Archives for February 2015

FTC Names Two New Defendants in Debt Relief and Credit Repair Scam


Two new defendants have been named in a Federal Trade Commission case against a phony debt relief and credit repair scheme that allegedly deceived consumers about non-existent federal programs to pay off their bills and fix poor credit.

The case was originally brought in August 2014 against the unnamed operators of the scam, which operated under the names American Bill Pay and American Benefits Foundation. The court granted a temporary restraining order in the case shutting down the scam. Since that time, the FTC’s continuing investigation and discovery in the case led to two individuals, Sereika Savariau and Lawrence Goodison, who the FTC alleges in an amended complaint operated the scam from Jamaica.

The amended complaint was accepted by the court, and the case remains in litigation. The FTC is seeking to have the scam permanently shut down, and obtain refunds for consumers who paid for the scammers’ bogus debt and credit services.

FTC Names Two New Defendants in Debt Relief and Credit Repair Scam
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Accounts Receivable Management

An Employment Report that Might Actually Mean Something for the ARM Industry


The U.S. Labor Department early Friday said that non-farm payrolls in the country grew by 257,000 in January, slightly more than what analysts had expected. The headline unemployment rate actually increased to 5.7 percent from 5.6 percent in December. But that, combined with other data released, is a positive development in one of the best jobs reports in decades.

Analysts and economists had been expecting around 237,000 jobs to be added in January and for the unemployment rate to tick down to 5.5 percent. The jobs number itself was roughly on-point, but the unemployment rate moved the other direction as many more people entered (or re-entered) the workforce, an encouraging sign and a reversal from the recent trend.

The expectations for job growth were tempered by recent layoffs in the oil production industry, a reaction to the plummeting price of crude. And indeed, the oil and mining industry saw job losses in January.

But that was one of the few industries that contracted in the month. Job gains were broad across a variety of industries: retail added 46,000; construction jobs grew by 39,000; healthcare employment was up 38,000; professional and technical services grew 33,000; and manufacturing jobs were up 22,000.

The segment which saw the most job losses in January was government, which lost 10,000 in the month.

As solid as the report was for plain job growth, it was the previous months’ revisions that made it historic. The Labor Department revised November and December job growth up by a nearly unprecedented 147,000. With the revision to November’s numbers – 423,000 jobs added — it makes that month the single best month for job growth in nearly two decades, with the only exception being the 2010 Census hiring that drove an unnaturally reading in May 2010.

job-gains-BLS-Jan-2015The American workforce grew by 703,000 in January, reversing a years-long trend of decline. The labor participation rate ticked up to 62.9 percent after steady declines; this moved the headline unemployment rate up to 5.7 percent for the month, an unexpected increase.

This move signals that more people are confident enough in the job market to officially re-entered and resume their search for jobs.

But even that isn’t the key figure for the debt industry in this report. While more people having more jobs, and even more people seeking out jobs, is good for the prospects of debt repayment, workers still need to get paid to resolve their debts. For months, wage growth has been maddeningly slow, even contracting in December.

That all changed in January with the report showing a 12 cent – or 0.5 percent – increase in average hourly earnings to $24.75. The increase was enough to push wage growth over the past 12 months to 2.2 percent, above inflation. In contrast, for 2014, wage growth came in under two percent.

While monitoring month-to-month jobs reports can be frustrating and even unproductive for ARM professionals, this particular report is so broadly great that it might signal a turnaround for the labor market, and thus, an improved environment for debt collection effectiveness.

 

An Employment Report that Might Actually Mean Something for the ARM Industry
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Accounts Receivable Management

Mortgage Loan Modification Group Settles with FTC for $28 million


A group of Utah-based defendants claiming to be legal experts in loan modifications have settled Federal Trade Commission charges that they broke the law by conning consumers into paying hefty fees for worthless mortgage relief services. The five proposed orders settling the FTC’s charges ban the defendants, led by Philip J. Danielson and his company, Danielson Law Group, from offering mortgage assistance relief services and from participating in the debt relief industry.

“It’s troubling when anyone takes advantage of homeowners in financial distress,” said Jessica Rich, Director of the Bureau of Consumer Protection. “This scam is particularly offensive because it used an attorney’s legal credentials to create a facade of authenticity.”

The FTC filed its complaint in July 2014, as part of a multi-agency federal and state law enforcement sweep targeting operations that fraudulently pitched loan modifications to consumers. At the FTC’s request, a U.S. district court temporarily halted the operation, which promised legal help to consumers to avoid foreclosure or get relief from unaffordable mortgages but then did little or nothing to help. The court order froze the defendants’ corporate and personal assets pending litigation of the case.

According to the FTC, the defendants lured consumers into paying $500 to $3,900 by falsely promising that attorneys would negotiate loan modifications that would substantially reduce the consumers’ mortgage payments. The defendants touted a success rate that exceeded 90 percent purportedly based on their legal expertise and a pre-qualification process that identified clients that they knew they could help. The complaint also alleged that the defendants used the name Danielson Law Group and other attorney or law firm names to look like they had lawyers all over the country, even though many consumers never met or spoke to an attorney.

The FTC charged the defendants with violating the FTC Act and the Mortgage Assistance Relief Services (MARS) Rule, now known as Regulation O. The Rule bans mortgage foreclosure rescue and loan modification service providers from collecting fees until homeowners have a written offer from their lender or servicer that they deem acceptable.

Under the proposed settlements announced today, the defendants are banned from participating in the mortgage relief and debt relief industries, and are prohibited from misrepresenting various features of any product or service or making advertising claims that are unsupported by competent and reliable evidence.

The proposed settlements also impose a $28.6 million judgment against all the defendants, reflecting the total amount of fees taken in by the scheme. The proposed judgment will be suspended as to the individual defendants provided they surrender certain of their assets, including a $200,000 house in Utah as required by the settlement orders. If it is later determined that any defendant provided false financial information to the FTC, the full amount of the judgment against them will become due. The proposed settlement also requires relief defendant April Norton to turn over unearned ill-gotten gains that she received from the scheme. The full judgment remains in effect against the corporate defendants.

Today’s settlements also resolves a contempt action the FTC concurrently filed against two individuals named in this case – Philip J. Danielson and Tony D. Norton — and four companies they controlled, Philip Danielson, LLC; Foundation Business Solutions, LLC; Direct Results Solutions, LLC; and Strata G Solutions, LLC, for violating a 2010 court order in a phony work-at-home scheme that falsely claimed ties to Google Inc.

After a court shut down that scam and prohibited the defendants from making deceptive claims, Danielson and Norton turned their sights to preying on vulnerable homeowners in violation of that order, alleged the FTC. The settlement subjects the contempt defendants to a complete ban from telemarketing activities.

Mortgage Loan Modification Group Settles with FTC for $28 million
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Accounts Receivable Management

Debt Collector Wins Dismissal of FDCPA Suit Regarding Settlement Offers and Credit Reporting


A federal district judge in California late last month dismissed a lawsuit brought against an ARM firm alleging violations under a number of statutes for its promise to mark an account as “paid in full” on a consumer’s credit report even though the consumer was paying only an amount agreed to in a settlement offer.

The case, Kielty et al v. Midland Credit Management, Inc., sought class action status. It alleged that Midland violated the Credit Repair Organizations Act (CROA) by positioning itself as a credit repair organization, using language like “We can help you get back on track…” in collection letters. The plaintiffs contend that Midland offered a settlement for less than the full amount owed, while promising to mark the accounts as paid in full on their credit reports.

Since this behavior is not allowed under the Fair Credit Reporting Act (FCRA), the suit contends, the promises were also violations of the FDCPA and California’s Rosenthal Fair Debt Collection Practices Act (Rosenthal Act), as they were deceptive or misleading.

Between April 13, 2012 and January 22, 2014, Midland sent letters and brochures to the plaintiffs that contained language they claim represented that Midland could perform credit repair services for them. These statements included the following:

Your past due balance…with FIRST CREDIT BANK OF  DELAWARE is being reported to the credit reporting bureaus and  remains a negative item on your credit report…We can help you get back on track…Once you make a payment, interest will stop being applied to your account[,] [y]our credit report will be updated with the payments you make[,] [and] [t]he account will appear on your credit report as Paid in Full after you’ve completed your payments[.]

and

Special offers are now available to help you resolve your unpaid Cit Bank account…[w]e can help you get back on track… [W]e will not sue you for repayment of this obligation. This account may still be reported on your credit report as unpaid, and repaying the obligation may help toward improving your credit.

Because of that language, the plaintiffs contend that Midland violated the CROA because it did not include the appropriate disclosures under that law.

Midland moved to dismiss all of the claims on the grounds that it is not a credit repair organization and thus does not fall within the mandates of the CROA. Since it did not claim to do something it could not do, the company said that it also did not violate the FDCPA or Rosenthal Act.

Judge Cynthia Bashant, in the Southern District of California, wrote that the defendant did not, in fact, fall under the purview of the CROA becase, “Midland does not represent that its services can improve or assist in improving a consumer’s credit record, history, or rating. Midland, as a debt collector, is simply seeking the repayment of debts owed and in doing so encourages the repayment of debts owed to it and acknowledges the benefits of repayment. Seeking the repayment of a debt and utilizing ‘the potential of a lower credit score as motivation to encourage [a person] to pay the debt’ does not make a person a credit repair organization.”

Judge Bashant also noted that that there is no allegation in the complaint that Midland offered services or advice for any additional fee. She granted Midland’s motion to dismiss with leave to amend, should the plaintiffs so choose.

As for the FDCPA and Rosenthal Act claims, Bashant noted that those were predicated on Midland promising something it could not deliver, notably, marking an account as Paid in Full on a credit report when, in fact, a lesser amount was paid. This would make the statements misleading and a violation of both statutes, since the FCRA forbids furnishing inaccurate information to a consumer reporting agency.

Midland argued that it could report the debt as “Paid in Full,” regardless of whether the consumers paid a lesser amount by agreement. Bashant concurred, writing, “The Court agrees that neither the FDCPA nor the FCRA explicitly bar a debt collector from reporting a ‘settled’ debt as having been fully satisfied.”

Judge Bashant likewise dismissed the FDCPA and Rosenthal Act claims, with leave to amend. She noted that if Plaintiffs choose to file an amended complaint, they must do so no later than March 2, 2015.

 

Debt Collector Wins Dismissal of FDCPA Suit Regarding Settlement Offers and Credit Reporting
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Accounts Receivable Management

CFPB Orders Subprime Credit Card Company to Refund $2.7 million to Consumers


The Consumer Financial Protection Bureau (CFPB) Wednesday ordered Continental Finance Company LLC, a subprime credit card company based in Delaware, to refund an estimated $2.7 million to approximately 98,000 consumers who were charged illegal credit card fees. The agency found that the company’s “fee-harvester” subprime credit cards misrepresented certain fees and hit consumers with illegal charges. The order also requires the company to pay a civil penalty of $250,000.

“Continental Finance misled consumers and charged them illegal fees,” said CFPB Director Richard Cordray. “These excessive fees are especially harmful because the cards were targeted to consumers with subprime credit who are often economically vulnerable. We will act to protect people who are wronged in this market.”

The CFPB’s consent order

Continental Finance Company, LLC is a subprime credit card originator and servicer based in Newark, Delaware. The company designs and markets credit cards targeted at consumers with subprime credit. Continental credit cards often have very low credit limits and impose high upfront fees. Credit cards with these features are often referred to as fee-harvester credit cards. They are frequently targeted at subprime consumers who are economically vulnerable and lack other options to access credit because of their poor credit history. The company partners with banks or credit unions to issue its credit cards.

In 2009, Congress passed the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act, to increase protections for consumers against unfair credit card billing practices. This law included a fee-harvester provision to increase consumer protections for predatory cards with high upfront fees. The rules under the CARD Act ban credit card companies from charging consumers fees that exceed 25 percent of the credit limit during the first year after opening an account. That means for a card with a $300 credit limit, consumers generally can’t be required to pay more than $75 in fees the first year the account is open.

Continental offered the following credit cards: the Cerulean Card, the Matrix Card, and the Verve Card. Consumers that signed up for these Continental credit cards typically received a $300 credit limit and were charged an upfront fee of $75 which immediately met the 25 percent fee limit under the CARD Act. During the next twelve months, Continental then charged certain consumers fees that exceeded the fee cap.

The CFPB investigation found violations occurred in connection with Continental Cards issued between April 2012 and July 2013. Specifically, Continental Finance:

  • Misled consumers about credit card costs: Continental’s materials indicated that consumers would only be charged a monthly paper statement fee if they “elected” paper billing. In reality, Continental automatically required certain consumers to pay a monthly $4.95 fee unless they opted out through an online process.
  • Charged consumers illegal credit card fees: These paper statement fees also violated the ban on credit card companies from requiring fees over 25 percent of the consumer’s credit limit during the first year after opening an account. Specifically, Continental charged some consumers up to an additional $49.50 in “paper statement fees” for providing paper billing statements during that time. When added to the $75 maintenance and setup fee, the paper statement fees constituted as much as 42 percent of the consumer’s $300 credit limit during the first year after account opening.
  • Misrepresented account insurance: Continental stated in some consumer cardholder agreements that security deposits consumers provided for certain credit cards would be “FDIC insured” when, in reality, for a time period many funds were not FDIC insured.

Enforcement Action

The CFPB found that Continental Finance engaged in deceptive acts or practices by misrepresenting the paper statement fee and whether security deposits would be “FDIC insured.” The company also violated the Truth in Lending Act by requiring consumers to pay fees over 25 percent of the credit limit during the first year after account opening. To address these violations, the CFPB’s consent order requires Continental Finance to:

  • Provide full refunds to 98,000 consumers: Continental must repay approximately $2.7 million to the approximately 98,000 consumers who were charged illegal credit card fees for paper statements.
  • Conveniently repay consumers: Consumers will receive a credit to their account, a check in the mail, or both, depending on their circumstances. Consumers are not required to take any action to receive their refund.
  • Prohibited from engaging in illegal practices: Continental is prohibited from charging illegal fees that exceed 25 percent of a consumers’ credit limit in the first year of the account. Continental is also prohibited from making misrepresentations about the fees associated with their credit cards, as well as whether consumers’ funds are covered by FDIC or other deposit insurance.
  • Subjected to federal supervision for the first time: Continental will be subject to the CFPB’s supervisory authority for the first time, allowing the CFPB ongoing oversight of the company to ensure harmful practices do not reoccur. This supervision can include examinations of the company and monitoring by the CFPB for compliance with consumer financial protection laws.
  • Pay a $250,000 civil penalty fine: Continental will make a $250,000 penalty payment to CFPB’s Civil Penalty Fund.

The Bureau will continue to closely monitor credit cards and other consumer financial products for compliance with federal consumer financial law. This work includes scrutinizing arrangements between nonbanks and financial institutions for risk to consumers.

CFPB Orders Subprime Credit Card Company to Refund $2.7 million to Consumers
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Accounts Receivable Management

Ransomware Puts Your Business at Risk


Michael Wright

Michael Wright

There is a wave of collection agencies and law firms that recently became victims of ransomware, and the numbers are only growing. Consumers and companies of all types are vulnerable. Last night, NBC Nightly News even ran a segment on the issue.

The ARM industry needs to know what ransomware is and how to effectively protect vulnerable systems.

What is Ransomware?

Ransomware generally comes in two categories. Either it holds your data ransom by preventing your access to your files, documents, photos, and other personal information on your computer, or it holds your entire computer system ransom by preventing you from even using your computer. In either case, a ransom must be paid to the cybercriminal before you will be allowed to access your data or system.

Although ransomware has been around since 1989, it’s recently become a lucrative a cash cow for cybercriminals. Because its primary goal is to generate revenue for cybercriminals, ransomware often makes use of sophisticated (and very effective!) techniques to exploit vulnerable systems. Cryptowall 2.0 is the current Cadillac of the ransomware world. It makes use of a slew of techniques (known in the InfoSec industry as “attack vectors”) to take over computer systems – though most commonly via the following:

  • Malicious e-mail attachments
  • Malicious web sites (or legitimate web sites that have been hacked to secretly load malicious code onto unsuspecting visitors)
  • Malvertising (malicious advertisements on legitimate web sites)

Why should you care?

Ransomware like Cryptowall encrypts files on your computer and also encrypts files that you have access to. This may include files on your network drives, including your Quickbooks file, financial spreadsheets, and word documents. Once those files are encrypted, you have only two options:

  1. Pay the ransom (and hope that access to your files will actually be restored).
  2. Restore your files from the most recent backup (when is the last time you tested your backups for all of your important files?).

Regardless of which option you go with, you will have to deal with the aftermath of a data breach, if any files containing consumer data may have been accessed by the hackers – potentially including data breach notifications, costly computer forensics consultants, and fines from anyone from a credit card company (if payment card data was breached) to the U.S. Department of Health & Human Services (if medical data was breached).

My company has a firewall. We use anti-virus software. They protect my business against these miscreants. Right?!?

In many cases, no, it doesn’t. Most firewalls do not protect against malicious e-mail attachments or malicious web sites. Your computer may have anti-virus software installed, but as The Wall Street Journal reported in mid-2014, anti-virus software “is dead” and “now catches just 45% of cyberattacks.” Information security professionals have known for years how trivial it has become to evade anti-virus software in targeted attacks (one of the hallmarks of the “advanced persistent threats” that people love to talk about nowadays is the ability to escape detection for an extended period of time).

Ransomware is typically loaded onto a system via what is known as “client-side attacks.” In a nutshell, this just means that the hackers are able to break into your computer system by exploiting vulnerabilities on your personal computer during normal activities that your firewall is normally configured to permit, such as web browsing.

A common scenario is as follows:

While at the office on your workstation, you visit a popular web site (say, a Super Bowl-related web site). The website (or an advertisement on the web site) have been hacked with a tool that will attempt to exploit software on your workstation that has not been recently patched. This could be Adobe Acrobat Reader, Java, or even the Windows operating system. If successful, the malicious code now has access to your computer and data files. It can do anything from install a keylogger to gain access to your passwords, to encrypting all of the files that you have access to and forcing you to pay that ransom (or restore from backups… assuming the files on your computer are actually backed up).

In 2007, this actually happened to the web site of Dolphin Stadium (which hosted Super Bowl XLI)!

What can I do to protect against it?

There are a number of things that can be done to protect your business from these threats.

First, you can reduce the likelihood of these threats infecting your business. The philosophy that information security professionals recommend is known as “Defense-in-Depth.” None of these recommendations will completely stop malware in its tracks, but the combination of all of them is often enough to do the trick. At the bottom of the list is a checklist you can provide to your IT department to ensure that your business is protecting itself from the threat of ransomware and other malware (be warned: the checklist gets a little technical).

Turn on all of the extra capabilities on your anti-virus software.

Although its true usefulness is limited, an up-to-date and active anti-virus software is still a basic necessity. Most anti-virus suites contain additional features that provide increased protection (sometimes at the risk of quarantining potentially benign files and programs). These features are often “opt-in” and are disabled by default – but if enabled can potentially stop threats that have no known “signature.”

Tighten your firewall configurations.

It is likely that your firewall prevents unauthorized traffic inbound from the Internet. However, it is equally likely that your firewall is not preventing potentially unauthorized outbound traffic to the Internet. Ransomware typically depends on communicating with Command-and-Control servers to encrypt and potentially upload your data to their servers, and many business IT departments leave their firewalls in the default “allow all outbound traffic” configuration, so as to not potentially negatively impact any business processes. Firewalls that block all outbound traffic except for those protocols specifically required for business may prevent infected systems from phoning home.

Most modern firewalls include what is known as Intrusion Prevention Systems (IPS for short). Basically an anti-virus for firewalls, this software functions by inspecting network traffic for known threats. They are usually licensed for anywhere from one to three years – and must be renewed to update their signatures. Many organizations miss this simple step and open themselves up to ransomware and other malware that might otherwise be detected and blocked at the network’s perimeter.

Limit system administrative and data access.

Do you have the ability to install software on your own computer without having to use a separate user account or password? If so, then when you come across a piece of ransomware, it will also have that same level of access! A company that limits the access of its end users will experience far fewer successful malware infections, because the malware may not be able to install itself in a limited access environment.

On a related note, how many employees have access to your network shares? Do they have read-only, or write access? If any one of those employees are hit with ransomware, your entire network share may be encrypted and ransomed. It may be a headache for the IT department, but organizations with network shares properly locked down to individuals with a job-related need may experience a much more limited infection should ransomware gain a foothold on the network.

Patch those laptops and workstations.

Most businesses have a solid process to perform Windows Updates on its servers and workstations. But it is common to have no process in place to patch other software, such as Adobe Acrobat Reader, Flash Player, and Java – all favorite targets by cybercriminals. Laptops used by sales people and executive management are traditionally notoriously difficult for IT departments to effectively patch and otherwise manage, but these systems often have either client or consumer data on them, or access critical business files (both prime targets for ransomware).

Test your backups.

If ransomware gets past all of your defenses and encrypts your data, the best option is often to clean up the infection and then restore your data from backups. Most businesses back up their servers and network shares on a regular basis, but many do not back up end user workstations and laptops. Annual testing your disaster recovery plans using realistic scenarios (such as a Cryptowall 2.0 infection) goes a long way to being prepared for responding to an infection.

Top 10 Checklist for Protection from Ransomware:

☐ Anti-virus software is deployed to all workstations and servers

☐ Anti-virus software is configured for real-time protection

☐ The “bells and whistles” are all enabled (e.g., HIPS, application control, heuristics, e-mail scanning, reputation-based protection, etc.)

☐ Someone is responsible for reviewing anti-virus alerts and responding to them

☐ The firewall is configured to block all outbound ports & protocols, except for those specifically required for business

☐ The IPS signatures are up-to-date and there is an active maintenance agreement in place to maintain signature updates

☐ End users do not have administrative access to their workstations or laptops

☐ Network shares are locked down to role-based access and individuals with a job-related need

☐ There is a process in place to ensure (and verify) that all software and operating systems are patched, including mobile code such as Flash, Java, and Adobe Acrobat Reader

☐ Backups of critical business files are tested on a regular basis

As Chief Security Officer, Michael Wright manages TECH LOCK’s Security & Compliance practice with a decade of experience in information security management, systems engineering and architecture, storage engineering, network administration, and security engineering and architecture. At TECH LOCK, Michael leads a team of talented staff specializing in penetration testing, vulnerability assessments, assessing organizations against compliance standards such as PCI DSS, FISMA, HIPAA, HITRUST, ISO 27000-series, and more.

This information is not intended to be legal advice or security consulting services and may not be used as legal advice or data security consulting. Legal advice and Data Security Consulting must be tailored to the specific circumstances of each case or company.

Every effort has been made to assure this information is up-to-date. It is not intended to be a full and exhaustive explanation of the law in any area or a full exhaustive preventive checklist.

Any opinions expressed are the opinions of the speaker and not their organization.

 

 

Ransomware Puts Your Business at Risk
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Accounts Receivable Management

NCB Secures New Credit Facility for Portfolio Acquisitions and Establishes ESOP


NCB Management Services, Inc., a privately held national debt buyer and collection agency, has secured a new senior credit facility from a four-bank syndicate led by Santander Bank, N.A. The facility, with a pre-approved accordion feature, provides a total borrowing capacity of nearly $100M.

A portion of the proceeds from the facility helped fund the establishment of NCB’s Employee Stock Ownership Plan (ESOP). The ESOP acquired a minority interest in the Company for the benefit of its employees. Although control of the company remains with the founding shareholders, the future value of the company will now be shared with all participating employees.

Marcelo A. Aita, President & CEO of NCB Management Services, Inc., commented on the recent transaction, saying: “This is a very significant development in NCB’s long and proud history. Not only does the new credit facility continue to give us low-cost bank financing, but it allowed us to establish a retirement plan for our employees that is truly second to none.” When asked to elaborate on why he felt the plan was second to none, Mr. Aita explained: “Many companies say their employees are highly valued, but we put those words into action by sharing the benefits of ownership with them. Not only did we focus on making participation eligibility easy to achieve, but we also gave our employees credit for past years of service.”

The effects of an ESOP on productivity, compliance, employee retention, and profitability can be very significant. Following three consecutive years of record results, NCB believes that their new structure will facilitate a continuation of that trend for the foreseeable future. The team of professionals that helped make the recent transaction possible included CSG Partners, Argent Trust Company, Stout Risius Ross, Inc., Pepper Hamilton LLP, Ballard Spahr LLP, and Moore & Van Allen PLLC.

NCB has invested more than $100M in portfolio acquisitions and acquired close to $2B in unsecured consumer receivables both direct from creditors as well as other debt buyers. “We made the decision a few years back that NCB was going to continue investing in response to the demanding regulatory environment,” Ralph Liberio, Chief Operating Officer said, “We believe that critical mass is needed to make the necessary investments in both collections and compliance to be successful in this market. We have completed transactions that allow other debt buyers to accelerate their return of capital, deleverage their balance sheet, and redeploy their proceeds.”

NCB continues to look at both non-performing and semi-performing portfolios of unsecured consumer debt such as credit cards, personal loans, and auto deficiencies. For portfolios that include payers they pay a good premium on multiple of monthly cashflow and in some cases enter into a transitional service agreement to allow the seller to continue servicing the accounts for a period of time. They have more than 20 years of experience buying and servicing these types of debt and want to continue leveraging their new financial and operational capacity. If you have a portfolio that you may consider selling, reach out to one of the executives at NCB and start an exploratory conversation today.

NCB Secures New Credit Facility for Portfolio Acquisitions and Establishes ESOP
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Accounts Receivable Management

Credit Control, LLC Becomes DBA International Certified Third Party Collection Agency


Credit Control, LLC today announced that it has earned the designation of Certified Professional Receivables Company (CPRC) after completing the requirements of DBA International’s highly-regarded certification program.

DBA President Bryan Faliero congratulated Credit Control, stating that “By becoming Certified, Credit Control has demonstrated that it is committed to operating pursuant to the highest ethical standards, and will abide by the comprehensive national standards of industry best practices which stress responsible consumer protection, increased transparency and improved education and operational standards for the industry.”

DBA’s Certification Program consists of the company-based designation and an individual based designation for those who meet prescribed continuing education and background criteria. Individual certifications are required for each certified company’s chief compliance officer and voluntary for other industry professionals.

DBA expanded the company certification program beyond debt buyers to include collection law firms and third party collection agencies as a way to strengthen compliance integration between debt buying companies and their vendors, assuring the consumer that the same rigorous standards are being upheld. Company certifications are granted to companies who comply with uniform standards based on industry best practices. These standards address account documentation, chain of title, consumer complaint and dispute resolution, statute of limitation compliance, vendor management, credit bureau reporting, resale, and other relevant operational procedures.

Compliance with the standards are monitored through independent third party audits as well as through a structured self-compliance audit process. Allegations of non-conformity may be investigated, and penalties for failing to conform to standards could result in disciplinary action.

Rick Saffer, CEO of Credit Control, stated “This certification continues Credit Control’s strategy to become the preferred supplier in the industry by employing the highest levels of compliance, delivering strong performance, and utilizing innovative technology.”

For more information about DBA’s Debt Buyer Certification Program, or to download an application, please visit DBA’s website www.dbainternation.org/certification/certification.asp

About Credit Control, LLC
Credit Control, LLC is a certified Minority Business Enterprise that provides custom, performance-driven receivables management services to various organizations nationwide. Since 1989 Credit Control has been partnering with clients to maximize financial results and to foster mutually beneficial partnerships. Credit Control’s core values and business focus has remained on the commitment to customer service, state of the art technology, and exceptional recovery results. Credit Control has an ISO27001 certification and is headquartered in St. Louis, Missouri. For more information about Credit Control, please visit www.credit-control.com.

About DBA International
DBA International (DBA) is the nonprofit trade association that represents 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 550 companies. DBA provides its members with networking, education, 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 which debt buying member companies must comply with in order to maintain membership that promotes uniform industry standards based on best practices. DBA is headquartered in Sacramento, California.

Credit Control, LLC Becomes DBA International Certified Third Party Collection Agency
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Accounts Receivable Management

ABC-Amega SVP Appointed to International Association of Commercial Collectors’ Board of Directors


ABC-Amega, a global commercial receivable management firm, is proud to announce that Robert (Bob) Tharnish, Senior Vice President of Quality Assurance & Attorney Network Services has been appointed to the International Association of Commercial Collectors’ (IACC) Board of Directors at their 44th Annual Convention in Miami in January, 2015.

“The IACC is a vibrant, growing organization and I look forward to serving on its Board of Directors,” said Tharnish. “It will give me the opportunity to help guide the organization as it continues to position itself as the premier international debt collection agency trade organization,” he added.

Bob is responsible for quality assurance and attorney management processes, monitoring the performance of our worldwide affiliate attorney network while supporting ABC-Amega’s growing international collection initiatives by managing an international commercial collection desk. Bob began his career at ABC-Amega in 1978 and has held various positions within the organization.  He has given numerous industry-related presentations, including a series of lectures on “Credit and Collections in the U.S.” for the British Department of Trade & Industry.

Bob Tharnish

Bob Tharnish

The IACC is an international trade association comprised of more than 300 commercial collection agencies, attorneys, law lists and vendors. With members throughout the U.S. and in 25 international countries, IACC is the largest organization of commercial collection specialists in the world.

ABC-Amega, recently named one of the Best Places to Work in Collections, has been providing domestic and international commercial receivables management for over 85 years. The company’s mission is to provide commercial credit and financial professionals with outstanding and flexible solutions for improving credit, cash flow, and customer retention throughout the world.

ABC-Amega Inc. provides a wide range of services including global, third-party commercial debt collection, first-party accounts receivables outsourcing (SoftCall®), credit industry group management, and industry education resources. For additional information, please contact info@abc-amega.com or visit www.abc-amega.com.

ABC-Amega SVP Appointed to International Association of Commercial Collectors’ Board of Directors
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Accounts Receivable Management