Archives for March 2015

Is Your Business Saleable?


Mike Ginsberg

Mike Ginsberg

Business owners spend years – in some cases, generations – operating their businesses as successfully as possible. However, many fail to properly plan when it comes time to sell. Instead of making certain their companies are well-positioned to receive the best price, they respond prematurely to a potential buyer’s direct solicitation. Planning for a sale can mean the difference between selling for top dollar and not completing a transaction at all.

Answering the following five questions will help you determine if your business is saleable.

Is my business over dependent on me, the owner-operator?  Buyers are primarily interested in acquiring a business whose success is not dependent on the owner’s day-to-day involvement and relationships. A saleable business almost always has a leadership team that can run the business and make decisions without the owner. If you have sleepless nights when you’re on vacation because you are concerned that your business may not operate efficiently, you may not have a saleable business.

Is my business suffering from client concentration?  Reliance on one major client is a common occurrence.  How can you gauge if your business suffers from client dependence risk?  The real question to ask is whether the loss of one client will be detrimental to your business.  Start raising a cautionary yellow flag if you have one client growing rapidly as a percentage of your company’s revenues.  If your largest client(s) represent less than 10% of revenues (or profits), you’re in good shape. Between 10-20%, you’re starting to have a customer concentration issue. If a single customer comprises 20 to 25% of your business or more, you definitely have a customer concentration issue that might make the business unsaleable to particular buyers.

Do I have realistic price expectations?  To be considered a saleable business, an owner must have realistic expectations as to the value of his/her business.  Too many owners try to sell their company with unrealistic price expectations and no understanding of how a deal might be structured.  It’s imperative to know the realistic value of your business and set expectations accordingly before attempting to sell.

Will the buyer detect window dressing? Putting a fresh coat of paint on a house before it goes up for sale is a good idea; however, a lot more preparation is required when it comes to selling a business for maximum price.  Experienced owners can reduce expenses to increase profits, but doing so may have negative repercussions on a business long term.  Properly preparing for sale takes time and should not be rushed.

Do my financial statements engender confidence or doubt?  If your business has a consistent habit of strong record keeping and produces meaningful financial statements, it’s a huge contributor to a successful sale. Buyers seek businesses that engender confidence. Inadequate financial records create uncertainty and doubt. Once skepticism and distrust arise in a buyer’s mind, a successful sale transaction is highly unlikely.

Be sure your business is saleable by identifying and addressing value detractors in advance of interacting with a prospective buyer.  Failing to plan for a sale is a plan for failure.

Is Your Business Saleable?
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Accounts Receivable Management

Unifund Group Announces Acquisition of First Resolution Investment Corporation


Unifund Group (Unifund) announced today it has furthered its long term growth plan with the acquisition of First Resolution Investment Corporation (FRIC).  The purchase includes all assets of FRIC, including approximately 72,000 accounts and a face value of $1B.

Founded in May 1997, FRIC has been a leader in the accounts receivable management industry for nearly two decades.  Under the leadership of President and CEO C. Tim Rodenbush, FRIC purchased over 90 portfolios.  Mr. Rodenbush has been an active and respected member of the Vancouver, B.C. business community since 1967 and has headed a number of ventures in both the Canadian and US markets focusing on debt recovery and consumer location services.

Through partnerships with strategic allies, FRIC utilized their software and systems to effectively offer pre-legal collections, administrative support services and legal services.  FRIC has maintained a long term partnership with AACA who has supported their legal collection services.

“Utilizing our affiliate, Recovery Decision Science Paymetrix AI technology, Unifund was able to analyze and find value in FRIC’s portfolio that allowed us to be the winning bidder and strategic partner on this acquisition,” said Unifund Chief Operating Officer Jason Kaster. “This acquisition is complimentary to Unifund’s legal servicing business and positions us well for 2015 and beyond.”

Unifund Group is one of the country’s leading predictive analytics companies in the distressed consumer receivables industry.  Unifund purchases and manages receivables for themselves, public and private investors. Unifund, through Recovery Decision Science, offers others an opportunity to unlock the value of their dormant judgment and receivables portfolios through their unique predictive and guaranteed asset location information.

Unifund Group Announces Acquisition of First Resolution Investment Corporation
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Accounts Receivable Management

International Association of Commercial Collectors Names New Executive Director


The International Association of Commercial Collectors, Inc. (IACC) is pleased to announce Jessica Hartmann as its new executive director, effective immediately.

“Jessica possesses extensive collection industry knowledge, and comprehensive experience working with associations. As the IACC emerges into the premier agency association in the industry, I am confident that Jessica will provide the executive direction and support we need to continue on this successful path,” said IACC President, Tom Brenan, president at Altus, Global Trade Solutions, Kenner, La.”

Hartmann has over 16 years of association and collection experience including managing communications, membership, events, and education and credentialing.

“I am happy to join IACC at this exciting time,” said Hartmann. “IACC is experiencing record event participation and there is incredible energy and focus on growth. I look forward to working with the Board of Directors to capitalize on this momentum.”

For more information about IACC, visit www.commercialcollector.com or contact IACC Coordinator Sara Bobrowski at Bobrowski@commercialcollector.com.

About IACC

Made up of commercial collection agency, associate, law list and affiliate members, The International Association of Commercial Collectors Inc. (IACC) is the world’s largest international trade association for commercial debt collection professionals. Headquartered in Minneapolis, IACC serves members throughout the United States and in 25 other countries worldwide. Members of IACC recover millions of dollars annually for their clients and provide valuable assistance to credit departments in controlling mounting debts. To learn more, visit the IACC website at http://www.commercialcollector.com.

International Association of Commercial Collectors Names New Executive Director
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Accounts Receivable Management

ED Student Loan Debt Collection Contract Mess Moves to the Courts


As expected, the fallout from the Department of Education’s decision to end its relationship with five student loan debt collection agencies has moved into the federal court and government adjudication system. Four of the five contractors have filed either formal protests or lawsuits in the U.S. Court of Federal Claims.

Education publication Inside Higher Ed first reported the development.

On Wednesday, a judge in the Court of Federal Claims – the court that hears monetary claims against the U.S. government – consolidated three suits filed against ED by companies that lost the debt collection contract: Coast Professional, Enterprise Recovery Systems, and National Recoveries.

The consolidated action asks the court for a preliminary injunction that would prevent ED from distributing accounts to the other collection agencies that did not have their contracts terminated pending the outcome of a formal protest.

The suits were filed under seal, but Inside Higher Ed did obtain a redacted copy of Coast’s action. The judge in the case set a date of April 8 to hear oral arguments in Washington, DC on the matter.

Taking a different tack, Pioneer Credit Recovery filed a formal protest with the Government Accountability Office (GAO) against ED’s decision, its parent company Navient revealed in an SEC filing this week. The due date for GAO adjudication on the issue is June 17.

Navient also revealed that the five collection agencies named by ED in its announcement will begin the formal contract wind-down process as early as next week. On Tuesday, Navient said that ED “instructed Pioneer to prepare accounts that are not enrolled in payment programs or that are not actively working towards resolution for transfer back to the Department. Transfers of these accounts will occur on March 19, 2015 or April 17, 2015, depending on account activity. Accounts in active repayment will not be part of this recall process.”

The fifth collection agency set aside by ED, West Asset Management, does not appear in any docket within GAO or the Court of Federal Claims as of Friday. But WAM’s situation is somewhat complicated. BPO giant Alorica completed a transaction just last week for much of West Corp.’s agent business, including the ARM unit WAM. Alorica, likewise, does not yet appear in GAO protest or court searches.

Protests are nothing new for ED’s student loan debt collection contract. The GAO currently has at least two other protests currently open under the contract, not including Pioneer’s, and eight other protests have been resolved in the past year alone.

Those protests, along with other issues, have led to the significant delay in the awarding of new student loan collection contracts in ED’s unrestricted category. ED announced contract awards to small business collection vendors in October of last year.

Interestingly, two of the companies awarded small business contracts in October were among the five dismissed by ED recently. An anonymous ED official told Inside Higher Ed that “the agency had not yet decided what action it would take regarding the companies’ 2014 contracts.”

ED Student Loan Debt Collection Contract Mess Moves to the Courts
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Accounts Receivable Management

TekCollect Conducts Corporate Shelter Drive, Makes Sizeable Donation to Open Shelter of Columbus


Accounts receivable management company TekCollect has partnered with the Open Shelter of Columbus to hold a drive within corporate headquarters for a large donation in February.

The shelter drive kicked off in the middle of last month and was held for just under two weeks. Within that time, TekCollect employees donated over 215 one-gallon bags full of clothing, as well as several boxes full of new hygiene products and canned goods.

The drive was incited by employee interest and corporate desire to provide staff opportunities for regional philanthropy. “With the harsh winter we’ve had, it’s one way we can help our neighbors in the community while getting the whole team involved.” said Ron Douglas, Vice President at TekCollect. “Staff from every department showed initiative, compassion and desire to contribute, many going out and shopping specifically for donations to the shelter.”

The Open Shelter serves Central Ohio by providing emergency shelter and assistance to the homeless and marginally housed in the Columbus area and beyond. Services include providing a legal mailing address, food pantry, clothing room, business center, bag lunches and financial management services. “Serving homeless people is kind of like a jigsaw puzzle. No one has all the answers, but everyone brings their own piece to the table and that’s how you get the whole picture. Thank You!” said Kent Beittel, CEO of Open Shelter. To learn more, visit TheOpenShelter.org.

TekCollect provides comprehensive accounts receivable management, collections and customer retention solutions to nearly 20,000 businesses nationwide. The Company partners with business owners to optimize their internal accounting practices, limit and control delinquencies, and improve positive cash flow for the long-term. TekCollect’s technologically advanced approach generates the highest recovery ratios in the marketplace, and their non-alienating strategies preserve business’s valued customer relationships. For more information, visit www.tekcollect.com.

 

TekCollect Conducts Corporate Shelter Drive, Makes Sizeable Donation to Open Shelter of Columbus
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Accounts Receivable Management

CFPB’s Winter Supervisory Report Reveals New Issues in Debt Collector Examinations


The Consumer Financial Protection Bureau (CFPB) Wednesday released its Supervisory Highlights Report for Winter 2015. The report details findings from supervisory examinations conducted by the Bureau. Along with usual findings of FDCPA and UDAAP violations, the report reveals some other issues in debt collection examinations that have not been highlighted previously.

In its press release on the Supervisory Highlights Report, which covers examinations in the second half of 2014 in all the industries the Bureau supervises, the CFPB singled out “deceptive student loan debt collection practices” in its first paragraph, certainly a current hot topic with the regulator.

In one or more examinations of debt collectors performing collection services of defaulted student loans for the Department of Education, CFPB examiners identified collections calls, scripts and letters containing various misrepresentations to consumers. Examiners found that collection agents overstated the benefits of federal student loan rehabilitation. Specifically, these agents overstated the rehabilitation program’s impact on consumers’ credit report and credit score and the extent to which collection fees would be waived upon completion of the program.

In addition, examiners identified instances in which collection agents misrepresented to consumers that they could not participate in a federal student loan rehabilitation program unless consumers made payments by credit card, debit card, or Automatic Clearing House (ACH) payment, when in fact no such program requirement existed.

Some of those representations constituted deceptive practices and violations of the FCRA and Regulation V, which also covers practices related to credit reporting.

The focus on collectors discussing ED’s rehabilitation program is interesting timing, given the recent news that ED has cancelled contracts with five collection agencies specifically over their practices regarding rehabilitations. The CFPB report does cover the period from July 2014 to December 2014, so those findings were made before ED announced the contract cancellations.

More broadly within the ARM industry, Bureau examiners also found that collectors threatened to take action against certain consumers, which created the impression that if they did not make a payment they would be sued. In fact, none of the collection agents knew whether legal action would be taken and did not intend to take legal action. This is a potential FDCPA violation.

A more novel finding of a potential deceptive practice involved representations involving recurring ACH payments.

In one or more examinations, the CFPB noted that when attempting to collect on delinquent accounts, collectors offered consumers a recurring ACH payment option. When informing consumers about this payment option, collectors promoted the consumers’ ability to adjust or cancel a recurring ACH payment with only 24 hours’ notice. This representation, however, contradicted both an express representation in monthly periodic statements provided to consumers and internal policies and procedures, which stated that a minimum of 72 hours’ notice was required. The contradiction in oral and written disclosures of the timeframe required to cancel or adjust a recurring ACH created a risk of deception, the CFPB said.

For reference, read the Supervisory Highlights Report from Fall 2014.

 

 

CFPB’s Winter Supervisory Report Reveals New Issues in Debt Collector Examinations
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Accounts Receivable Management

What Does Everyone Think of the Student Loan Collection Sector Now?


Late last year, we asked our readers their opinion on the viability of the student loan debt collection sector in light of certain developments.

Of particular interest at the time was the news that the U.S. Treasury Department is readying a pilot program to take over the collection of some defaulted student loan accounts from the Department of Education, essentially removing the work from contracted private debt collection agencies. And, of course, there were recent developments in regulation, with the CFPB taking a very hard look at student loan debt collections.

On the other side of the equation, ED had just announced contract awards for small business vendors on its student loan debt collection contract. So there was some good news.

When we asked readers fairly bluntly, “How Safe is the Student Loan Collection Sector?” and supplied answers conveying different levels of concern, we got a wide range of opinions: student-loan-poll-results-Nov-2014

  • Still very safe; the volume is not going away – 29.3%
  • Somewhat safe; there’s plenty to share – 14.5%
  • We’ll have to wait and see – 13.6%
  • I’m a little worried about private collectors losing accounts – 21.3%
  • This is a definite problem and I would not invest in student loan infrastructure – 19.5%
  • Other – 1.8%

The “Other” responses mostly focused on ED’s impending contract awards to unrestricted (or larger) ARM companies, something that has yet to happen.

But there have been a lot of developments in the student loan space since we ran this poll. There were official signs that ED’s contract award for larger collection agencies would be delayed even further into this year. There was a ton of scrutiny on the proposed acquisition of dozens of for-profit college campuses by the parent company of an ED collection contractor.

Of course, there was the news that ED is abruptly ending its contract with five debt collectors, and the subsequent fallout from that decision.

In a move that might have the broadest impact on the future of the student loan debt collection space, President Obama this week announced a Student Aid Bill of Rights and directed several agencies to help Americans repay their student loan debt. In the media coverage surrounding that announcement, the Treasury Department once again reiterated that it was launching a pilot to bring some student loan collections into its office.

So with all that, what does the industry think of this market sector going forward? We’re asking the exact same question we asked last year; it will be interesting to see how the results might vary.

Take the poll below:




Take Our Poll

What Does Everyone Think of the Student Loan Collection Sector Now?
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Accounts Receivable Management

Executive Change: Maureen Peterson Named President of CEANNATE Corp


CEANNATE Corp today announced that effective March 11, 2015, Maureen Peterson will assume the role of President of CEANNATE Corp and its subsidiaries, Financial Management Systems (FMS), i3 Group, Iontuition, (formerly Loanlook), and AuthenticAID. Balaji “Raj” Rajan will continue as CEO.

“CEANNATE is in a strong position and poised to expand its footprint as new opportunities present themselves,” said Rajan. “Maureen has played a significant role in putting us in this position.”

Bruce MacFarlane, Chairman of the Company, concurred noting that since joining CEANNATE in 2008 as Executive Vice President and COO, Peterson has led the senior executive team through considerable growth and change. Under her leadership the company has experienced enhanced performance in its core businesses and the employee base has expanded from under 200 employees to more than 1,000. FMS is now a top ranked contractor for Federal Student Aid.

“Maureen had a significant hand in the creation of both i3 Group, which spans more than 300 campuses, and Iontuition, which together help millions of current and former college students who are saddled with increasing levels of tuition debt to understand their financial options, make wise decisions, and manage their obligations,” said MacFarlane. “Her experience and reputation as a doer and outside-the-box thinker have been invaluable as CEANNATE has expanded beyond providing receivables management services to the government to also provide innovative financial literacy and web-based services for schools, students, alumni, and their families.”

“I am grateful for the opportunity to lead this organization and the people who make it great,” said Peterson. “It is a pleasure to work with a dedicated leadership team and with the many hard-working individuals across the entire enterprise who are committed to providing best-in-class solutions for student borrowers and our clients.”
Prior to joining CEANNATE, Peterson served as the president of a receivables management firm where her contributions led the company to achieve top rankings across all of its competitive contracts.

CEANNATE Corp is a leading business process outsourcing (BPO) company, providing expertise and solutions across the higher education community including colleges and universities, students and alumni, lenders and servicers, and the U.S. Department of Education. The CEANNATE companies include Financial Management Systems (FMS), i3 Group, LLC, Iontuition, Inc. (formerly Loanlook, Inc.), and AuthenticAID Inc. The company is headquartered in Rolling Meadows, Illinois. Learn more at www.CEANNATE.com.

Executive Change: Maureen Peterson Named President of CEANNATE Corp
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Accounts Receivable Management

Consumer Advocate Wants to End Debt Sales with Warranty Disclaimers


Going further than any previous public recommendation, a consumer attorney in a recent blog post urged the CFPB to ban creditors from selling debts that are not accompanied by “affirmative representations and warranties of completeness, accuracy, reliability and enforceability.”

Peter Holland, consumer attorney and adjunct professor at the University of Maryland Carey School of Law, said in his Sunday blog post, “Banks should not be allowed to sell their worst, most unreliable accounts as junk debt for junk prices to junk purchasers who will then file junk lawsuits.”

Holland was responding to media reports and studies that focus on the disclaimers provided in most debt sales and forward flow agreements from original creditors to debt buyers. The disclaimers typically say that the seller cannot make “any representations, warranties, promises, covenants, agreements, or guaranties of any kind or character whatsoever” to the accuracy of the records it is selling.

“We need to move from a business model where it is perfectly acceptable to sell false, incomplete and unreliable accounts, to a model where the only accounts which may legally be sold are those accounts which are true, complete and accurate,” wrote Holland.

He wants the CFPB to specifically ban account sales where the creditor cannot make binding warranties as to the completeness and accuracy of the documentation provided with the accounts.

Holland noted that his recommendation goes further than other recent suggestions for the debt sales and buying industry.

The National Consumer Law Center (NCLC) in late January called for the CFPB to ban any collection effort on time-barred accounts. That prohibition would include the sale of time-barred accounts in the primary and secondary markets.

Another recent recommendation made by Dalie Jimenez in a paper titled “Dirty Debts Sold Dirt Cheap,” called for collect efforts made on accounts bought under agreements that carry these types of disclaimers to be declared a UDAAP violation by the CFPB.

Calling both of those suggestions “good starts,” Holland wants to go further and explicitly ban the sales outright. Beyond even that, he said that “Forward Flow Agreements should be made publicly available on a website, so that consumers, consumer attorneys and judges can decide for themselves just how reliable accurate and reliable are the claims of the debt buyers.”

Consumer Advocate Wants to End Debt Sales with Warranty Disclaimers
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Accounts Receivable Management

U.S. Adds Jobs in February, Unemployment Rate Falls to 5.5%, But Overall Report is Not Great


After a blockbuster employment report to begin 2015, the Labor Department reported early Friday that the labor market corrected itself a bit in February. While job growth was robust last month, 295,000 added, and the unemployment rate dropped to 5.5 percent, wage growth was very slow and the labor participation rate fell slightly.

The 295,000 jobs added in February was a strong reading, well above the average of 272,000 new jobs added over the past 12 months. And it was an increase over the 257,000 jobs reported as added in January.

Job gains occurred in food services and drinking places, professional and business services, construction, health care, manufacturing, and in transportation and warehousing. Employment in mining and in the petroleum and coal products industry declined over the month driven by very low energy costs.

But for the first time in several months, the Labor Department adjusted prior months’ totals downward. January’s initial estimate was revised down to 239,000 jobs while December’s numbers were held steady at 329,000.

Even with the revisions, the 12 month period from March 2014 to February 2015 is the most robust period for job growth in more than a decade.

Job-gains-Feb-2015-BLS

The official unemployment rate in February fell to 5.5 percent from 5.7 percent in January. But part of the decrease was due to people exiting the labor force in the month.

The 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 at the time. In February, the labor force participation rate edged down to 62.8 percent as more people exited the workforce than entered it.

The extreme weather in the eastern half of the nation in February could partially explain a lack of participation, as record cold gripped the East Coast and upper Midwest. Record snow also hit New England and the northern East Coast. March’s labor participation numbers should be very telling.

Another sore spot in the February labor report was the tepid rise in wages. Over the month, wages grew just 3 cents, or 0.1 percent, well below the 12 month pace of 2 percent. Wages in January shot up 12 cents, bringing the previous 12 month reading to 2.2 percent.

U.S. Adds Jobs in February, Unemployment Rate Falls to 5.5%, But Overall Report is Not Great
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Accounts Receivable Management