Archives for December 2014

Job Gains Soar in November as Unemployment Rate Stays at 5.8 percent


The U.S. added an unexpectedly large 321,000 jobs in November, the largest single-month gain in nearly three years according to the Labor Department’s Friday release. The unemployment rate remained at 5.8 percent due to slightly more people entering the workforce.

Analysts and economists had been expecting a reading of around 235,000 new jobs.

The gains were broad across nearly all sectors. Professional and business services added 86,000 jobs, retail was up 50,000, healthcare added 29,000 jobs, and manufacturing positions increased by 28,000.

With revisions to September and October’s numbers totaling a net gain of 44,000 across the two months, the September-November 2014 period marks the best three-month stretch of job gains since March-May 2010. But May 2010’s numbers were artificially inflated due to hiring for the 2010 Census. Taking that period of out the equation, the most recent three month stretch was the best since the first three months of 2006.

US-job-gains-Nov-2014

The labor force participation rate in November was 62.8 percent, flat from October and up very slightly from September’s 62.7 percent. Similarly, the employment-to-population ratio, 59.2 percent, was flat month-over-month, but up from 58.6 percent in November 2013. There were also about 72,000 fewer discouraged workers in November compared to October.

The U-6 alternative measure of unemployment – which counts discouraged workers, those in part-time jobs against their will, and “marginally attached” workers – was 11.4 percent in November, down slightly from 11.5 percent in the prior month and down from 13.1 percent in November 2013. The U-6 measure is considered by some to be the “real” unemployment rate.

Hourly wages increased 9 cents in November, but only 4 cents for non-managerial positions. Wages have increased only 2.1 percent over the past year, which economists say is a sign there is still significant slack in the labor market.

Job Gains Soar in November as Unemployment Rate Stays at 5.8 percent
http://www.insidearm.com/daily/collections-jobs-news/collection-jobs/job-gains-soar-in-november-as-unemployment-rate-stays-at-5-8-percent/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

CFPB Takes Action Against Debt-Settlement Firm


The Consumer Financial Protection Bureau (CFPB) announced Thursday that it has asked a federal district court to enter a consent order requiring Premier Consulting Group LLC to pay a fine of $69,075 for charging consumers illegal upfront fees for debt-settlement services they never received, and take other steps to prevent future legal violations.

“These companies took advantage of consumers in financial distress, charging tens of thousands of dollars for services they failed to deliver,” said CFPB Director Richard Cordray. “Charging upfront fees for debt-settlement services is against the law, and today’s action is another reminder that these illegal practices will not be tolerated.”

In May 2013, the CFPB filed a complaint in federal district court against two debt-settlement service providers, Premier and Mission Settlement Agency, as well as several related entities, including the Law Office of Michael Lupolover, which is also named in today’s settlement. Premier and the Lupolover Firm are New Jersey-based firms with customers in multiple states. The CFPB alleged that the companies routinely charged consumers upfront fees before settling consumers’ debts. The illegal fees and the companies’ failures to provide effective services often caused consumers to fall further into debt and harm their credit history in the process. These practices violate the Federal Trade Commission’s Telemarketing Sales Rule, which the CFPB has the authority to enforce.

The United States Attorney for the Southern District of New York brought criminal charges against Mission Settlement, its owner, and related entities. In November 2014 the owner of Mission Settlement was sentenced to nine years in prison after pleading guilty to conspiracy charges of mail and wire fraud. Earlier this year, the CFPB settled its civil case against Mission Settlement and its owner.

Under the terms of the settlement announced today, Premier will pay a civil penalty of $69,075. That sum represents the amount of advance fees the companies took from consumers who did not have any debt settled. Premier and the Lupolover Firm will also be prohibited from any future violations of the Telemarketing Sales Rule. Consumers who were harmed by these violations may be eligible for relief from the CFPB’s Civil Penalty Fund in the future.

A copy of the proposed consent order is available at: http://files.consumerfinance.gov/f/201412_cfpb-cfpb-v-premier-consulting-group-et-al-proposed-stipulated-final-judgment-and-order.pdf

CFPB Takes Action Against Debt-Settlement Firm
http://www.insidearm.com/daily/collection-laws-regulations/collection-laws-and-regulations/cfpb-takes-action-against-debt-settlement-firm/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

Executive Change: insideARM Hires ARM Veteran to Provide Expertise on Collection Compliance Operations


insideARM today announced the addition to its staff of Terri Haley as Director of Compliance, and the promotion of Mike Bevel, to Director of Education. These changes are part of an overall strategy to provide deep and specific educational content as well as peer networks to the ARM industry.

Terri Haley is a veteran Compliance Officer with 20+ years’ experience in the debt collection industry. She has established compliance management systems from scratch, navigated through one of the first CFPB audits, and managed key creditor relationships on behalf of her collection agency employers, including an eight-year stint as iQor’s VP of Compliance and Client Services and most recently as a Compliance Officer with Credit Bureau Collection Services.

Previously, Haley served in compliance and consumer advocacy roles for a number of collection agencies. She has a business administration degree from Georgetown University.

Stephanie Eidelman, CEO of insideARM commented “I am so excited to add Terri’s insight and expertise to our team. Her experience brings first-hand understanding of the level of information our clients need to feel confident that they are up to date.”

Mike Bevel has been an Editor with insideARM for four years, and has become the voice that many have heard as moderator of dozens of webinars. His willingness to ask questions that others won’t, his ability to curate an evolving cadre of respected industry experts, and his intelligent (…shall we say offbeat) sense of humor bring unique value to the insideARM portfolio of educational content.

Eidelman explained, “Mike and Terri will team together to ensure we provide leading quality information to compliance professionals, who often find themselves on an island within their firms. Look for a series of exciting new developments in the coming months!”

Executive Change: insideARM Hires ARM Veteran to Provide Expertise on Collection Compliance Operations
http://www.insidearm.com/daily/collection-laws-regulations/collection-laws-and-regulations/executive-change-insidearm-hires-arm-veteran-to-provide-expertise-on-collection-compliance-operations/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

Twitter Forced to Defend TCPA Lawsuit on Text Messages; Possible Ramifications for SMS Use in Collections


Using reasoning from a controversial Circuit Court decision involving a debt collection agency, a federal judge in California has denied Twitter, Inc.’s motion to dismiss a class action TCPA case that alleges it used an “automated telephone dialing system” to send text messages to cell numbers belonging to consumers that had not consented to receive them.

The social media platform had moved to dismiss the potential class action case against it, Nunes v. Twitter.

The plaintiff in the case alleged that she received unsolicited text messages of a promotional nature from the company, even though she had never opened a Twitter account. Nunes says that Twitter is continuing to send the promotional texts to “recycled numbers,” cell phone numbers that previously belonged to people who had provided consent but that had since been transferred to other consumers.

And because Twitter’s technology platform for sending the texts closely mirrors the mechanics of an automated telephone dialing system (ATDS), the texts violated the TCPA.

In considering Twitter’s motion to dismiss, Judge Vince Chhabria, sitting in the Northern District of California, quickly noted that a text message is considered to be a “call” under the TCPA. But determining whether Twitter’s system qualifies as an ATDS was a little trickier.

Relying on the FCC’s interpretation of the statute, Chhabria said that Twitter’s system “appears” to meet the definition of an ATDS.

“Although [the FCC’s] language is not crystal clear, it appears to encompass any equipment that stores telephone numbers in a database and dials them without human intervention,” wrote Chhabria. “This appears to be the way predictive dialers worked (the technology at issue in the FCC orders), and it is the way Nunes alleges that Twitter’s equipment works in this case.”

With that out of the way, the judge said that using the precedent set in the Seventh Circuit’s ruling in Soppet v. Enhanced Recovery Co. that Twitter’s arguments for dismissal fail.

The Soppet case, which dealt with prior express consent, has already had an impact in the debt collection industry. Other Circuit Courts have adopted the rationale in the case and it has been at least partially blamed for a rise in TCPA cases brought against ARM firms.

The Nunes case could have further consequences for the industry, however, depending on the final outcome. It directly addresses the way companies facilitate the sending of text messages. The debt industry will need to watch it closely.

Twitter Forced to Defend TCPA Lawsuit on Text Messages; Possible Ramifications for SMS Use in Collections
http://www.insidearm.com/daily/collection-laws-regulations/twitter-forced-to-defend-tcpa-lawsuit-on-text-messages-possible-ramifications-for-sms-use-in-collections/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

DBA International Recommendations Incorporated in New York’s Final Debt Collection Rules


DBA International recognizes and appreciates the time and effort that the New York State Department of Financial Services (DFS) spent thoughtfully analyzing and accommodating the concerns DBA International brought forth in our October 1, 2013 and August 15, 2014 correspondence as part of the rulemaking process leading to the department’s final rules on debt collection which were issued today.

DBA’s comments to DFS were predicated on input from our Members and the highly regarded uniform industry standards adopted in its national certification program.

“DBA International is confident that the association’s productive dialogue with DFS over the past 16 months has resulted in a stronger regulatory framework for the protection of New York consumers while accommodating the legitimate operational concerns of companies that must implement these rules,” indicated Bryan Faliero, DBA International Board President.

“DBA will monitor the implementation of the new regulations to identify any unintended consequences for consumers or industry participants and seek additional clarification when needed,” elaborated Jan Stieger, DBA Executive Director.

DBA International is the nonprofit trade association that represents the interests of public and private companies that purchase performing and nonperforming receivables on the secondary market. Founded in 1997 by a small group of companies to provide a forum to advance best practices within the industry, today DBA has grown to represent over 525 companies. DBA provides its members with networking, educational, and legislative advocacy opportunities through an annual conference, an executive summit, regional seminars, state and regional committees, newsletters, webinars, teleconferences, and other media. DBA maintains a code of ethics and a national certification program that promote uniform industry standards of best practice which member companies must comply with in order to maintain membership. DBA is headquartered in Sacramento, California.

DBA International Recommendations Incorporated in New York’s Final Debt Collection Rules
http://www.insidearm.com/daily/debt-buying-topics/debt-buying/dba-international-recommendations-incorporated-in-new-yorks-final-debt-collection-rules/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

Establishing an Effective Advisory Board Starts with Preparation


Mike Ginsberg

Mike Ginsberg

Year-end is a popular time for board meetings. Most leadership teams finished their strategic planning sessions in the fall, and their companies are wrapping up another year. Directors are meeting to evaluate current performance, set bonuses and review plans for growth, but they seldom influence the strategic direction of the business.

As the CEO, you’ve thought about establishing an outside advisory board to work with you and your leadership team to develop and execute a strategy. In today’s dynamic marketplace where change is the only constant, the question might be, “What are you waiting for?”

When constructed effectively, advisory boards can be an excellent way to tap into the talents of experienced and well-connected individuals on a variety of issues within a company. If done incorrectly, they can be time-consuming, distracting, unproductive and hard to unwind. The difference between success and failure comes from establishing the basic operating parameters up front, including:

Defining the key objective – Advisory boards can be general in scope or targeted to specific markets, industries or issues, such as adopting new technology or going global. They provide insight about trends and competitors, as well as legislative and regulatory developments. They can help a company enter a new market or look at current markets with an open mind. Advisory boards can be comprised of former customers and prospective new customers who provide insights into product development and marketing issues.

Hand-selecting participants Tap into your network to find problem solvers who are quick studies, have strong communication skills and are open-minded. Recruit professionals with experience running, operating, growing and exiting from a business like yours. Industry knowledge is a plus. Recruiting big names can also be a bonus… but not always. Getting a heavyweight can give your company credibility, but it’s also important to have members who are going to spend the time giving you thoughtful advice or are well-connected and willing to make introductions.

Members need to be honest and critical, so don’t be offended if you hear things you don’t like. Yes, people disguised as advisory board members are not helpful. If you realize you’ve made a bad choice, get rid of him or her. Unlike a board of directors, advisers can be replaced without a lot of legal headaches.

Establishing the rules of engagement Set ground rules for what is expected of each member with regards to time, responsibilities and duration of their term. Specify the areas in which you’re seeking help. If the advisory board is going to discuss issues that include private information, members should be notified they will be asked to sign a confidentiality agreement. Additionally, setting term limits might help remove unproductive board members. You should also determine compensation for the members. Depending upon whom you are recruiting and how involved you want them to be, compensation can vary from simply supplying food and covering travel expenses, to paying a small stipend and providing stock options. Members will likely benefit themselves in a variety of ways by being on your board. They will be exposed to ideas and perspectives, expand their own networks and have an opportunity to give back. These intangibles are very significant and should be factored in when establishing your board.

Determining the number of participants – The right number to start with is more than three and less than eight active participants, but the value of an advisory board is determined by the quality of its members and not by its size. Seek out participants with the necessary skills to meet the current challenges of the business. Over time, the venture’s critical business issues may change. Then the entrepreneur can add new advisers with the needed skills.

How can you get the most out of advisory board meetings? Schedule meetings well in advance and choose a location that is comfortable and free of distractions. Careful thought should be given to developing the agenda and managing the meeting. Distribute relevant information ahead of time so participants can prepare. Run the session as you would any professional meeting, and follow it with an action plan. The minutes should be written up and circulated to top management.

Establishing an advisory board is a choice, not a necessity. Advisory board members have no authority over your company whatsoever. They offer advice that you can choose to take, or not.  Preparation is the key differentiator between success and failure. When effective, an advisory board can make a CEO look very smart.

 

Establishing an Effective Advisory Board Starts with Preparation
http://www.insidearm.com/obs-in-focus/establishing-an-effective-advisory-board-starts-with-preparation/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

Canadian Collection Agency for Sale – Owner Retiring After 25 Years in the Business


Based in Southern Ontario, this nationally licensed collection agency has its head office in Ontario and a satellite office in Quebec. After 25 years of successful operation, the owner is retiring and is looking to sell the business.

The firm’s portfolio is comprised of 95% Retail Contingency Accounts. The Projected Fee Revenues for year ending 2014 are $600k. Audited Financial Statements are available for the last 10 years.

The company uses Debtmaster 9.1 Collection Software with Integrated Call Thru Auto Dialer and has 19 Licensed Users.

The current owner is willing to stay for a transitional period of up to one year

For further details contact: agencysale2015@outlook.com

Canadian Collection Agency for Sale – Owner Retiring After 25 Years in the Business
http://www.insidearm.com/daily/debt-collection-news/debt-collection/canadian-collection-agency-for-sale-owner-retiring-after-25-years-in-the-business/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

Follow Consumer Preferences to Maximize Collection Effectiveness


In today’s dynamic collections environment, traditional approaches are less and less effective. New techniques—like self-serve ways for customers to resolve delinquencies from their mobile phone—produce higher ROI for collections time, effort and expense.

A new free report from FICO explores five ways to increase collections effectiveness. The first step is to contact consumers in the way most likely to succeed.

Using what FICO calls an “omnichannel” communications strategy – one that uses every available channel to contact consumers – to determine the single most effective channel for each consumer is the starting point to increasing right party contacts and payments.

And their research backs up a move away from traditional communications methods. According to a survey conducted internally by one collection agency, 61 percent of their consumers said they preferred an automated contact (voice, email or SMS) over being called by a collections agent.

For the other steps, download the free report Taking Your Collections Performance to the Top.

Follow Consumer Preferences to Maximize Collection Effectiveness
http://www.insidearm.com/daily/collection-technologies/collection-technology/follow-consumer-preferences-to-maximize-collection-effectiveness/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

Phillips & Cohen Associates UK Awarded Government Standard


Phillips & Cohen Associates is delighted to announce that its UK office has become the first debt recovery business to be awarded the Customer Service Excellence ® Standard.  This is the official government standard for excellence in customer service sponsored by the UK Cabinet Office.

Nick Cherry, Managing Director, commented, “Given the specialist nature of our work, putting the customer at the heart of our business is critical.  Becoming the first debt recovery business to undergo an exhaustive assessment programme and receive the official government standard for Customer Service Excellence is therefore great recognition of our strong focus in this area.”

Adam Cohen, Joint CEO/Chairman added, “Our team has worked hard over many years to establish a reputation for outstanding service and for enhancing our clients’ brands through the unique work we undertake.  Being awarded this government standard demonstrates our commitment to delivering a customer experience commensurate with our position as the leading provider of probate recovery services.”

Christopher Redpath, Customer Service Excellence Business Development Executive commented on the award, “I would like to pass on congratulations to Phillips and Cohen Associates UK, from all of us here at Centre for Assessment. This such an immense achievement for the debt recovery business, not only have they gone through a rigorous assessment showing they put their customers at the forefront of what they do but they are also the first in their field to do so.”

“Newly certified organisations like this prove that Customer Service Excellence can be implanted and benefit any type of business. Phillips and Cohen should be extremely proud of what they have achieved; I wish them all the luck in the future with their Customer Service Excellence certification and journey.”

In recent years Phillips & Cohen Associates (UK), Ltd has been recognised with a number of industry awards for its uniquely compassionate approach to debt recovery and for its ground-breaking training partnership with Samaritans.  This recognition included winning ‘DCA of the Year 2014’ at the ICM British Credit Awards, the Treating Customers Fairly Award at the Credit Awards in May 2014, and also becoming the first DCA to achieve Investors in People Champion status in 2012.

Phillips & Cohen Associates, Ltd. pioneered the compassionate deceased care recovery market by helping companies successfully manage complex Estate debt situations and resolve them in a manner that preserves the dignity of affected individuals.  The company’s clients range from mid-sized firms to leading national and international creditor and banking institutions.  Phillips & Cohen Associates serves the consumer credit industry, banking and loan marketplace, as well as specialized industries including healthcare, utility, education, and telecom.  The company has four offices in the United States and international offices in the UK, Canada and Australia.

 

Phillips & Cohen Associates UK Awarded Government Standard

http://www.insidearm.com/daily/debt-collection-news/debt-collection/phillips-cohen-associates-uk-awarded-government-standard/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management