Archives for January 2014

California Collection Agency Spreads the Magic of Christmas


Anticipation filled the air! The toys were displayed prominently at the front of the room.  Shoes, socks and sweatshirts were stacked and ready to be distributed. Neatly positioned place settings awaited the arrival of each special child.  Santa awaited their arrival too – anxiously looking forward to their smiles. At noon, the busses would arrive and the enchanted day would begin.

On December 14, 2013, Financial Credit Network (FCN) celebrated 30 years of sharing in the magic of Christmas through their participation in Ann’s Kids for Christmas. This event touches the lives of 300 children in the Central Valley of California. To make this event successful, FCN works alongside many other sponsors and volunteers.

Financial Credit Network’s support of the program began in the early 1980’s through their sponsorship of pizza. As time went on they increased their involvement by providing each child a new pair of shoes and three pairs of socks, as well as volunteering on the day of the event.  As each year passed, their heart and their involvement for this event increased.

In 2012, when the founding family announced to their volunteers and supporters that they would no longer be able to host the event, FCN owner, Alicia Sundstrom, spoke up. She did not want to see the event that touched so many lives come to an end. The legacy of program would continue with FCN taking the leadership role.

Back to December 14, 2013…

“Our hearts are so full! We can’t wait to see those 300 smiling faces,” exclaimed one volunteer. One by one the school buses pulled in and dropped off the excited little ones. The kids started off their fun filled day with pizza served to them for lunch. They were entertained by a face painting crew from the Delta Zeta sorority of Fresno State University, as well as special guest appearances by a local dance troupe, Kids Edition, and the A&W Bear. They also participated in singing Christmas carols including “The Grinch”! The most exciting moment, of course, was when the big man himself, Santa, flew in to give each child a special gift.

What an amazing day. All the smiles and the laughter filled the room. “This is the greatest day ever!” said one of the children.  Each child walked away with a bag of toys – some actually bigger than the child.

Ann’s Kids for Christmas 2013 was in the history books … another successful year serving the underprivileged children in the community.

For more information on how you or your company can get involved with Ann’s Kids for Christmas 2014 please contact Venita Jourdan at 800-540-9011 or vjour@fcnetwork.com or visit their web site at www.fcnetwork.com to see a video montage of the history of the event.

California Collection Agency Spreads the Magic of Christmas
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Accounts Receivable Management

Landmark FDCPA Victories Finally Limit “Least Sophisticated Consumer” Standard


Two substantial debt collector victories in FDCPA cases at the end of 2013 — both of which were won by Moss & Barnett attorneys — may set the tone for many lawsuits in 2014, especially as they relate to the “least sophisticated consumer” standard.

In both cases, Courts rejected claims by the consumers and found that the collection agency had acted within the scope of the law.

Attorneys John Rossman and Mike Poncin discuss these recent cases and the impact they will have on every collection agency in the latest episode of their ARM legal podcast, The Debt Collection Drill.

Read the judges’ reports and recommendations, both of which were adopted by the presiding US District Court Judges, below:

Karp v. Financial Recovery Services – 2013 WL 6734110 (W.D.Tex.)

Kellar v. Financial Recovery Services – 2014 WL 129239 (D.N.D.)

Listen to the 11-minute podcast below:

(If you can’t see the audio player above, please visit http://traffic.libsyn.com/thedrill/TDCD_ep35.mp3 to listen to the podcast)

Landmark FDCPA Victories Finally Limit “Least Sophisticated Consumer” Standard
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Accounts Receivable Management

Equifax Enhances Services to the Collection Industry by Acquiring Leading U.K. Collection Services and Software Company


Equifax Inc., (NYSE:EFX) a global information solutions provider, announced today the acquisition of TDX Group, the United Kingdom’s largest debt placement services and debt management platform company for £200 million (approximately $327 million) from Investcorp and TDX’s co-founders. The transaction is subject to certain customary post-closing adjustments.

With the acquisition, Equifax expands its capabilities within the collections segment and by adding TDX’s technology, software, services and platforms, it will be able to expand its capabilities in other markets. Lenders and creditors across multiple industry verticals will benefit from the combined strength of the global resources and experience of Equifax and TDX’s leading debt placement and recovery management systems.

“Our customers are looking for end-to-end solutions that streamline their collections processes, as well as deeper insights and analytics, to optimize their efforts,” said Paulino R. Barros, President of Equifax International. “The combination of our expertise in cutting-edge technology and global resources, the common customer relationships we have with TDX, and the unparalleled collections expertise TDX brings, will drive significant revenue growth and move Equifax to the forefront of this growing industry worldwide.”

Founded in 2004, TDX provides businesses with technology, data and advisory solutions to improve debt liquidation and the fair treatment of consumers in financial arrears. Based in Nottingham, TDX is the leader in the UK debt placement and recovery industry and has a rapidly growing global presence. TDX’s unique data assets and proven product suite enable the company to anticipate market movements, and maintain a competitive advantage through investments in innovation and technology.

“This is a very exciting transaction,” said Mark Sanders, CEO of TDX. “Equifax and TDX have very complementary data assets, as well as a shared customer base of long-standing company relationships looking for improved collection services and capabilities. We see significant opportunities to work together to deliver innovative, value-creating solutions to the market and the integration of the two companies’ strengths will help us respond to a significant customer-driven opportunity, to use data, technology and insight to improve performance, compliance, and to deliver improved customer and consumer experiences.”

The acquisition of TDX Group is expected to be non-dilutive in 2014 to Equifax adjusted earnings per share, excluding the impact of acquisition-related amortization expense (adjusted earnings per share, a non-GAAP measure), and accretive thereafter. TDX’s 2013 revenue was approximately $90 million, as reported under U.S. GAAP.

Equifax is a global leader in consumer, commercial and workforce information solutions that provide businesses of all sizes and consumers with insight and information they can trust. Equifax organizes and assimilates data on more than 600 million consumers and 81 million businesses worldwide. The company’s significant investments in differentiated data, its expertise in advanced analytics to explore and develop new multi-source data solutions, and its leading-edge proprietary technology enable it to create and deliver unparalleled customized insights that enrich both the performance of businesses and the lives of consumers.

Headquartered in Atlanta, Equifax operates or has investments in 19 countries and is a member of Standard & Poor’s (S&P) 500® Index. Its common stock is traded on the New York Stock Exchange (NYSE) under the symbol EFX.. For more information, please visit www.equifax.com.

Equifax Enhances Services to the Collection Industry by Acquiring Leading U.K. Collection Services and Software Company
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Accounts Receivable Management

Bank Economists See Stronger Economic Growth in 2014


2014 will be a breakout year for the U.S. economy as private-sector demand accelerates and fiscal drag eases, according to the Economic Advisory Committee of the American Bankers Association.

According to the committee, which includes 13 chief economists from among the largest banks in North America, inflation-adjusted GDP growth for 2014 will be 3.0 percent, compared to a 2.3 percent annual average since the Great Recession ended in mid-2009 and the post-recession high of 2.8 percent in 2010.

“This will be the strongest economic growth since the expansion began in 2009, and the committee’s strongest forecast since 2005,” Christopher Low, chairman of the group and chief economist of First Horizon National Corp’s FTN Financial, said.  ”We expect faster growth in business investment and stronger job creation as the economy improves.”

The bank economists believe the housing market will continue to grow in 2014 as wages increase and the unemployment rate continues to fall.  The group sees the housing sector gaining strength as home sales recover from depressed levels. The committee forecast is that home prices nationwide will rise solidly and residential investment will increase 12.3 percent in 2014.  The strengthened housing sector will support consumer spending.

“When families get into new homes, they spend more on appliances, furniture, electronics and building materials,” Low said.

Consumers are also finding themselves on stronger financial footing in the New Year and have regained confidence. The group believes consumer spending will support economic growth over the year ahead. Automobile sales are also expected to remain strong.

“Some consumers remain cautious due to lingering high unemployment and slow wage growth,” Low said. “Many have not benefited from the resurgent stock market and personal income growth, and are carefully watching what they spend. But tax rates will rise much less in 2014, and household balance sheets are healthier than they have been in years. The consumer is the key; if people loosen up their wallets and pocketbooks, economic growth will be even stronger.”

As the recovery improves, the group believes underlying drivers of economic growth will broaden beyond housing and consumption.  Business spending and exports should also be stronger in 2014.

The committee believes the fiscal environment will be friendlier in 2014 and will exert less drag on consumers and businesses over the course of next year. The impending passage of a two-year budget agreement without big tax increases or spending cuts is a big change from 2013’s fiscal austerity, reducing economic uncertainty. The group forecasts a federal deficit of $560 billion in fiscal year 2014 (down from $680 billion in fiscal year 2013) and below $500 billion in fiscal year 2015, with higher tax receipts from a stronger economy accounting for most of the improvement.

“This year’s bipartisan budget deal will be extremely beneficial to the economy,” Low said. “For the first time since 2009, businesses and consumers can plan with much less worry about disruptive policy battles.”

After slowing in December, job growth will accelerate from near 180,000 per month last year to over 200,000 monthly in 2014, according to the bank economists.

“Faster job growth will pull the unemployment rate down to 6.4 percent by the fourth quarter,” Low said. “The Federal Reserve will continue to monitor the job market and taper asset purchases accordingly. In the meantime, watch for investors to shift focus from the Federal Reserve’s asset purchases to its guidance on rate policy.”

The committee expects the Federal Reserve to maintain a very accommodative policy stance, keeping the federal funds rate extremely low.

The bank economists forecast that consumer credit growth will pick up this year, and that delinquencies will remain at low levels both this year and next.  In 2014 and 2015, loans to individuals are expected about 7 percent and loans to businesses will grow 8 percent.

“Banks will continue to meet the needs of their customers as we work to make the loans that help drive our economy forward,” Low said.

The members of the 2014 ABA Economic Advisory Committee are:

  • EAC Chairman Christopher Low, chief economist, First Horizon National Corp’s FTN Financial, New York;

  • Scott A. Anderson, SVP and chief economist, Bank of the West, San Francisco, Calif.;

  • Scott J. Brown, SVP and chief economist, Raymond James & Associates, Inc., St. Petersburg, Fla.;

  • Robert A. Dye, SVP and chief economist, Comerica Bank, Dallas;

  • Ethan S. Harris, co-head of global economics research, Bank of America Merrill Lynch, New York;

  • Stuart G. Hoffman, chief economist, PNC Financial Services Group, Pittsburgh;

  • Peter Hooper, managing director and chief economist, Deutsche Bank Securities Inc., New York;

  • Nathaniel Karp, EVP and chief economist, BBVA Compass, Houston;

  • Bruce C. Kasman, chief economist, JP Morgan Chase & Company, New York;

  • Gregory L. Miller, SVP and chief economist, SunTrust Banks, Inc., Atlanta;

  • George Mokrzan, SVP and director of economics, Huntington National Bank, Columbus, Ohio;

  • Richard F. Moody, SVP and chief economist, Regions Financial Corporation, Birmingham, Ala.; and

  • Carl R. Tannenbaum, SVP and chief economist, Northern Trust Corporation, Chicago

Click here for detailed EAC forecast numbers.

Click here for a two-minute video clip of EAC chairman Christopher Low’s summary of the forecast.

The American Bankers Association represents banks of all sizes and charters and is the voice for the nation’s $14 trillion banking industry and its two million employees.  Learn more at aba.com.

Bank Economists See Stronger Economic Growth in 2014
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Accounts Receivable Management

Ontario Systems Continues Commitment to Customer Safety and Stability with Renewed Security Certifications


Ontario Systems, a leading receivables technology and services provider, has renewed its certification across four security standards – SSAE-16, PCI-DSS, PA-DSS, and ISO 27001 – the organization announced today, emphasizing its ongoing commitment to customer safety, stability, and risk aversion. The company originally achieved those certifications as early as 2006.

“Our customers have come under significant pressure to manage their suppliers, and validate them for compliance with the same laws, regulations, and standards they themselves are mandated to follow,” says Rick Clark, Corporate Security Manager at Ontario Systems. “Our own initiatives are designed to proactively help clients meet those requirements, mitigate risk, and continue our 30+-year track record of integrity and innovation in the ARM and healthcare receivables industries.”

Each certification has its own history and specific requirements, including:

  • Audits to test for existing financial control activities per the Sarbanes-Oxley Act (SSAE-16)

  • Controls surrounding the storage, transmission, and processing of payment cardholder data (PCI-DSS)

  • Guidelines for how specific payment processing hardware and software stores, transmits, and processes cardholder data (PA-DSS)

  • Elements necessary to establish, implement, operate, monitor, review, maintain, and improve a documented Information Security Management System (ISO 27001)

“Ontario Systems clients rightly expect us to protect their information in accordance with applicable contracts, laws, and regulations,” Clark concludes. “Our ongoing commitment to the most stringent security standards ensures that objective is met.”

“Compliance initiatives like these provide us with a heightened incentive to proactively, and relentlessly improve who we are as a company, and what we do for our customers,” says Ron Fauquher, Ontario Systems CEO. “We take security as seriously as the people we serve. It’s for that reason we will continue to move forward with those objectives, to create a brighter future for everyone across the industries in which we operate.”

To learn more about Ontario Systems and its quality and security certifications, visit ontariosystems.com/about/certifications.

Ontario Systems, LLC is a leading provider of accounts receivable and strategic receivables management solutions for the collections and healthcare industries. Offering a full portfolio of software, services, and business process expertise, Ontario Systems customers include nine of the 10 largest collections agencies, and three of the five biggest health systems in the U.S., with 55,000 representatives in more than 500 locations. To learn more about how Ontario Systems can help power up your receivables, visit OntarioSystems.com, or email info@ontariosystems.com

Ontario Systems Continues Commitment to Customer Safety and Stability with Renewed Security Certifications
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Accounts Receivable Management

State AG Sues Another Debt Buyer Over DDA Account Collection


Minnesota Attorney General Lori Swanson announced Wednesday that her office has filed a lawsuit against a debt buyer that specialized in demand deposit accounts (DDA). Swanson alleges that the company illegally charged interest to consumers after the accounts were purchased.

Swanson’s case against Minnesota-based Bradstreet & Associates, and its predecessor Bridgestone and Associates, claims that the firm charged up to 21.75 percent annual interest on old demand deposit account overdraft debt that originated with Wells Fargo and US Bank. Both Wells Fargo and US Bank charged their customers fees, but not interest, on overdrawn checking accounts, and contracts with their customers did not allow interest to be charged on overdrawn funds or the associated fees.

In some cases, Bradstreet got courts to enter judgments against unrepresented people at the full 21.75 percent rate of interest, even though the underlying bank contracts did not allow it. In 2013, the Minnesota Legislature—at the urging of the Attorney General—enacted a law to require debt buyers seeking default judgments in court to substantiate through admissible evidence that they are suing the right person for the right amount. The law became effective on September 1, 2013.

Attorney General Swanson commented, “We will watch to see if the new law deters debt buyers from asking courts to award default judgments against unrepresented people with scant, incorrect, or manufactured evidence.”

The case announced Wednesday is related to one announced a couple of months ago by Swanson. The AG went after United Credit Recovery in late October over DDA accounts purchased from Well Fargo, US Bank, and others.

Although UCR was not mentioned in yesterday’s announcement, Bradstreet was mentioned in the lawsuit filed against UCR in October. That suit was over robo-signed affidavits used in debt collection suits. UCR apparently resold many of their DDA accounts to Bradstreet.

In December, another state AG announced his own action against UCR. Colorado Attorney General John Suthers filed a suit against UCR also over the company’s affidavits.

State AG Sues Another Debt Buyer Over DDA Account Collection
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Accounts Receivable Management

Consumer Delinquencies Fell Significantly in Third Quarter, Except Credit Cards


Consumer delinquencies declined significantly in last year’s third quarter as the economy improved and consumers better managed their finances, according to results from the American Bankers Association’s Consumer Credit Delinquency Bulletin.

The composite ratio, which tracks delinquencies in eight closed-end installment loan categories, fell 13 basis points to 1.63 percent of all accounts in the third quarter, a record low that’s well under the 15-year average of 2.35 percent. (See Historical Graphic.) The ABA report defines a delinquency as a late payment that is 30 days or more overdue.

“More jobs and higher income are a recipe for lower delinquencies,” said James Chessen, ABA’s chief economist. “Consumers also continue to do a good job of monitoring their finances and keeping debt at manageable levels.”

Bank card delinquencies saw a slight third-quarter increase, rising 13 basis points to 2.55 percent of all accounts – but still remain well below their 15-year average of 3.84 percent.

“While bank card delinquencies saw a slight uptick, rates are still more than 30 percent below their 15-year average,” Chessen said.  “It will be difficult for bank card delinquencies to improve further when they are already at such low levels.”

Chessen noted that delinquencies in two home-related loan categories – home equity loans and home equity lines of credit – fell sharply in the third quarter as home prices increased.

“Rising home prices have relieved some of the pressure on home equity loans and home equity lines of credit,” Chessen said. “This is another sign of a housing sector recovery as people find it easier to sell or refinance their homes.”

Chessen believes that small fluctuations in delinquency rates are likely in the months ahead as the economy continues to improve.

“Delinquencies are likely to remain at reasonably low levels for the next several quarters as the economy continues to improve and jobs and income continue to grow,” Chessen said. “At the same time, consumers can’t afford to be complacent when it comes to keeping debt levels under control.”

The third quarter 2013 composite ratio is made up of the following eight closed-end loans. All figures are seasonally adjusted based upon the number of accounts.

Closed-End Loans

  • Personal loan delinquencies fell from 1.94 percent to 1.51 percent.

  • Direct auto loan delinquencies held steady at 0.88 percent.

  • Indirect auto loan delinquencies fell from 1.72 percent to 1.64 percent.

  • Mobile home delinquencies fell from 3.96 percent to 3.64 percent.

  • RV loan delinquencies fell from 1.20 percent to 1.14 percent.

  • Marine loan delinquencies fell from 1.55 percent to 1.36 percent.

  • Property improvement loan delinquencies rose from 0.80 percent to 1.25 percent.

  • Home equity loan delinquencies fell from 3.83 percent to 3.58 percent.

Open-End Loans

  • Bank card delinquencies rose from 2.42 percent to 2.55 percent.

  • Home equity lines of credit delinquencies fell from 1.90 percent to 1.71 percent.

  • Non-card revolving loan delinquencies rose from 1.58 percent to 1.84 percent.

The American Bankers Association represents banks of all sizes and charters and is the voice for the nation’s $14 trillion banking industry and its two million employees. Learn more at aba.com.

Consumer Delinquencies Fell Significantly in Third Quarter, Except Credit Cards
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Accounts Receivable Management