Archives for February 2014

Oregon Considering Bill to Block Use of Private Collectors for State Debt

February 13, 2014 By admin Leave a Comment

Oregon lawmakers Wednesday held a hearing on a bill that would prevent the state’s Department of Revenue from hiring private debt collection agencies to help recover unpaid taxes.

The bill’s (SB 1568) sponsor, Sen. Chris Edwards (D-Eugene), argues that it is necessary because private collection agencies can be “downright overly aggressive” in their collection practices. The bill has prominent backing from the local office of the Service Employees International Union (SEIU) which argues that Department of Revenue employees can do a better job collecting tax debt.

That mirrors the main argument the National Treasury Employees Union used in their opposition to private agencies collecting IRS debt. Since the program died in 2009, reports have shown that the premature cancellation of the IRS private debt collection contract was misguided and served no purpose.

Jim Markee, with the Oregon Collectors Association, pointed out in the hearing that private firms must comply with federal and state fair debt collection practices law. He also noted that the state has dragged its feet on debt collection and that whatever it’s currently doing isn’t working.

According to the latest report compiled by the state, debtors owed the state of Oregon more than $3 billion as of July 2013, of which $738 million was unpaid taxes to the Department of Revenue.

Edwards conceded that the language of the bill is “overly simple” and that it probably wouldn’t pass. But he said he wanted to start a discussion about the way the state handles tax debt.

Oregon Considering Bill to Block Use of Private Collectors for State Debt
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Accounts Receivable Management

Filed Under: News

Story on Debt Collection “Rocket Dockets” Largely Misses the Point

February 13, 2014 By admin Leave a Comment

An article appearing earlier this week in American Banker focused on the use of resolution conferences in certain court jurisdictions to handle debt collection cases was largely incorrect and based on a fundamental fallacy, according to ARM attorneys with experience in the counties profiled.

The story, “Courthouse ‘Rocket Dockets’ Give Debt Collectors Edge Over Debtors” focuses much of its attention on the perceived unfairness of the resolution conferences, often called “rocket dockets” by consumer advocates. Several jurisdictions have set up the conference process to give alleged debtors one last shot at directly communicating with creditors, to either resolve the debt or actively defend it, before the plaintiff asks the courts for summary judgment.

The piece focused on the rocket dockets of two Maryland counties that border Washington, DC – Montgomery and Prince Georges. There are only a handful of courts that employ the conferences and all were set up as an additional layer of consumer protection against debt collection legal action.

But according to consumer advocates, because there are no judges or defendant attorneys present, the conferences unfairly tilt power in the direction of debt collection attorneys and their clients. Furthermore, they insist that the language used in summons imply that consumers must attend the conferences.

This is not the case, according to an ARM attorney with direct experience in the counties. “This is actually an additional protection afforded to consumers in these jurisdictions,” the attorney told insideARM.com. “The alternative to these conferences is default judgment in favor of the creditor plaintiffs.”

The attorney noted that the resolution conferences come into play only after all other communication attempts with the debtor have failed. Furthermore, consumer defendants are directed to conferences, administered by court clerks, only after they fail to state a defense to the debt collection suit, as required in the summons.

The National Association of Retail Collection Attorneys (NARCA) also took issue with the story.

“We are disappointed in the article,” said Joann Needleman, President of NARCA. “It largely ignores the fact that the conferences are an opportunity for consumers to get together with creditors in a neutral way. The safest place for consumers is in the courthouse. They have far more protections there than through any other communication channel used in debt collection.

In fact, the article did include statements from Maryland judges that directly refuted many of the contentions argued by consumer advocates and supported the position of NARCA.

They noted that the conferences are set up to aid consumers, there is always pro bono legal help present, attendance is voluntary, and that judges need not attend the conferences since that directly contravenes the purpose of the process in the first place: to resolve portions of the large volume of debt collection lawsuits. But those statements appeared in the article after more than 1,700 words of consumer stories and a thorough rehashing of the Encore Capital affidavit issue.

Story on Debt Collection “Rocket Dockets” Largely Misses the Point
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Accounts Receivable Management

Filed Under: News

Overcoming “Moral Challenges” to Point-of-Service Collections

February 13, 2014 By admin Leave a Comment

Employing point-of-service collections can be a drastic cultural shift for healthcare organizations. Even the word “collections” remains taboo in some segments of the healthcare industry.

But in light of the financial pressures stemming from rising patient bad debt, providers must embrace the best practices for account resolution. And as the HFMA and ACA’s Patient Financial Communication Task Force points out, this includes laying the groundwork for collection success prior to service and discharge.

Check out an in-depth discussion of point-of-service collections on insideARM’s sister site, insidePatientFinance.com.

Overcoming “Moral Challenges” to Point-of-Service Collections
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Accounts Receivable Management

Filed Under: News

House Pushes CFPB Reform, But to What End?

February 13, 2014 By admin Leave a Comment

The House of Representatives passed a resolution Wednesday permitting floor debate on a bill that would overhaul the leadership structure of the Consumer Financial Protection Bureau. HR 3193, sponsored by Rep. Sean Duffy (R-Wisc.), would create a five-member commission to lead the Bureau and submit the CFPB to the Congressional appropriations process.

In addition, the bill would align the pay rates for bureau employees with the pay schedule of other federal employees, require the CFPB to get permission from consumers before collecting financial information, mandate that the Bureau consider the “financial safety and soundness” of financial institutions during the rulemaking process and give the Financial Stability Oversight Council the ability to overrule any CFPB rules with a majority vote.

The House is currently in recess until February 24, so it’s unlikely that debate or a vote on the bill will happen before then. The bill is expected to pass along party lines. ACA International released a bulletin detailing the future of HR 3193 and its impact on the CFPB.

But once the bill clears the House, it basically has no future. The Senate is as likely to take up the bill as it is to take up one of the 47 House bills repealing the Affordable Care Act. And the White House has already clearly stated that President Obama will veto the bill if it ever reaches his desk. White House Press Secretary Jay Carney held a press briefing Tuesday to criticize House Republicans for pushing such partisan legislation.

“Since its creation, the CFPB has put in place safer national mortgage standards to protect borrowers; begun to implement protections governing non-mortgage products; improved disclosure requirements so that consumers are better informed; created a national consumer complaint center that has handled nearly 270,000 consumer complaints to date; secured more than $3 billion in relief for nearly 10 million consumers through enforcement actions against bad actors who violated the law; and established federal oversight of important financial industries for the first time, including non-bank mortgage lenders, payday lenders, debt collectors, and credit-reporting agencies,” Carney said. “We should be working together to continue the progress that we’ve made.”

So as it stands, the CFPB isn’t going anywhere any time soon, and the debt collection industry needs to be on guard for its growing supervisory role. One of the “hottest” issues the CFPB is monitoring in the debt collection industry is compliance with UDAAP: Unfair, Deceptive or Abusive Acts and Practices. In the past two years, the Bureau has taken a number of high-profile enforcement actions against collectors and creditors that had UDAAP violations.

For example, in 2012, the CFPB found that American Express lied about consumer debts to obtain payments in the collection process. The Bureau fined American Express $27.5 million and forced the company to pay restitution of $85 million. And recently, in December 2013, the CFPB took its first action against an online loan servicer (CashCall) – and an affiliated debt collection agency (Delbert Services Corporation) – arguing that the companies violated UDAAP and collected money consumers did not owe.

Learn more about why UDAAP compliance matters – and how to master it – with our new report, Compliance Overview: UDAAP. Get the top 10 compliance tips, sourced from industry experts, to make sure your agency and vendors are keeping up with UDAAP requirements (pg. 6). Use our comprehensive checklists to ensure your compliance management system goes above and beyond the requirements for a CFPB examination (pg. 16). This is a resource no company should be without!

Also, as the CFPB ramps up enforcement actions and audits across the board, from creditors to debt buyers to collection agencies themselves, don’t miss our timely webinar from insideCompliance: How to Survive a CFPB Audit, on Tuesday, February 25 at 2 p.m. Eastern with Nicole Strickler of Messer & Stilp Ltd. Getting organized early can help avoid confusion when the CFPB asks to see your policies; it may even reduce the odds of the Bureau setting up an in-house presence during the exam. Learn from real-world examples about how the CFPB measures accountability, so you can do the same.

House Pushes CFPB Reform, But to What End?
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Accounts Receivable Management

Filed Under: News

Pop Quiz: Can Collectors Advice Consumers About Their Credit Scores?

February 6, 2014 By admin Leave a Comment

Take Our Poll

Looking for additional information about complying with FCRA? We’ve got you covered. Our Compliance Overview is an excellent resource for getting your head around the ins and outs of complying with the Fair Credit Reporting Act.

Pop Quiz: Can Collectors Advice Consumers About Their Credit Scores?
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Accounts Receivable Management

Filed Under: News

The Key Questions to Ask Yourself Before Selling Your ARM Business

February 6, 2014 By admin Leave a Comment

Mike Ginsberg

Should you sell your business now, in the future, not at all? Here are the key questions to help you make an informed decision when it comes to the sale of your ARM business.

Is my business ready for a sale?

All businesses are saleable at any time regardless of performance. Let me repeat that statement to emphasize the point. All businesses are saleable at any time regardless of performance. Whether your business is ready for a sale or not is not dependent upon its financial performance unless you have a particular price in mind.

What information will I need to produce to sell my business?

At a minimum, you will need to produce three years of historical financial statements. It is in the seller’s best interest to prepare an adjusted income statement to illustrate the business’s true level of profitability on a recast basis. Tax returns are fine for smaller businesses but I still recommend you take the time to paint an accurate picture of your business’s profitability. The current year’s budget would be helpful but not mandatory. In addition to financial statements, make sure you have a current organizational chart, facilities lease details, client contracts and details about any existing lawsuits ready.

How will a buyer value my business?

The answer to this question does not have to be a surprise. You could have a strong sense of value and potential transaction structure well in advance of a sale as specific attributes of your particular business might add to, or detract from, value.

What advisors should assist you in the transaction?

It is absolutely critical to make sure you have a qualified transaction attorney in place. Your current corporate attorney most likely does not qualify. I don’t typically see any changes in accounting firms needed to assist in a sale, provided your existing firm has a good handle on your company’s financial performance. An experienced and well-connected business broker will help you sift through buyer candidates and properly prepare you for the sale process. A valuation expert can help you determine value in advance of a sale process. A financial planner can also add value to your transaction team.

Is the timing right for me to sell my business?

Sale decisions are made on 3 different levels: macroeconomic, company and personal. A qualified consultant can help you address the first two levels to determine if the timing is right for you to sell your particular business. The personal decision is entirely up to you, your family and your health.

Can I cope with the changes on the horizon?

The collection industry is evolving right before our eyes, with intense regulatory changes that are directly impacting client decisions to sell debt or place accounts with collection agencies or collection attorneys. The cost of compliance continues to escalate as does the cost of technology improvement to keep up with client demand while operating profitability. If the heat is getting unbearable then it might be time to get out of the kitchen.

Can my business thrive (or even survive) the loss of me as the owner?

Are you the type of owner that turns on the lights each morning and is involved in every decision that is made within your business? If the truthful answer is yes, then you should expect that a buyer will structure the transaction around your retention for some period of time post sale. Having key managers in decision making roles prior to a sale will allow the buyer to justify better terms for the seller.

What are the potential deal-breakers if I were to sell my business today?

Picture the playground bully taking the 90 pound weakling upside-down by the ankles and shaking him violently until everything falls out of his pockets. An experienced buyer will sift through absolutely every aspect of your business to make an informed decision about pricing, structure, payment timing and contingencies. This scrutiny will be compounded if outside funding sources are needed to finance your transaction. I recommend that you ask yourself what potential deal breakers would exist if you were to buy your own business. Now be prepared for the buyer to ask the exact same questions.

What will my life look like after a sale?

Assuming you don’t have to work full-time, or anytime post-closing, how will you spend your time? A lot of owners say they will improve their golf game or travel the world. Perhaps that works for some owners but not most. I recommend you spend time with your wife/husband/family and decide together what your life will look like post sale. As much as the sale of a business is a financial decision, that is truly the easier part. The more challenging component of any transaction for an owner/operator (not an investor-type owner) is what their life will look like after the deal closes.

The Key Questions to Ask Yourself Before Selling Your ARM Business
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Accounts Receivable Management

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CFPB Director Cordray Falls Short on Jeopardy as House Considers Power-Restricting Bill

February 6, 2014 By admin Leave a Comment

Richard Cordray, Director of the Consumer Financial Protection Bureau (CFPB), came up a little short in his return to TV quiz show Jeopardy!, which aired last night. Cordray was previously an undefeated five-time champion on the show in 1987. The day before, a House Committee chairman sent a letter to his caucus preparing them for floor action on a bill that would restructure the CFPB.

Cordray was revisiting the game show for a “returning champions” week of special match-ups of previous winners. This specific episode was billed as “Battle of the Decades: 1980s.”

In 1987, while clerking for U.S. Supreme Court Justice Anthony Kennedy, Cordray won in five-straight episodes – at the time, the show’s limit – taking home more than $45,000. This time around however, Cordray was not able to keep any of his winnings; as a Presidential appointee, he cannot keep the money nor can he donate it to charity.

Cordray’s picture from his 1987 appearance

But last night he came up a little short against stiff competition, placing second.

His appearance came just a day after U.S. Rep. Jeff Sessions (R-Texas), Chairman of the House Committee on Rules, sent a letter to his colleagues informing them of a possible meeting next week to consider a rule on the amendment process for H.R. 3193 (the “Consumer Financial Protection Safety and Soundness Improvement Act of 2013”). These types of letters generally signal that a bill will come up on the House floor soon.

The bill, which was passed by the House Financial Services Committee in November, would restructure the CFPB and fundamentally change the way the agency operates. It would create a five-member commission to head up the Bureau (rather than one director), make the CFPB a separate agency subject to Congressional appropriations (rather than getting its funding through the Federal Reserve), and give the Financial Stability Oversight Council the ability to overrule CFPB rules with a majority vote.

The bill contains much of the desired changes to the CFPB opponents have been seeking since its creation in 2010.

But even if the bill passes the full House, it faces near-certain death in the Senate and the threat of veto from the President.

CFPB Director Cordray Falls Short on Jeopardy as House Considers Power-Restricting Bill
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Accounts Receivable Management

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NCS Wins Award for Federal Collection Subcontracting Performance

February 6, 2014 By admin Leave a Comment

National Credit Services (NCS) and Fed Cetera are pleased to announce that NCS has won Fed Cetera’s first-ever Robert J. Prince Award for outstanding performance as a subcontractor on the Department of Education’s (ED) Private Collection Agency (PCA) contract.

The award is given to a small business subcontractor whose exceptional performance, provided in a compliant environment, has had a substantial impact on performance for ED among small business subcontractors in the previous year. Working for ED PCA Account Control Technology, Inc. since 2011, NCS displayed outstanding performance across the board in 2013, earning the company this honor for 2014.

“It’s an honor to be recognized and receive the first-ever Robert J. Prince Award,” said Haidari Sarajy, President of NCS. “I would like to credit Account Control Technology for their trust and unwavering support throughout the past three years as well as my NCS team for their hard work and accountability. Their commitment to respectfully communicating with ED borrowers and following compliance guidelines has made this all possible.”

“ACT has had the pleasure of mentoring NCS for three years, and the company’s recent achievement is well-deserved,” said Nabil Kabbani, CEO of ACT. “NCS eagerly adopted ACT’s time-tested, consultative approach to debt collection, and their outstanding performance shows that treating borrowers with respect leads to the best outcomes for all parties involved.”

From left to right: Robert J. Prince (retired), Troy Ortega (ACT), Nick Myrben (NCS), Haidari Sarajy (NCS), Nick Bernardo (Fed Cetera), Leah Wilson Conger (Fed Cetera), Lynn Heineman (ACT), Kris Berquist (ACT), Nabil Kabbani (ACT)

NCS is currently one of only a handful of small businesses competing to win a small business set-aside contract from ED this year for a procurement that started in March of 2013. As reported on www.mygovwatch.com, due to increases in volume, ED’s business with its more than three dozen contractors and subcontractors is expected to reach $700,000,000 per year by 2015. Fed Cetera helps small businesses tap into subcontracting opportunities available through the ED contract.

“We have been pleased to have the chance to work with ACT on its subcontracting strategy since 2011,” said Leah Wilson Conger of Fed Cetera, continuing, “this arm’s-length relationship not only follows the letter and the spirit of ED’s subcontracting program for PCAs, but also shows that PCAs willing to offer their expertise to small businesses can help drive small business growth in a way that reinforces what ED is trying to accomplish.”

The ED PCA contract employs thousands of American workers. In a report published by the Department of the Treasury in March of 2013 and available as a free download here, ED’s total receivables have continued to rise, from $504.7 billion to $643.3 billion, or 27.5%, at the end of FY2012. Its delinquent dollars went up by $120 billion during the same period. Any dollar collected by an ED PCA is one that can conceivably be relent to a future student who aspires to receive a college degree.

Based in Woodinville, WA, National Credit Services is a full service, nationally-licensed collection agency that has been serving businesses across the nation with professional recovery since 1995. The company serves a broad range of clientele in various industries including: higher education, healthcare, financial institutions, retail, commercial and government entities. Account representatives are trained to be the best in the industry by an operation and management team with over 100 years of combined experience. For more information, call 800-324-7564, email sales@ncscollect.com, or visit www.ncscollect.com.

Account Control Technology, Inc. is a national leader in providing consultative debt management and collection solutions for education, government, and consumer entities. Established in 1990, ACT has been recognized as an Inc. 5000 fastest-growing private company for the past seven years running. The company serves clients nationwide from five office locations: Bakersfield, California; Woodland Hills, California; Mason, Ohio; Dallas, Texas; and San Angelo, Texas. For more information, call 800-394-4228, email info@accountcontrol.com or visit www.accountcontrol.com

Fed Cetera helps companies in the collection industry pursue opportunities with the Federal government. Federal PCAs have strong incentives to give a portion of their work to qualified small businesses. Companies working with Fed Cetera to pursue subcontracting opportunities recently surpassed $25,000,000 in total billings for their work provided as subcontractors to ED PCAs. Click here to learn more: http://www.netgain4results.com/net-gain-marketing/b2g/federal-subcontracting

NCS Wins Award for Federal Collection Subcontracting Performance
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Accounts Receivable Management

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Executive Change: Jason Blood to MSCHHI as Executive Director of National Operations for ARM Accounts

February 6, 2014 By admin Leave a Comment

Merchant Service Center of Hilton Head Island (MSCHHI), a leading provider of payment processing solutions to the ARM industry, is pleased to announce the promotion of Jason Edward Blood to Executive Director of National Operations for ARM accounts.

Mr. Blood has had years of experience in both the finance and collections industries and will be based in San Diego.

MSCHHI has always felt that understanding the ARM industry is critical for a card processing company, as we know that your ability to accept debit and credit cards dramatically increases sales and gives your business the boost it needs to succeed. With same day approvals, 24 hour customer service, personalized account reps and industry leading rates Merchant Service Center is the only credit card processing solution you’ll need. We’ll provide you with access to our award winning Gateway where you can process credit cards and checks, and set up recurring billing. Our technology is compatible with all major collection software platforms, is easy to integrate and is certified PCI compliant.

Please contact Mr. Blood today at Jason.blood@mschhi.com for a no obligation price comparison and analysis of your processing needs.

Executive Change: Jason Blood to MSCHHI as Executive Director of National Operations for ARM Accounts
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Accounts Receivable Management

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Credit Control, LLC Acquires Professional Recovery Services, Inc.

February 6, 2014 By admin Leave a Comment

Credit Control, LLC, headquartered in St. Louis, Mo., has acquired Professional Recovery Services, Inc. (PRS), a Voorhees, N.J.-based provider of third-party debt collection services to large financial institutions and other blue chip credit grantors. The transaction was completed in December 2013.

Corporate Advisory Solutions, LLC advised PRS in the deal and is proud to announce the transaction as its first in the Accounts Receivable Management (ARM) industry.

According to Michael Lamm, President & CEO of CAS, “It was a pleasure to represent PRS in the marketplace. PRS established a reputation for strong performance and regulatory compliance in the credit card sector, and leveraged these core competencies to win business in other consumer markets.”

At the time of the transaction, PRS supported roughly 170 employees in three locations. Jack McCusker, the owner of PRS, will remain involved transitionally prior to pursuing other business interests. Jack commented, “PRS is a great company that has found a good home. While I enjoyed my time there and in the ARM industry, I am looking forward to moving on and pursuing other activities. I truly appreciate the advice and support that I received from Michael and the CAS team during this engagement, and would highly recommend them to other business owners seeking to sell their companies.”

Doug Jacobsen, Chairman of Credit Control, stated, “We are delighted to own PRS and look forward to growing this business as part of the Credit Control family. PRS’ strong reputation in the financial services sector will compliment Credit Control’s family of ARM companies.”

Rick Saffer, President and CEO stated, “This acquisition couldn’t be a better fit for both companies. There is very little overlap in the client base, the leaders of both organizations have worked together in the past, and both companies work on similar collection platforms. PRS will have the benefit of Credit Control’s strong balance sheet and capital sources while Credit Control will have access to some of the largest creditor’s in the country. This acquisition also fits perfectly with Credit Control’s strategy of providing a diversified one-stop solution for our clients.”

Credit Control will continue to be acquisitive of ARM companies and distressed consumer asset portfolios.

For more than 20 years, Credit Control, LLC has been a nationally licensed, full-service receivables organization providing customized solutions to meet the individual revenue cycle needs of each of our clients. Credit Control has continued to focus on partnering with clients to collect their past-due accounts receivable balances and develop strategies to further maximize their financial results. Credit Control’s history in the collection industry started in 1989 and currently serves over 450 clients. Credit Control, LLC was formed in 2006 by purchasing a 17 year old agency.

Professional Recovery Services, Inc. (PRS) is a privately held company offering debt collection and accounts receivable management services nationwide. PRS’ corporate offices are located in Voorhees, NJ. In addition to PRS’ corporate offices, PRS maintains Branch offices in Vineland, NJ and Las Vegas, NV. PRS primarily services the following stages of delinquency: early out / pre collection servicing, primary and secondary charged off portfolios. PRS has a long established reputation providing services for the banking and financial services industries with a focus on credit card, consumer loans, auto, mortgages, student loans, commercial and government accounts.

Corporate Advisory Solutions, LLC (CAS) is an advisory firm and merchant bank that strategically partners with clients to build, grow and sell successful businesses. CAS’ suite of services includes capital raising, sell-side and buy-side representations, valuation, compliance and strategic advisory services. Members of CAS are registered representatives with the FINRA Member broker-dealer StillPoint Capital LLC, Tampa, FL. CAS specializes in the outsourced businesses services (OBS) sector, with particular expertise in the accounts receivable management, revenue cycle management and customer relationship management industries. The CAS deal team has completed over 70 transactions representing nearly $2 billion in shareholder value for a variety of clients – from small family businesses, to Fortune 500 companies, to various financial investment firms. CAS operates from two offices based in Philadelphia, PA and Washington, DC

Credit Control, LLC Acquires Professional Recovery Services, Inc.
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Accounts Receivable Management

Filed Under: News