Archives for October 2017

Revenue Cycle Leader Profile: Al Zezulinski, Patient Account Management Systems & Hospital of the University of PA

The following is a profile of just one of the thousands of revenue cycle leaders across the U.S. I’d like to thank Al Zezulinski for generously offering his time to provide his insights. If you are a revenue cycle professional at a healthcare organization and would like to participate in a profile like this, please contact me. I would love to hear from you.

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What’s your name, organization & position? 

Al Zezulinski

Al Zezulinski Founder & Chairman, Patient Account Management Systems, Trustee, Hospital of the University of Pennsylvania.

How did you land in the collections business?

I was at NCO Financial for many years. We were one of the largest debt collectors in the United States. When I first got there, my role was to pull together some acquisitions in the healthcare space. Later, I went on to work as a consulting accountant in the healthcare industry. I started working with distressed hospitals in the 90s. One thing I noticed was that in distressed situations, the first place hospitals lay off are in the non-patient-facing areas like business offices and housekeeping. I’d sometimes get in there and the business office would be a mess: the receivables had not been worked, etc. I remember one hospital where I found several millions of dollars’ worth of checks that had not been deposited because there was no one to post them! It was amazing.

At some point, I worked with the founder of NCO to sell the company to JP Morgan Chase in 2006. I stayed on with Chase until 2012. That year, I had an opportunity to speak at a conference in Brazil where I met Tatiana Pomar. She was working for a credit and collections agency in Brazil. She had just won an award for innovations in skip tracing using social media. This caught my attention. My office in São Paulo was across the hallway from hers, so I would stop in and got to know more about what she was doing. Her approach was to encourage what I’ll call “consumer-directed account management,” using social media.

Is “consumer-directed account management” fundamentally different from traditional collections?

Yes! A collection agency is typically a licensed entity that makes outbound phone calls and sends letters attempting to communicate with the right party to resolve a debt. Because of the changes that have occurred in communication, including consumer awareness, the rise of consumerism and just the way we behave socially, people don’t answer the phone anymore. They don’t open snail mail. The big problem we have in traditional collections is getting the right party on the phone.

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Tatiana and I are essentially updating the way we connect with consumers. We’ve brought these ideas to the United States, and the interest has been very high. Potential clients are quick to see the relevance of our approach. We went live with our first client just this summer — a very large debt buyer and bank based here in the US. They gave us 2 million accounts to put under management, and we’re about to sign our second client, who is poised to give us 700,000 accounts per month. So by the year’s end, we’re projected to have around 5 million accounts under management.

We’re using social media to give consumers the tools and opportunity to resolve their debt on an easy-to-use website that offers a wide range of options. Importantly, the relationship begins long before the debt has gone bad.

This sounds like a game changer.

We’re putting account resolution into the hands of consumers, and taking it out of the hands of the credit grantors, the banks, and the agencies that work for them. We’ve seen that people want to pay their bills. They just need to face it in their own way. Calling them when they don’t answer the phone doesn’t work. Making more phone calls just means more calls go unanswered.

Are you focused on the healthcare space?

We did start in healthcare because I came out of healthcare. At NCO, I had certainly worked on other kinds of accounts. As head of NCO Portfolio Management, we were the second- or third-largest consumer credit buyer in the US. We bought millions of accounts each year: utility accounts, healthcare accounts from large healthcare and physician groups and hospitals, plus credit card accounts, auto loans and so on.

The context of the patient-provider relationship seemed a perfect place to pilot this approach, especially given the rise of self-pay balances. I think the self-pay crisis is only getting bigger and worse. The average balance size is bigger. More and more consumers have HDHPs, and they aren’t responsive to traditional methods of collection. So it struck me: Why not put this in their hands, and let them manage their own self-pay balances. We can educate them, and give them the tools to come to us, and handle their outstanding balances on their own terms. We created a platform called PAM—which stands for Patient Account Management.

The same platform, branded Zeroing, is centered on credit cards, auto loans, student loans and utilities.

What’s the special sauce of this approach to collections?

Our approach is true to life. Reality is that people lose their jobs. Family income changes. Expenses don’t go down that fast. When someone can’t go to work because they’ve just been diagnosed with cancer, the impact on family income is profound. These are all lifecycle events that consumers need to manage through. Badgering them for money doesn’t help. It makes things worse.

I’m also on the board of a large Philadelphia hospital. I’ve seen that when a patient comes into the healthcare environment, we’re caring, we’re friendly, we call and check on them. They’re treated beautifully. They’re cared for. They’re respected. But then they owe us money, it’s as if they cross over a threshold and the relationship becomes increasingly hostile. That doesn’t make sense. In the healthcare community, if we live by the Hippocratic Oath’s central premise, “Do No Harm,” then we should do no harm in a patient’s financial life either, because it’s all one ecosystem. Financial pressures affect health.

In the healthcare space, in addition to caring for patients, there is also tremendous bottom line pressure. Offering a digital platform increases liquidity and lowers costs because it’s all digital. Also, something else happens that’s a byproduct, but in many ways is even more important to the bottom line: We can improve patient loyalty. In an era of increased competition, that has an impact.

What are the compliance implications of using social media to connect with consumers?

The largest data security and compliance risk is human beings. In our model, there is no human being. No one is writing down or making notes. We take the human element out. Our servers run on Amazon Web Services. It’s got more security than most military installations. It’s easy to maintain compliance the privacy guidelines. In terms of rules governing outreach, there are three kinds of patients we deal with. There are patients who are pre-registered to receive hospital services but they have not yet incurred the associated costs. At the beginning of the clinical relationship, we’re already involved. We’re gathering consent, and information, and modes of communication. Our goal is to build an ongoing, sustainable relationship with the consumer.

The second kind of patient has been in the hospital and has been discharged. Once the insurance company has been billed, we reach out. Again, we were there at the pre-admissions moment, gathering contact information and consent to use it. So once the bill comes back from insurance, we take the opportunity to explain the balance due after insurance has paid its portion.  

As far as demographics go, about 15% of patients are Medicaid, or are indigent. They won’t have a deductible to pay at all. Another 25% will pay as soon as they know their self-pay balance. The remaining segment will need a payment plan. We suggest a payment plan based on the criteria and guidelines that our clients give us, and generate 5-8 viable payment plan choices. If none of those fit their lifestyle and family budget, the consumer can suggest one that will, and we try to get approval from our client. It’s all done digitally. The client might counteroffer, or they may just accept the consumer’s suggested payment plan.

How successful have you been with unresponsive consumers?

The third kind of patient has been discharged from the hospital, but has not responded to our outreach. Sometimes we have contact information and an email address and/or cell phone number, and permission to use it. If we have an email address and a cell phone number, we use those for ID purposes through our analytic platform. We can use Facebook, Google and other tools to ID upwards of 85% identification rate. We can find your name, tied to an IP address on a specific device. And we can put a banner ad in front of you that says something like: “If you’re concerned about past-due hospital debts, and how they can impact your ability to buy a new car or obtain housing, click here….”  When they click through, we can show them their specific hospital debt, and get them to enroll into the program and deal with their debt.

Our hit rate in Brazil with this approach was insane in 2015. The largest bank in Brazil gave us a million accounts, and gave our local competitor the same number of accounts with similar characteristics. Our competitor put their million accounts into a traditional collections environment, and of course we used our collections environment. Four months later, we had collected 400% more cash than our competitor, at about 1/20th of the cost.

We’re not relying on consumers to come find us. We’re using technology to find consumers and making it easy for them to engage with us. We reach out, educate and motivate consumers through the entire arc of the patient lifecycle. We do it in English and Spanish!

How have physicians and hospital systems responded to what you’re offering?

Hospital collections is a traditional, call-center-bound business. I put it to the hospital C-suite this way: “Everything you give to an agency, give it to us at the same time. When we get a consumer to agree to pay our way, we’ll send you an update, and you can recall it from your agency. No need to change the way you’re working today.” It’s hard to argue with that approach because of course, hospitals have a fiduciary responsibility to look at the economics of all its vendors, but there is also the status quo to contend with. Change will be gradual, but there is no doubt that it’s coming. It’s unstoppable.

Revenue Cycle Leader Profile: Al Zezulinski, Patient Account Management Systems & Hospital of the University of PA

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InterProse Refreshes Brand and Renames Flagship Product

VANCOUVER, Wash. — InterProse, a software company specializing in Software as a Service for the debt recovery market, implemented a rebrand strategy October 1, 2017 to consolidate messaging among all external communication channels. Changes included a logo refresh, full website revision, and the renaming of WebAR, the primary software solution InterProse provides its customers.

For the remainder of the year, “WebAR” will be referred to as “WebAR ACE”. Starting January 1, 2018, “ACE” will replace all references to WebAR.

“InterProse prides itself on its culture of ‘relentless innovation’, and we have been continually evolving WebAR for a decade. We realized that WebAR was not just an accounts receivable application, but had become an advanced collections environment with capabilities to easily adapt to 21st century challenges and opportunities. We decided to update the product name and transform our website and logo to communicate to a broader market of prospective customers.” – Matthew Hill, President & CEO

The InterProse website redesign was done to streamline visitor access to product benefits and features and establish InterProse as a premium content provider within the debt recovery market. New market education takes in the form of eGuides, eBooks and blog posts (subscribe here), all tied into multiple social media channels: LinkedIn, Twitter, and Facebook.

About InterProse

InterProse is software company serving the debt recovery market with a web-based, open-platform software solution to facilitate debt recovery efforts. Specializing in efficiency through process automations and capable of integrating various third-party technologies to keep pace with modern advancements, InterProse continually upgrades the platform at no charge to its customers and strives to be the most flexible, modern solution available for its target markets of third party debt collections and original credit grantors.

InterProse Refreshes Brand and Renames Flagship Product
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Ontario Systems Recognizes Revenue Cycle and Receivables Leaders with Annual Pinnacle and Hall of Fame Awards

SCOTTSDALE, Ariz. – Ontario Systems, a leading software provider to the healthcare revenue cycle management (RCM), accounts receivable management (ARM) and government (GOV) markets, presented Arnie Harris and David Harris – CEO, and COO & Executive Vice President, respectively, for Harris & Harris Ltd. – with its third annual Pinnacle Award. The two receivables leaders were on-hand at PowerUp 2017, the Ontario Systems annual user conference, to receive the honor during the event’s opening session on October 17. The award is presented to individuals who have made outstanding and significant achievements in innovation, technology and leadership over the course of their careers.

“We are deeply appreciative of the opportunity to work with Harris & Harris as they have helped guide our development and keep us on the cutting edge of compliance and security,” says Ontario Systems CEO Ron Fauquher. “Their organization has truly created a connection with consumers by practicing empathy, which sets this organization apart at its core.”

Harris & Harris was started in 1968 out of its founder Samuel J Harris’s basement on Chicago’s South Side. The firm’s commitment to compassionate, respectful collections through the years has grown Harris & Harris from a one-man shop to more than 450 employees. Today, Arnie serves on the board of Cook County Health Foundation and both himself and Dave maintain an active volunteer and philanthropic life in addition to their charitable work.

“I’m honored to be recognized for our innovation, technology, and leadership in the collections industry. Our father founded the company on the 10 Harris Habits, which we still practice today. From our experience, I offer three words of advice to you as you lead your organization: collaborate, communicate, and congratulate with both your clients and colleagues. If you practice those three attributes, you will succeed with integrity.”

Ontario Systems also honored RCM, ARM, and GOV leaders in creativity, operational excellence and innovation with its annual Hall of Fame Awards. Selected from a pool of nominees by the organization’s Executive Leadership Team, this year’s honorees included:

  • Scott Ingram, Vice President of Operations, MedCycle Management, LLC
  • Chris Vairo, Chief Revenue Officer, and Lori Hoffart, Vice President of Operations, Signature Performance
  • Jeff Holloway, President, Holloway Credit Solutions, LLC
  • Shane Miller, Vice President of Information Services, Optio Solutions, LLC
  • Terry Reinsager, Vice President of Strategic Integration, MediRevv, Inc.
  • Gregg McWilliams, Information Systems Manager, County of Santa Clara
  • Tapuwa Makombe, Assistance Deputy Executive Officer, Enhanced Collections Division, County of Riverside Superior Court

“This year’s Hall of Fame Awards honor our best and brightest customers, who are truly making a difference in business and in the world each day,” says Ontario Systems Senior Vice President & Chief Revenue Officer, Jason Harrington. “They represent the pioneers who use Ontario Systems products to innovate and develop creative strategies and services, powering their operations with technology, and turning potential into execution. We look forward to everything they will bring to life next year and beyond.”

More details about PowerUp 2017 are available at http://powerup.ontariosystems.com. The conference was held October 16-18 at the Hyatt Regency Scottsdale Resort & Spa at Gainey Ranch. 

About Ontario Systems

Ontario Systems, LLC is a leading provider of revenue recovery software and solutions to the revenue cycle management (RCM), accounts receivable management (ARM) and government markets.  Established in 1980 and headquartered in Muncie, Ind., Ontario Systems also has a location in Vancouver, Wash., and employees in 27 states. Ontario Systems offers a full portfolio of software, services and business process expertise, including product brands such as Artiva RM™, Artiva HCx™, Contact Savvy®, and RevQ®. Ontario Systems customers include five of the 15 largest hospital networks who actively manage over $40 billion in receivables collectively, as well as eight of the 10 largest ARM companies and more than one hundred state and municipal governments in the U.S.

Ontario Systems Recognizes Revenue Cycle and Receivables Leaders with Annual Pinnacle and Hall of Fame Awards
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ACA’s Pat Morris Leaves Collection Industry to Lead Mid-Market Growth Association

Dual association statements yesterday announced the impending departure of ACA International CEO Pat Morris, and his new position as CEO of the Association for Corporate Growth® (ACG). 

In an email to staff yesterday Morris explained that he had resigned his position and his last day would be December 2nd. The announcement was shared this afternoon with all ACA members.

ACA International President Rick Perr of Fineman Krekstein & Harris, P.C. said, “ACA is sorry that Pat has decided to accept a new CEO role, but speaking on behalf of the ACA Board of Directors, we wish him nothing but the best. He has proven himself to be a tireless advocate on behalf of ACA members, and brought a calm, creative, and enthusiastic attitude to every meeting, speech, and new initiative. ACA is stronger and more prepared for the future because of Pat, and his humor and leadership will be missed.” 

Earlier today, ACG emailed an announement to its members announcing Pat as its incoming CEO. ACG is an organization comprised of over 14,500 members including private capital providers and advisers for middle-market businesses. He will officially join the Washington, D.C. based association in December. 

“Pat is inheriting an organization that is well-positioned for transformative change and ready for strategic growth,” says Jason Brown, immediate past chairman of the ACG Global Board of Directors and partner at Victory Park Capital. “His leadership philosophy, fluency in public policy matters, and understanding of the strategic path forward for the ACG makes him the ideal candidate to take on the role of CEO,” says Brown.

J.B. Dollison, chairman of the ACG Global Board of Directors and partner at Crutchfield Capital Corporation added, “With a need for continued growth and support of our 58 chapters, a new strategic vision to build membership, and a desire to expand ACG’s public policy efforts, Mr. Morris is absolutely the right person for this role.”

When asked about his new role at ACG Global, Mr. Morris said, “I am looking forward to serving the needs of the ACG’s diverse and growing membership and promoting its collective voice in advocating common-sense legislative and regulatory changes for capital formation in the middle market. I am particularly enthusiastic about meeting our organization’s leaders and membership to collectively advance the ACG’s mission of Driving Middle Market Growth.”  

Prior to ACA International, Morris served as the executive vice president of the National Association of Federal Credit Unions and the executive director of the Washington-based International Committee for Information Technology Standards. He holds a master’s in public administration from the University of Kentucky and a bachelor’s degree from Christopher Newport University. He began his career as an officer in the U.S. Marine Corps, was selected for the prestigious Presidential Management Fellows program and subsequently worked in legislative affairs for both the Secretary of Defense and U.S. Sen. John Warner of Virginia.

The ACA announcement said that the Board of Directors will announce plans for interim leadership once Morris departs in December, as well as the process and timeline for selecting a new CEO.

 

ACA’s Pat Morris Leaves Collection Industry to Lead Mid-Market Growth Association

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Connecticut’s New Net Worth Requirement for Collectors

In case you missed it, Connecticut recently amended its law to require any person seeking a consumer collection agency license to show a minimum tangible net worth of fifty thousand ($50,000) dollars.

On July 11, 2017, Connecticut Governor Dannel Malloy signed into law Public Act 17-236 which made a number of changes applicable to consumer collection agencies. One of those changes is that, as part of its application, a licensee must now provide a financial statement prepared by a certified public accountant or a public accountant “which evidences that the applicant has a minimum tangible net worth of fifty thousand dollars(new language is in bold). 

The amendment is effective October 1, 2017. 

While the new requirement creates a mandatory minimum net worth amount, the more concerning question for the industry may be the requirement that the minimum net worth be “tangible.” This type of net worth calculation only includes tangible assets and does not include intangible items such as goodwill. While intangible assets provide value to any company, the new change in Connecticut means agencies cannot include such assets in their financial statement. 

The Connecticut consumer collection agency license renewal checklist, available on the National Mortgage Licensing System (NMLS), has been updated to reflect the new requirement:

Financial Statement: Upload an unaudited financial statement for which the financial data has been assembled by a CPA, but not reviewed for accuracy which evidences that the applicant has a minimum tangible net worth of fifty thousand dollars. Financial statements should include a balance sheet, income statement and statement of cash flows and all relevant notes thereto. Your notes must reflect all assets held in trust in client trust accounts or alternatively, the balance sheet submitted can include client trust account information (by providing a line item in cash assets to reflect restricted funds held on behalf of the client and providing a line item in liabilities to reflect “due clients” information). You will be notified if the Commissioner requires additional information. 

To our knowledge, the Department of Banking has not issued any grace period or delay in the implementation of the change. As a result, companies should assume that the change is immediately applicable for new applications as well as for the upcoming renewal period (November 1 – December 31, 2017). Those seeking renewal should re-evaluate financials to ensure they can demonstrate the appropriate net worth. 

In addition, insideARM has been alerted to the possibility that the Connecticut Department of Banking may also be requiring licensees to maintain a business registration with the Connecticut Secretary of State. The new license and renewal information on the NMLS simply states: 

Certificate of Authority: Entity must register with the Connecticut Secretary of State as applicable. You do not need to attach evidence of registration; it will be checked by the Department upon receipt of your application. 

As the Connecticut license renewal cycle approaches, agencies are encouraged to review all available information on the NMLS site or the Connecticut Department of Banking website. Any questions can be directed to the Department, and remember to consult your attorney.

Connecticut’s New Net Worth Requirement for Collectors
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PaymentVision Partners with QuotePro to Provide Integrated Payment Solutions

JACKSONVILLE, Fla. PaymentVision, a leading provider of electronic payment processing technology and merchant processing for the financial services, collections and receivables, and government, and utility industries and QuotePro Kiosk, the world’s premier kiosk solution for independent car dealers, BHPH and auto finance companies announced today a partnership and forthcoming integration. The integration will expand payment processing options for QuotePro Kiosk clients and provide kiosk services to PaymentVision clients. 

The planned integration should be completed later this year, offering finance companies and receivables management firms with a number of new features, including:

  • 24/7 Convenience: Finance & receivables firms can offer their customers the convenience of 24/7 payment options.
  • Staffing Efficiencies: Offering self-serve payment solutions reduces the need for staff to assist customers in completing payments.
  • Accept All Forms of Payment: Give consumers the ability to complete in-person payments via cash, check, ACH, money order, credit card, or debit card.
  • Real-Time Communication: Payments on a QuotePro Kiosk are communicated in real-time.
  • Full-Service Solution: Cash is serviced by armored couriers saving finance and receivables companies time and money.
  • Open Payment Gateway: Existing QuotePro customers have the ability to bring their own bank or merchant account provider many times resulting in no hold, no reserve next day funding.
  • Accept cash AND make change – the kiosk can serve as an exclusive in-store payment channel
  • Provisional Cash Services deliver next-day settlement on all cash payments
  • Full reconciliation & transactional reporting 

“We are constantly looking for ways to add additional services and improve the consumer payment experience,” said Eugene O’Rourke, Vice President of Marketing at PaymentVision. “Partnering with QuotePro and offering an integrated payment solution will enable payments to post directly into more than 20 existing PaymentVision integrations, further helping customers streamline their cash management and in-person payment operations.” 

“This integration allows companies who embrace & use technology another efficiency in their cash-intensive business. It eliminates manual entry while allowing customers to pay with their preferred payment method – CASH – which causes the most problems,” said Chris Albu, Vice President of Sales for QuotePro Kiosk. “It not only saves the business money, but improves their processes while increasing safety and accountability.” 

Since 1991, Quotepro has been connecting insurance carriers to agencies to customers. Quotepro began as a comparative rating company to meet the growing demand for specialty auto insurance after a 1990 law in Illinois made auto insurance mandatory. Since then, Quotepro has pioneered online rating, consumer-facing rating and selling insurance policies online. Quotepro continues to connect insurance agents & carriers with customers through innovative channels – whether they be in an agent’s office, online, through a mobile device or even at one of the revolutionary cash-accepting kiosks that can completely serve the financial needs of the unbanked. 

To learn more about how PaymentVision’s integrated payment solutions can help to improve your business, call (800) 345-7243 or email sales@paymentvision.com to speak with one of our industry experts today. 

About PaymentVision

PaymentVision is a biller-direct, PCI-compliant, electronic payment gateway provider. PaymentVision offers clients the unified ability to accept ACH, check, and credit or debit card payments, by phone, or through Internet channels. PaymentVision solutions handle billions of dollars for thousands of financial institutions, large and small nationwide including, credit unions, banks, consumer finance, and collection agencies. For more information, please visit www.paymentvision.com; follow PaymentVision on Twitter @PaymentVision or on Facebook at www.facebook.com/paymentvision; or call 800-345-7243.

About Autoscribe Corporation

Autoscribe Corporation is a leading financial services company and payment processor. With more than two decades of innovation and leadership in the financial technology industry, Autoscribe offers a full suite of tools through PaymentVision and Lyons Commercial Data to help their customers grow their business, simplify payment processing, mitigate risk, and ensure compliance. Recently named to the Inc. 5000 as one of the fastest growing private companies in the nation, Autoscribe has thousands of customers and processes more than $1 billion in transactions annually. For more information, please visit http://www.autoscribe.com; follow Autoscribe on Twitter @AutoscribeCorp or on LinkedIn at http://www.linkedin.com/company/autoscribe; or call 800-345-7243. 

About QuotePro Kiosk

Based in Chicago, Quotepro Inc. provides buy-here-pay-here dealers with payment kiosks that accept cash, check, money order, debit card and credit card transactions. These kiosks save dealers thousands of dollars each month by eliminating the overhead and risks normally associated with handling cash payments. For more information, please call (800) 630-8045 or visit www.quotepro.com

Forward-Looking Statements

This press release includes certain “forward-looking statements” including, without limitation, statements regarding future events and Autoscribe Corporation’s business, strategy and results, that are subject to risks, uncertainties and other factors that could cause actual results or outcomes to differ materially from those contemplated by the forward-looking statements. These forward-looking statements include, but are not limited to, plans, objectives, expectations and intentions and other statements contained in this press release that are not historical facts. These statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995 and are sometimes identified by words such as “will”, “may”, “could”, “should,” “would”, “project”, “believe”, “anticipate”, “expect”, “plan,” “estimate”, “forecast”, “potential”, “intend”, “continue”, “target”, “opportunities” and variations of these words or comparable words. As a result of the ultimate outcome of such risks and uncertainties, Autoscribe Corporation’s actual results could differ materially from those anticipated in these forward-looking statements. These statements are based on Autoscribe Corporation’s current beliefs or expectations, and there are a number of important factors that could cause the actual results or outcomes to differ materially from those indicated by these forward-looking statements, including, without limitation, risks related to the successful offering of the products and services of Autoscribe Corporation; and other risks that may impact Autoscribe Corporation’s business. Autoscribe Corporation expressly disclaims any obligation or undertaking to release publicly any updates or revisions to any forward-looking statements contained herein as a result of new information, future events, or otherwise. 

Due to rounding, numbers presented throughout this and other documents may not add up precisely to the totals provided and percentages may not precisely reflect the absolute figures.

PaymentVision Partners with QuotePro to Provide Integrated Payment Solutions
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FTC Perpetuates Real Authentication Challenge for Collectors

Yesterday a Consumer Education Specialist for the Federal Trade Commission (FTC) published this blog post advising consumers how to identify and/or respond to scammers that call. The crux of the matter on this one is to warn people that scammers use fake caller ID numbers to trick consumers. These tips are provided:

  1. If you get a strange call from a government phone number, hang up. If you want to check it out, visit the official (.gov) website for contact information.
  2. Don’t give out — or confirm — your personal or financial information to someone who calls. (emphasis added)
  3. Don’t wire money or send money using a reloadable card. In fact, never pay someone who calls out of the blue, even if the name or number on the caller ID looks legit.
  4. Feeling pressured to act immediately? Hang up. That’s a sure sign of a scam.
  5. If you’ve gotten a call from a scammer, with or without fake caller ID information, report it to the FTC.

I totally get it. These scammers are a huge problem. We all get the calls. Consumers, regulators, legislators, industry … everyone is fed up and working to do something about it.

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And, still, legitimate debt collectors have government rules they must follow that are in direct conflict with this advice from the government.

The Fair Debt Collection Practices Act mandates that you cannot disclose information about consumers to third parties. In order to do that, debt collectors must verify the identity of a consumer before sharing information about who they are or why they are calling. The exact procedure used to do this varies a bit from collection agency to collection agency, and is often influenced by the creditor client. No matter what the specific procedure is, today it will involve asking the consumer to provide some form of personal information that: 1) (in theory) only the consumer would know, and 2) is data the collector has been given by their creditor client.

So. This sets up a very difficult interaction between a collector and a consumer – one that is both required by law and discouraged by federal regulators.

There has to be a better way.

FTC Perpetuates Real Authentication Challenge for Collectors
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Verbal Authorization for Recurring Payments – Ask Yourself One Question: “Do I Feel Lucky?” (podcast)

Debt collectors that accept recurring payments over the phone know that Federal laws – specifically Regulation E, the Electronic Funds Transfer Act and the E-Sign Act – provide guidelines for consent and disclosures. insideARM first featured an article on those issues in January 2013.

Since that time, the CFPB issued guidance on these issues in November 2015, stating: 

Regulation E may be satisfied if a consumer authorizes preauthorized EFTs by entering a code into their telephone keypad, or, Supervision concluded, the company records and retains the consumer’s oral authorization, provided in both cases the consumer intends to sign the record as required by the E-Sign Act.  

The CFPB guidance follows common sense and tracks consumer expectations: if a consumer consents verbally to recurring payments, and the debt collector records and maintains that consent, the law is satisfied. Despite the clear CFPB directive allowing verbal consent for recurring payments, consumer attorneys continue to bring lawsuits against debt collectors asserting that verbal consent violates the law. In the absence of guidance from a Court of Appeals on the issue, the lawsuits against debt collectors – with uncertain outcomes in the courts — will continue. Further, these lawsuits undermine the ability of both consumers and debt collectors to rely upon interpretations of the law from the CFPB.   

In this episode of the Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman and Mike Poncin are joined by special guest Mike Etmund to discuss a recent case  addressing whether verbal authorization for recurring payments is sufficient. Also discussed in this episode are newer cases on the Spokeo requirement that a plaintiff must suffer a “concrete injury in fact” to maintain an FDCPA case and the status of the CFPB arbitration rule.

Listen to the latest Debt Collection Drill podcast here

Verbal Authorization for Recurring Payments – Ask Yourself One Question: “Do I Feel Lucky?” (podcast)
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Stellar Recovery Secures Significant Fair Debt Collections Practices Act Victory

JACKSONVILLE, Fla. — Debt collection agency Stellar Recovery, Inc. secured a significant Fair Debt Collections Practices Act (“FDCPA”) victory last week, again establishing favorable precedent for the industry. The latest win establishes that agencies may indeed obtain limited information from consumers who are represented by counsel, so long as that information is not being used for the purpose of collecting a debt. The opinion also serves to substantially clarify acceptable consumer/agency dialog after the agency is on notice that counsel represents a consumer.

The case of Klein v. Stellar Recovery, Inc. No. 4:16-cv-01480-JMB (E.D. Mo. Oct. 12, 2017) centers on a single phone call.  During the call, which Plaintiff placed to Stellar to inquire about details concerning a debt on her credit report, Plaintiff informed Stellar that counsel represented her. After receiving this information Stellar then requested Plaintiff’s updated contact information and subsequently ended the call. No further attempts were made to contact Plaintiff after this interaction.

Plaintiff alleged that Stellar’s request for updated contact information violated § 1692c(a)(2) of the FDCPA, which provides in relevant part that “a debt collector may not communicate with a consumer in connection with the collection of any debt . . . if the debt collector knows the consumer is represented by an attorney with respect to such debt . . .” Plaintiff based her allegation of a violation on the assertion that “once notified that [a debtor] has legal representation, defendants may only ask for the attorney’s contact information before ending the call.”

Citing to Hanks v. Valarity, LLC, No. 4:14-CV-01433-JAR, 2015 WL 1886960, at * 3 (E.D. Mo. Apr. 24, 2015). However, Hanks and several other cases relied on by Plaintiff involved allegations–which the court accepted as true–that the disputed communications were made in connection with the collection of a debt. In contrast, Stellar alleged here that the communication at issue in this case was NOT an attempt to collect a debt but instead was solely for the purpose of ensuring that the proper information was included in Plaintiff’s consumer file with the credit bureaus and to advise the underlying creditor of the updated information for its customer.

On October 12, 2017, Magistrate Judge John M. Bodenhausen of the United States District Court, Eastern District of Missouri, issued an opinion granting summary judgment in favor of Stellar, concluding that Stellar’s request for Plaintiff’s updated contact information in this context was not a communication “in connection with the collection of any debt,” and thus not violative of the FDCPA. In coming to this conclusion, the Court considered the relationship between the parties, the purpose and context of the communication, the language used in the communication and whether there was an explicit demand for payment. The Court noted that Plaintiff initiated the call to Stellar, that Stellar did not request payment from Plaintiff or suggest a payment plan, or ask whether plaintiff intended to pay the debt, all of which indicated that the request for Plaintiff’s updated contact information was not a “communication in connection with the collection of a debt” as required to establish liability under 15 U.S.C. § 1692c(a)(2).  The Court also noted that the fact that Stellar issued the “mini-Miranda” warning at the beginning of the call did not alter the conclusion.

This win further solidifies Stellar’s confidence in its counsel Assurance Law Group’s innovative litigation model, which allows Stellar to aggressively defend appropriate cases and establish favorable precedent for the collection industry at a much lower cost than traditional models. Though it was not discussed in the opinion or argued by counsel, the call certainly raises the possibility of deliberate targeting considering that the Plaintiff was already represented by counsel prior to calling to engage the agent. The facts of this case provide an important training opportunity for agents, who are often advised of legal representation at various stages of a call with a consumer.

About Stellar Recovery, Inc.

Stellar Recovery, Inc. is in Jacksonville, Florida.  Please visit our website at www.stellarrecoveryinc.com.

Stellar Recovery Secures Significant Fair Debt Collections Practices Act Victory
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Creditsafe And ESP Team Up To Offer Cutting-Edge Payment Solution To Customers

ALLENTOWN, Pa. — Creditsafe, the world’s most leading provider of global business intelligence, today announced a partnership with ESP Receivables Management.  Under the terms of the agreement, Creditsafe will incorporate ESP’s innovative debt-collection system into the Creditsafe Business Intelligence Platform.

“We are delighted to be able to offer this new capability to our customers,” said Matthew Debbage, CEO of Creditsafe USA and Asia. “ESP in one of the recognized leaders in the debt-collection industry with their advanced technology and cutting-edge tools. This is the perfect addition to our industry-leading global business intelligence platform.”

Creditsafe’s customers will be able to leverage the power of the ESP solution directly through the Creditsafe platform, providing access to many amazing features, including:

  • A system designed by one of the most experienced minds in the collections industry, Bill Newton
  • An abundance of commercial credit, collections and receivables solutions    
  • Features and insights derived from over 40 years of industry experience
  • Top-notch, dedicated customer service

Creditsafe’s global database is one of the most rapidly expanding in the industry and also one of the most comprehensive. Each day over 200,000 users around the world leverage the company’s database to gather strategic, insightful business information. Creditsafe’s database is updated over a million times a day with information gathered from thousands of sources. In 99.9% of the cases, reports requested by customers are delivered instantly. Over forty percent of Credisafe’s customers, leverage the company’s internationally reporting capabilities.

About Creditsafe

Creditsafe is the world’s most used supplier of company business intelligence with ten Creditsafe Group reports downloaded every second. Privately owned and independently minded, Creditsafe is looking to change the way business information is used by providing high quality data in an easy to use format that everyone in an organization can benefit from.

Founded in Norway in 1997, Creditsafe has offices in countries all over the world including: the UK, GermanyFranceSwedenIrelandItalyBelgiumthe Netherlands and the United States. Globally, The Creditsafe Group employs over 1,200 people and has more than 100,000 subscription customers. Five years ago, The Creditsafe Group opened offices in the US under the name Creditsafe USA, Inc.  Its U.S. operations are headquartered in Allentown, PA with another office in Phoenix, AZ. Nearly 10,000 companies in the U.S. use its credit reports, ranging from small businesses to large, global concerns like Staples, Ryder and Nestle. For more information about Creditsafe, please visit www.creditsafe.com.

About ESP

ESP Receivables Management is a global firm focusing solely on their customer’s needs. Backed by over 40 years of experience, they provide a plethora of customized solutions including first party collections, third party collections, consulting, onsite legal forwarding, customized debt collection programs, customized remittance schedules and even background investigative services. For more information about ESP, please visit www.bestcollectionagencies.com.

Creditsafe And ESP Team Up To Offer Cutting-Edge Payment Solution To Customers
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