Archives for September 2014

Class Action Explores Door Hangers as Collection Communications Under FDCPA


A federal judge last week certified a class action that accuses a mortgage services company of violating the FDCPA by leaving a message on a door hanger for a consumer to call a specific number.  The note made no mention of the debt, although it was left specifically for that purpose.

U.S. District Judge Joan Gottschall in the Northern District of Illinois granted certification on Sept. 17 in Simpson v. Safeguard. The main issue is that the door hanger messages did not identify who left them or that the communication was in connection with a debt.

The plaintiff claims that Safeguard Properties LLC left five messages hung on the door knob of her home between Oct. 8, 2012 and Feb. 1, 2013. The property was attached to a mortgage for which Safeguard was the servicer and that the mortgage holder claims was delinquent (Simpson denies that she was even behind on payments).

In addition to not properly disclosing that the communication was in connection with a debt, Simpson claims that no validation notice was sent after initial communication, also an FDCPA violation.

But Safeguard contends that the FDCPA does not apply to the company as it is not a debt collection agency. The firm’s argument states that it is hired by mortgage companies to inspect foreclosed and abandoned homes and assist with evictions. As part of its field agent services, it also performs “contact attempt inspections” such as leaving door hangers asking the recipients to call.

Gottschall did not decide on the legal merits of the case last week, writing “whether Safeguard violated the FDCPA…will inevitably involve some individualized inquiry.” But she certified that the suit met the requirements for class certification. It will be interesting to follow the case and see if yet another form of communication falls under the FDCPA.

Class Action Explores Door Hangers as Collection Communications Under FDCPA
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Accounts Receivable Management

NARCA Submits Response to CFPB Consumer Narrative Proposal


The National Association of Retail Collection Attorneys (NARCA) has provided a response to the Consumer Financial Protection Bureau (CFPB) proposal to make consumer narratives public. The response joins with numerous other organizations in making with a series of recommendations for improving the proposal. The full response can be found here.

The CFPB published a proposed policy statement describing its plans to disclose data from consumer complaints about financial products and services in 2013. The federal agency then began the process of gathering public comment on the proposal.

“We commend the CFPB for its efforts to provide a transparent and level playing field for both consumers and creditors,” said Joann Needleman, president of NARCA and a member of the CFPB Consumer Advisory Board. “We are in agreement with the agency that providing consumers with the both sides of the story will help educate consumers on responsible financial management.”

Highlights of NARCA’s recommendations include:

  • The CFPB go beyond just verifying a relationship between the consumer and a creditor, instead making efforts to confirm the accuracy of a consumer complaint before publishing it. In the last few months the courts have cited the standards for accuracy called for in the Fair Debt Collection Practices Act (FDCPA). NARCA believes those same high standards of accuracy should apply to the CFPB and the database.
  • Allow companies to post narratives regardless of whether a narrative has first been posted by a consumer. The current proposal only allows companies to post a narrative only if it is in response to consumer narrative. If a consumer opts to provide only a complaint but no narrative, a company is prevented from responding, meaning consumers reviewing the complaint will only be getting one side of the story.
  • Consumers should be allowed to amend their narrative at any time in the process. The current proposal provides that consumers may withdraw their consent to have their narratives posted at any time. Consumers’ opinions may change as they get a creditor response to their complaint or inquiry. Allowing consumer to amend their original inquiry or comment would further the stated CFPB goal of providing the full story.
  • The database should allow consumers the ability to post complimentary narratives. The Current proposal provides no mechanism for consumers to post narrative compliments about their interaction with a creditor. The CFPB should add this functionality to its database since positive comments are just as helpful in consumer decision-making as negative comments.

“We believe these recommendations will support the CFPB’s goal of protecting consumers by helping to educate them on financial best practices and we look forward to continuing our productive relationship with the CFPB,” said Needleman.

NARCA is a not-for-profit trade association comprised of more than 600 law firms and in-house counsel engaged in the practice of debt collection law. Attorneys employed by NARCA member law firms are committed to the fair and ethical treatment of all participants in the debt collection process. They are required to practice law in a manner consistent with their responsibilities as officers of the court and must adhere to applicable state and federal laws, rules of civil procedure, state bar association licensing and certification requirements and their respective rules of professional conduct.

NARCA Submits Response to CFPB Consumer Narrative Proposal
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Accounts Receivable Management

Congressman Lacy Clay Visits ACA’s D.C. Office for Campaign Fundraiser


U.S. Rep. Lacy Clay (D-Mo.) returned to ACA International’s office in Washington, D.C., on Sept. 24, 2014, for a fundraiser in support of his re-election campaign. Clay also visited the office in June this year for a similar event organized by ACA’s Political Action Committee, which works to support and enhance ACA’s lobbying and political advocacy efforts on behalf of members.

Clay is serving his seventh term and is a senior member of the House Financial Services Committee, which continually focuses on oversight and accountability at the Consumer Financial Protection Bureau.

He has encouraged credit and collection industry professionals and ACA members to attend the career fair he hosts in St. Louis each year.

As the election approaches, advocacy on issues important to the credit and collection industry is important. There is no more effective way to cement a good relationship with a potential lawmaker than to participate in his or her election or re-election campaign. ACA’s federal government affairs staff looks forward to working with ACA members to convey the positive economic impact and job opportunities our members provide.

ACPAC works to support and enhance the effectiveness of ACA’s lobbying and political advocacy efforts. For more information, contact ACPAC Director Rae Ann Bevington at Bevington@acainternational.org or (202) 547-2670.

Congressman Lacy Clay Visits ACA’s D.C. Office for Campaign Fundraiser
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Accounts Receivable Management

BFrame Announces Cloud Infrastructure Partnership


BFrame today announced its partnership with QTS to supply a processing environment for government entities. QTS’ Federal Cloud is designed to meet FedRAMP and FISMA requirements. This Infrastructure as a Service (IaaS) is a physically-isolated cloud and housed in one of the world’s largest and most secure data centers BFrame will leverage QTS’ best-of-breed technologies and networking for better performance and security. Combining BFrame’s web-based application with QTS IaaS enables BFrame federal customers to leverage cloud computing for their recovery operations while meeting or exceeding compliance requirements.

“An increasingly sophisticated hacking community and heightened public awareness of data security risks has led to more comprehensive security and privacy requirements on firms collecting on student loans. With our relationship with QTS we can assure our customers that their underlying cloud infrastructure meets or exceeds these requirements,” said BFrame CEO Eric Bentz. “Our goal is always to keep our customers both effective and fully compliant and the QTS partnership is evidence of that.”

The QTS Richmond data center is designed to meet federal requirements. This fault tolerant site features two on-site substations delivering 110MVA, redundant power and cooling and on-site fuel storage. The site is configured with access to a broad range of global and national providers of local, fiber and internet connectivity. Regional fiber connectivity provides fully protected diverse routes to Culpeper and Northern Virginia. The facility itself is secured with K-12 delta vehicle barriers and fencing, 24×7 visitor screening, extensive security monitoring and card access, biometric fingerprint and iris can identification systems.

QTS Realty Trust, Inc. (NYSE: QTS) is a leading national provider of data center solutions and fully managed services and a leader in security and compliance. The company offers a complete, unique portfolio of core data center products, including custom data center (C1), colocation (C2) and cloud and managed services (C3), providing the flexibility, scale and security needed to support the rapidly evolving hybrid infrastructure demands of web and IT applications. With 12 data centers in eight states, QTS owns, operates and manages approximately 4.7 million square feet of secure, state-of-the-art data center infrastructure and supports more than 850 customers. QTS’ Critical Facility Management (CFM) can provide increased efficiency and greater performance for third-party data center owners and operators. For more information about QTS, please visit www.qtsdatacenters.com, call tollfree 877.QTS.DATA or follow us on Twitter @DataCenters_QTS.

Founded in 1990, BFrame is a leading provider of collections and accounts receivable management software for collection agencies, debt buyers and credit grantors. The BFrame Recovery Management System is rock-solid hosted or licensed software that is easy to implement, easy to use and easy to pay for. Its feature-rich browser interface provides a powerful, flexible and user-friendly front-end to an industrial strength debt collection and recovery management system. System modules include collections, recovery, agency management, buy/sell management and SQL query tools. More than 3,000 collection and recovery agents use the BFrame system in daily collection operations, with approximately 20 million accounts processed each day. For more information, or to request a personalized product demonstration, visit the BFrame web site at www.bframe.com, or email sales@bframe.com.

BFrame Announces Cloud Infrastructure Partnership
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Accounts Receivable Management

‘Four-Second Review’ FDCPA Decision Cited in Separate Class Action Filing


Don Maurice

Don Maurice

On the heels of a June 30 decision finding that a New Jersey law firm violated the Fair Debt Collection Practices Act because its attorneys spent four seconds reviewing a pleading, a complaint seeking class certification has been filed against the same firm, citing findings of fact from the adverse court opinion.

The complaint, filed in New Jersey state court last month, was removed to the federal District of New Jersey last week.

The new case focuses on a May 2014 settlement letter, which was allegedly not prepared by attorneys and was sent before an “attorney exercised professional judgment by independently evaluating the collection demands and determining that sending a collection letter was warranted.”

The complaint further alleges that the attorneys permitted non-lawyers to send letters that no attorney had personally reviewed, and that attorneys had not first reviewed the underlying account documents.

The plaintiff also alleges that the letter misrepresented that the creditor was required to report settlement of disputed debts to the Internal Revenue Service and did not “identify common exceptions to IRS reporting requirements that would apply to the settlement of disputed debts.”

Finally, the complaint alleges the letter violated the FDCPA by attempting to collect a debt subject to an expired statute of limitations and by “failing to include a notice in its letters…that the underlying debt was time-barred and unenforceable.”

This post originally appeared on the Consumer Financial Services Blog, run by ARM defense firm Maurice & Needleman.

‘Four-Second Review’ FDCPA Decision Cited in Separate Class Action Filing
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Accounts Receivable Management

Arrow Global to Acquire Rival UK Debt Buyer Capquest for $258 million


UK debt buyer and ARM firm Arrow Global Group said Wednesday that it is acquiring smaller rival Capquest from a private equity fund for £158 million ($258 million) on an enterprise value basis.

The agreement, which is subject to the approval of Arrow Global’s shareholders, brings together the two parties’ complementary expertise to form a larger, integrated group in which both brands will be retained. Capquest has a best in class in-house servicing platform and state-of-the-art collections system, which will be enhanced by Arrow Global’s leadership in data enhancement, analytics and supply chain management.

Arrow Global said that the combination with Capquest, which is owned by TowerBrook Capital Partners, will create a European debt purchase and collection business with £15.4 billion ($25 billion) in face value combined receivables under management by, £12.4 billion of which are owned. The deal combines Arrow Global’s 5.4 million owned customer account records with Capquest’s 2.8 million owned customer accounts.

Helen Ashton, Capquest Chief Executive, commented: “We are delighted to announce an agreement has been reached for Capquest to be acquired by Arrow Global. Our experience in regulated environments, strong reputation for compliance and commitment to socially-responsible practices, together with our understanding of our customers’ needs, makes Capquest an attractive partner for Arrow Global. I believe our combined businesses will create a strong company, well placed to prosper in the current environment.”

Tom Drury, Chief Executive Officer of Arrow Global commented: “Today’s announcement of the acquisition of Capquest reinforces Arrow Global’s position as one of Europe’s leading debt purchase and management businesses. The acquisition positions us well to enhance the quality of our offering to our customers and clients. Bringing together Capquest’s sophisticated and customer-focused in-house collection capabilities with Arrow Global’s master servicing model and leadership in data and analytics is an important step in achieving our vision of being Europe’s leading debt purchaser and manager. It adds a significant portfolio of assets at attractive returns, supports our broad range of origination sources and extends our reach into new asset classes.”

Arrow Global to Acquire Rival UK Debt Buyer Capquest for $258 million
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Accounts Receivable Management

CAI Begins Campaign for Vets as ARMing Heroes Tells Story of Purple Heart Grant Recipient


With its 2014 No Debts for Vets Fundraising Drive currently underway, ARMing Heroes, the collection industry’s charity for military veterans, today took a moment to spotlight Joshua Cheever, a highly-decorated combat veteran and Purple Heart recipient who was recently awarded an emergency grant from the charity.

Sergeant Cheever dedicated more than seven years of his life to the U.S. Army as a military police officer, including tours of duty in Iraq. In 2008, Sergeant Cheever was wounded in his lower back as a result of a sniper attack, just below his protective vest, leaving him critically wounded. Thanks to lifesaving medical attention and surgeries, he survived the attack, but faced a long road to recovery. As a result of this action, Sgt. Cheever was awarded the Purple Heart.

Unfortunately, those injuries left Sgt. Cheever completely and permanently disabled, ultimately prompting his retirement from service. Mr. Cheever has found it difficult to support his family ever since. Earlier this year, he turned to ARMing Heroes and applied for a grant to help ease some of his financial stress. The charity was able to step in with some help.  When Joshua heard the news that his grant application was approved, he had this to say:

“I want to express my appreciation and gratitude to the ARMing Heroes organization and to the donors that make this great program possible. It is comforting to know that there are so many who support this great cause and are willing to help a soldier in need.  Amidst extreme financial strain related to a severe injury sustained in combat, ARMing Heroes is source of relief and reassurance that we are not facing this challenge alone. Thank you for all you do!”

Sergeant Joshua Cheever

Sergeant Joshua Cheever

To raise funds in support of the next Joshua Cheever, Credit Adjustments, Inc. (CAI), a nationwide collection agency headquartered in Defiance, Ohio, has decided to hold a company-wide employee drive during the current fundraiser. Dexter Smith, President of CAI, commented, “CAI is honored to provide support and assistance for our veterans, including some who have suffered formidable hardships due to their injuries. ARMing Heroes is an extraordinary, industry-focused charity, so we have encouraged all of our personnel to show their appreciation for service members who are struggling to pay their debts and support their own families. To be able to give back to these veterans is an incredible undertaking that CAI is proud to be a part of.”

CAI joins the ranks of several other ARM firms that have already pledged their support to this worthy cause, effectively jumpstarting the campaign and positioning this year’s drive to be the best yet.

ARMing Heroes relies on the generosity of ARM industry firms across the country to make its grant program possible, and the best way for companies to get involved is to hold an employee drive. This year, the charity has made it even easier to do just that by offering an Employee Fund Drive Starter Kit, as well as implementing a Donor Dog Tag promotion to encourage and commemorate employees’ support of military vets. Interested companies can learn more here.

Over the past five years, ARMing Heroes has provided grants to more than 100 military vets and their families, helping to ease the financial burden associated with returning to civilian life.  Most grant recipients struggle with service-connected disabilities, unemployment, and delinquent debt, and have turned to ARMing Heroes to help get their lives back on track. Stories of past grant recipients remind us all how rewarding this program can be.

However, this program would not be possible without support from generous donors like you. The charity’s flagship No Debts for Vets Charity Fundraising Drive started on September 11th and continues through Veterans Day, November 11th. Tax-deductible donations are being accepted online at www.armingheroes.org and via mail to PO Box 353, Collingswood, NJ 08108, payable to ARMing Heroes. Pledges may be made to info@armingheroes.org.

About Credit Adjustments, Inc.
CAI, a HUBZone-certified small business, is a leading provider of collection solutions for higher education, healthcare, and consumer organizations nationally.   The company has four locations across the country.

About ARMing Heroes
ARMing Heroes was founded and began operating in March, 2009.  The organization’s mission is to serve the needs of U.S. military veterans, including their spouse and children. ARMing Heroes fills a charitable niche by linking people identified with employment, credit, and financial counseling needs with the accounts receivable management industry, an industry uniquely poised to help in these areas.  Persons interested in volunteering their time and others interested in applying for benefits or pledging other forms of support are encouraged to contact the organization at www.armingheroes.org.

What Can I Do Right Now to Help?

  • Visit www.armingheroes.org and donate now.
  • Friend us and post this article to your page on Facebook.
  • Tweet about this article on Twitter.
  • Join our group on LinkedIn, the ARMing Heroes Veterans Charity Supporter / Assistance Center.
  • Comment on this article online and ask us to contact you.
  • Forward this article via email to your key contacts.
  • Print this article and fax it to your local congressional office and ask them to post our website on theirs as a resource for vets.

 

 

 

CAI Begins Campaign for Vets as ARMing Heroes Tells Story of Purple Heart Grant Recipient
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Accounts Receivable Management

BFrame Enhances Student Loan Rehabilitation Software


BFrame today announced enhanced software features to support new student loan rehabilitation program requirements dictated by the Federal Government and improve customer efficiency.

The new fully-featured, all-inclusive rehab tracking, funding and built in tools help customers both manage and streamline their student loan recovery processes. New federal calculators built right into the system enable agents to work with borrowers quickly and easily to obtain accurate monthly payments for rehabilitation.

“We continuously upgrade our software to support the changing needs of our customers, including any features required to ensure compliance with application regulations,” said BFrame CEO Eric Bentz. “One of the key benefits of our cloud-based software approach is our ability to easily upgrade the software so that our clients get the improvements more quickly and with less effort.”

The student loan rehabilitation enhancements are being made part of the base BFrame system. BFrame users will automatically get the upgrades at no additional cost.

Founded in 1990, BFrame is a leading provider of collections and accounts receivable management software for collection agencies, debt buyers and credit grantors. The BFrame Recovery Management System is rock-solid hosted or licensed software that is easy to implement, easy to use and easy to pay for. Its feature-rich browser interface provides a powerful, flexible and user-friendly front-end to an industrial strength debt collection and recovery management system. System modules include collections, recovery, agency management, buy/sell management and SQL query tools.

More than 3,000 collection and recovery agents use the BFrame system in daily collection operations, with approximately 20 million accounts processed each day. For more information, or to request a personalized product demonstration, visit the BFrame web site at www.bframe.com, or email sales@bframe.com.

BFrame Enhances Student Loan Rehabilitation Software
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Accounts Receivable Management

TCN Announces Integration with CDS Software’s Debt Collection Solution, CollectOne


TCN, Inc., a leading provider of cloud-based call center technology for enterprises, contact centers, BPOs, and collection agencies, today announced that TCN’s Platform 3.0, its cloud-based contact center suite, is now seamlessly integrated with CDS Software’s CollectOne, a single source debt collection solution. The integration enables CollectOne clients to streamline their processes and increase efficiencies by leveraging TCN’s advanced call center technology.

TCN’s cloud-based call center technology platform provides industry-leading features such as predictive dialer, Interactive Voice Recording (IVR), call recording, and business analytics. Its “always-on” cloud-based delivery model gives end-users the ability to quickly and easily scale and adjust to evolving business needs. Through the direct integration to TCN’s Platform 3.0, CollectOne clients can further improve connectivity and collection efficiencies without capital outlay or the addition of new staff.

“The direct integration with TCN’s cloud-based technology platform has provided our clients with increased usability across the entire CollectOne suite of tools,” said Mark Bergmann, chief operating officer of CDS Software. “We recognize TCN to be one of the best call center technology platforms in the market and ultimately selected TCN based on its all-encompassing suite of solutions and overall value add for our clients.”

The following features were added to CollectOne through the integration with TCN:

  • FTC, FCC, TCPA & FDCPA compliance tools
  • Web-based agent portal with skills-based routing
  • A streamlined, single interface
  • The most sophisticated dialer and IVR available, including predictive dialing, preview, manual, blended inbound, and attended messaging
  • Hosted Automatic Call Distributor (ACD) and Private Branch Exchange (PBX)
  • Real-time supervisor agent management and historical reporting
  • Complete campaign flexibility and control
  • Transparent billing and analytical reports
  • Free 24/7 support

“We are thrilled to have been selected as the primary inbound and outbound dialer solution for CDS Software’s CollectOne,” said Terrel Bird, chief executive officer of TCN. “We are constantly looking to expand our partnerships with other technology providers, and we are confident that this new integration will help better serve our clients within the collection industry.”

TCN and CDS Software will be hosting a complimentary webinar on Thursday, October 9 at 10 a.m. PDT to discuss benefits associated with the streamlined integration and how to effectively transform your organization’s productivity. For session details and free registration, visit https://www4.gotomeeting.com/register/946928919.

TCN is a leading provider of cloud-based call center technology for enterprises, contact centers, BPOs, and collection agencies worldwide. Founded in 1999, TCN combines a deep understanding of the needs of call center users with a highly affordable delivery model, ensuring immediate access to robust call center technology, such as predictive dialer, IVR, call recording, and business analytics required to optimize operations and adhere to TCPA regulations. Its “always-on” cloud-based delivery model provides customers with immediate access to the latest version of the TCN solution, as well as the ability to quickly and easily scale and adjust to evolving business needs. TCN serves various Fortune 500 companies and enterprises in multiple industries including newspaper, collection, education, healthcare, automotive, political, customer service, and marketing. For more information, visit http://www.tcnp3.com or follow on Twitter @tcn.

CDS Software has been an innovator in the accounts receivable management industry since 1970. Its flagship CollectOne is an award-winning, single source debt collection solution. CDS Software’s clients range from start-up collection agencies to Fortune 100 companies, collecting on a broad range of debt categories. To learn more about CDS Software and CollectOne visit: http://www.collectone.com.

TCN Announces Integration with CDS Software’s Debt Collection Solution, CollectOne
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Accounts Receivable Management

Another Court Refuses to Defer to FCC’s Express Consent Ruling in TCPA Case


A district judge in New York this week certified a class action TCPA case against a debt collection agency where the defendant argued it had express prior consent to call a cell phone because the plaintiff had provided that number to the creditor. The ruling referenced and ignored an FCC order that allowed for autodialed calls to cell phones with express consent.

In Zyburo v. NCSPlus, Inc., before the U.S. District Court in the Southern District of New York, the plaintiff alleged that the defendant had repeatedly called his cell phone using an automated dialing system in violation of the TCPA. When Zyburo moved to certify a class, NCSPlus strongly defended.

The defendant argued the case was improper for class certification because many of the proposed class members had allegedly provided the defendant — or at least the underlying creditor — with consent. The defendant based this argument on the 2008 ruling by the FCC in which the Commission held the “provision of a cell phone number to a creditor…reasonably evidences prior express consent to be contacted at that number regarding the debt.”

The plaintiff, meanwhile, urged the court to adopt the position of the Mais court, which explicitly rejected the FCC’s order.

The judge in the Zyburo case sided with the Mais court and likewise rejected the FCC’s order, writing “this Court agrees with the Mais Court that ‘[t]he FCC’s construction is inconsistent with the statute’s plain language because it impermissibly amends the TCPA to provide an exception for ‘prior express or implied consent.’”

The Mais decision and the use of the FCC’s 2008 order has proven highly controversial in TCPA cases, especially within the ARM industry. But collection defense attorney David Kaminski said that many courts are adhering to the FCC order.

“It should be noted that while the Courts in Mais and Zyburo have declined to give deference to the FCC ruling, the vast majority of district courts have taken the opposite position and given deference to the FCC ruling,” he said. “Furthermore, the Mais decision is currently being appealed before the 11th Circuit.”

Indeed, in late June insideARM covered a district court case that saw a judge speak directly to the controversy. Judge Michael Anello of the Southern District of California wrote in Hudson v. Sharp Healthcare, “Mais is viewed as an outlier decision and is not otherwise binding on this Court…In line with other courts in this district, this Court treats the FCC Orders as binding.”

 

 

Another Court Refuses to Defer to FCC’s Express Consent Ruling in TCPA Case
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Accounts Receivable Management