonstrated exemplary leadership skills and consistent success. His ability to overcome obstacles and develop comprehensive solutions to complex problems are second to none.”

Mr. Thelen resides in the Niagara Falls area in upstate New York. In his personal time, he enjoys volunteering with the Boy Scouts of America where he serves as Scout Master.

About Coast Professional, Inc.:

Coast Professional, Inc. is a full-service accounts receivable management and contact center company dedicated to respectful and ethical communication with consumers. Coast provides essential call center services to hundreds of clients including federal, state, and county governments; higher education institutions; municipalities; and courts. Coast is an eight-time honoree on the Inc. 5000 list for America’s Fastest-Growing Private Companies provided by Inc. Magazine and in 2021, was recognized for the sixth time as one of the “Best Places to Work In Collections” by insideARM.com and Best Companies Group. Since 1976, Coast has worked closely with clients to increase recoveries by assisting consumers in resolving their financial obligations. Coast’s success is exemplified by exceptional recoveries, superior service, and dedication to the highest levels of compliance. More information about Coast can be found at www.coastprofessional.com.

Coast Professional, Inc. Announces Promotion of Samuel A. Thelen as Vice President of Information Technology
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