Archives for February 2023

An airtight credit dispute management process is key to avoiding scrutiny and hefty fines from the CFPB, but that’s not the only reason it’s critical.

“[A]ccurate data is at the heart of the credit reporting ecosystem, which is a key part of lending,” says Michelle Macartney, Managing Partner at Bridgeforce.  And not all furnishers are doing a good job of managing their disputes. 

According to Macartney, there are four major (and avoidable) mistakes furnishers make when it comes to dispute management:

Insufficient documentation of the dispute review. Most furnishers perform a decent dispute investigation, but they can’t prove it. Without documentation of your dispute review, it didn’t happen, no matter how thorough it was. Furnishers must “retain enough information to evidence that they really did take the appropriate steps and performed a searching inquiry as part of the investigation,” says Macartney.

Inadequate procedural documentation. “Honestly, through a regulatory examiner’s eyes, if it’s not documented, it doesn’t exist,” explains Macartney. Your process could be robust and meet all of the expectations of the regulators, but, just like documenting the dispute review, if the process isn’t clearly written and mapped out, it might as well not exist.

Inconsistent dispute handling. Some furnishers are “handling direct disputes in a manner that’s slightly different than how they handle indirect disputes, or perhaps differences and how they handle disputes across multiple product types,” adds Macartney. This isn’t just bad practice, it can cause potential consumer harm, especially if the consumer has multiple accounts with the same lender.

Inability to integrate controls. Maybe your organization has done a great job of documenting your dispute review policy & procedure. Is it performing as expected? “Furnishers are sometimes challenged to implement appropriate controls, including those needed to ensure that they’re meeting the regulatory SLAs for completing the investigations, and also to ensure that they are appropriately monitoring effectiveness and quality of investigations,” according to Macartney. She encourages furnishers to perform a root cause analysis when they’ve had to make a furnishing correction in order to determine whether the process is working as intended, and if not, where a change could be made.

Read or listen to all of Macartney’s insight into how furnishers can ensure their dispute process is operating at the level it needs to be to protect them from regulatory action or consumer complaints in our full interview below:

Click here to download a demo of Case Central, which uses its all-in-one portal and integrations to each customer’s unique set of financial systems to maximize efficiency for reasonable credit report dispute investigation practices and drives value with workflow automation and intelligent analytics.

Below is the full text of our interview with Michelle Macartney:

[Erin Kerr]: Hi everyone, and thank you for joining me for this session of Solve It Strategically. I’m Erin Kerr, the director of Operations for The iA Institute, and I’m here today with Michelle Macartney, Managing Partner at Bridgeforce. Michelle, why don’t you introduce yourself for the folks who don’t know you

[Michelle Macartney]: Well, thank you Erin. And thank you for having me. I’m one of the managing partners at Bridgeforce, as you noted. We’re a management consulting firm that supports our clients in consumer and small business lending payments and deposits across the whole lifecycle. At Bridgeforce, I jointly oversee our US consulting practice and lead our consumer reporting compliance practice. I’ve done something with consumer reporting data for over 30 years now and have worked on the compliance side of consumer reporting for a little over 10 years.

[EK]: Great. Well thank you for that introduction, Michelle. Today we’re going to talk about credit dispute management and how you can solve that challenge strategically. Why don’t we start by explaining why we’re talking about the credit dispute management process now. Can you explain why it’s such a pressing topic?

[MM]: Sure. Credit reporting and disputes has really been a pressing topic, I think, for about over 10 years for several reasons. One is that accurate data is at the heart of the credit reporting ecosystem, which is a key part of lending. So appropriate handling of consumer disputes related to data accuracy can alert a furnisher such as a bank or a collection agency to potential inaccuracies. Dispute volumes are continuing to grow. If you think about the current economic environment, we’ve seen an explosion in the Buy Now, Pay Later types of products, combined with consumers who are increasingly struggling to make their debt payments. All of this puts pressure on the consumer reporting process and the accuracy of information. 

Add to that, the CFPB is taking a very pro-consumer view toward enforcement of the Fair Credit Reporting Act and continues to shine a really big spotlight on FCRA’s reporting and disputes practices. Anyone who reads industry news knows that they are not shy about issuing directives and consent orders when they examine a furnisher and identify data inaccuracies and inappropriate data handling or dispute handling.  Furnishers are in a position where they need to figure out how to handle increased dispute volume during a time when there’s also a lot of pressure to reduce operating expenses, while continuing to meet compliance expectations. All of these factors are contributing to a lot of activity in this area right now.

[EK]: Thanks so much for explaining why we need to talk about credit dispute management right now, Michelle. I want to talk a little bit about some of the trends that you’re seeing. What kind of trends are you seeing with respect to the FCRA?

[MM]: One [trend] is that medical collections have received a lot of press because of complexities involved with the multiple billings and insurance questions that sometimes result in collections appearing in a credit report erroneously. The CFPB has received a tremendous number of complaints about that process along with other consumer reporting concerns. Those complaints and their observations from previous examinations makes this a very aggressive consumer protection issue for the CFPB. I’d say they are laser focused on ensuring that furnishers provide accurate data, and that consumer reporting agencies also take appropriate measures to produce accurate consumer reports. 

With all of that furnishing comes disputes, and the CFPB wants to ensure that all parties that are involved in furnishing [data], are investigating disputes in a sufficiently comprehensive manner and acting upon the outcomes of the investigation when those indicate that the trade line correction is warranted. So lots of focus in this space.

[EK]: Excellent. Thanks for breaking that down. What are some of the biggest risks that you’ve identified with regulatory examinations?

[MM]: When we’re talking about disputes, we see that most furnishers perform a decent disputes investigation, but they can’t prove it. So one of the biggest challenges that we see is that furnishers don’t retain enough information to evidence that they really did take the appropriate steps and performed a searching inquiry as part of the investigation.  

For example, if a consumer has filed a dispute of a 30 day late payment, they see on their credit report and they think they paid that their bill that month, a dispute specialist may go through the process and find every step of the way that their records are correct and the consumer really didn’t make a payment. But when a regulatory examiner, or even an external auditor, comes in and looks at that dispute and says, can you tell me what steps you took to arrive at that conclusion?

Our clients will describe what they did and perhaps point to comments that they even made about their investigation in a system of record. But they often cannot show the data used as the basis for how they adjudicated the dispute. I really think that’s one of the biggest areas of exposure for most of the organizations we work with.

A related area is inadequate procedural documentation. I see a lot of furnishers who truly are doing an excellent job of handling disputes, but their procedures don’t illustrate the nature of the ‘reasonable’ investigation. Honestly, through a regulatory examiner’s eyes, if it’s not documented, it doesn’t exist. 

One other area where we see risk is handling direct disputes in a manner that’s slightly different than how they handle indirect disputes, or perhaps differences and how they handle disputes across multiple product types. Not only is that a regulatory risk, but it can lead to a less than satisfactory experience for a consumer who may have multiple accounts with the same lender. 

Finally, the other risk that we see is furnishers are sometimes challenged to implement appropriate controls, including those needed to ensure that they’re meeting the regulatory SLAs for completing the investigations, and also to ensure that they are appropriately monitoring effectiveness and quality of investigations. Performing sufficient root cause analysis when they’ve had to make a furnishing correction is also another gap that we sometimes see.

[EK]: It sounds like the biggest risks from your perspective are a lack of documentation, lack of controls or insufficient controls, and a lack of root cause analysis, and then also some inconsistency with how some of these disputes are handled. Is that accurate?

[MM]: Yes, I think those are the ones that we see most often that are a regulatory point of exposure.

[EK]: All right. Well thank you so much for explaining those. I know one of the other hot topics around credit reporting is credit hygiene. The CFPB has released multiple advisory opinions recently, basically saying to clean up your act when it comes to data hygiene and credit reporting. What are the industry trends that you’re seeing around credit hygiene right now?

[MM]: We’ve been seeing furnishers really take heed of the CFPB’s public expectations, and they’re being more proactive to establish controls around data accuracy. When we look at that, we consider it in three different pillars. 

One is to proactively self-identify issues in the Metro2 file, such as missing and illogical data, preferably with an automated tool that can examine all the trade lines in the file versus only doing a sample and examine not only individual monthly files, but also do some evaluation of how data progresses month over month. By doing this, furnishers can identify and correct potentially serious issues. 

The second is to take a deep dive into the systems that generate the Metro2 files to review and document the logic and data used to produce the file. We refer to this as detailed Metro2 data mapping and conversion documentation. By going through the process to generate that documentation, the furnisher can identify any potential inaccuracies with the technical generation of the furnishing file. 

Third, we’re seeing more awareness of how the upstream operational processes affect consumer reporting accuracy. For example, a change in collections treatment options could affect the data that ends up in a Metro2 file. I often advise our clients that the furnishing owners must always have a seat at the table when we’re talking about change management, and that applies to both technology and operational changes.

[EK]: Well, thank you for outlining those trends, Michelle, and for answering all of my questions about credit dispute management. Do you have any closing thoughts for this session of Solve It Strategically?

[MM]: I’d say establishing appropriate procedures and controls, ensuring consistent and comprehensive investigations, and having the ability to evidence reasonable investigations really equates to your ‘get out of jail free card’. 

When we’re talking about regulatory examinations, being able to prove that you’re doing what you say you do is really critical for furnishing. It’s critically important that furnishers are investing time and using technology to ensure that the data they’re sending to the consumer reporting agencies is as accurate as possible. The logic to generate Metro2 files can become complex and it’s easy to see how errors can creep into the process. So investing time upfront, along with taking a holistic view of the end-to-end furnishing process, should save some time on the backend that would otherwise be needed to fix issues. And a bonus is fewer furnishing inaccuracies should help drive down dispute volume.

[EK]:

That’s an excellent point, Michelle. Thank you so much for breaking that down. And thank you so much for joining me today, Michelle. 

Folks, if you’re interested, you can download a demo for a solution that Bridgeforce together with PMG can offer to you to solve this challenge strategically in a similar way that Michelle just outlined. It’s called Case Central and you can get a demo following this video. 

Thanks a lot, Michelle, for your time today, and thanks everyone for watching.

[MM]:

Thank you, Erin.

Inflation is causing a “personal recession” for many American consumers. The Fed continues to raise interest rates, making the cost to borrow too high for some. Unemployment is at a 50 year low, but consumers don’t feel like their household finances are better off than they were a year ago.

These macroeconomic trends should inform collections & recovery executives’ strategy decisions for the next year and beyond.

To get a better understanding of consumer sentiment, spending, and other key trends, let’s break down three critical takeaways from TransUnion’s Q4 2022 Consumer Pulse Survey:

Spending is down, but there is some optimism.

In Q4 2022, 46% of consumers reported their household finances were worse than planned, a full 16 percentage points higher than Q1 2022. Fewer consumers reported increased wages in Q4 2022, and more consumers reported wage decreases compared to Q3 2022. Reductions in wages and worse-than-planned household finances are driving more consumers to make cuts to discretionary spending and reduce their savings.

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Consumers decreasing discretionary spending doesn’t necessarily mean they will have the ability to pay their current bills, though. 29% of consumers report that they expect to be unable to pay at least one of their current bills in full; a 1% increase from Q3 2022. That isn’t a significant increase, but this is a trend to watch as consumers run out of their pandemic cash and battle increased costs of necessities.

Despite those challenges, optimistic consumers report plans to increase discretionary spending and savings, with 20% of optimists planning to increase spending compared to only 7% of pessimistic consumers. The higher the consumer’s income, the more optimism they reported; those who have a reported income of at least $110,000 annually are most likely to report optimism.

Age affects optimism, too. As Millennials and Gen Z enter their prime earning years and gain more spending power, and Gen X and Baby Boomers approach retirement, 64% of Millennials and 61% of Gen Z consumers reported being optimistic about their finances in the next year, compared to 48% of Gen X and 43% of Baby Boomers. Baby Boomers and Gen X reported being less likely to seek new credit, as well.

The average American consumer is changing, which means collections strategies must change, too. Customer experience should be a top priority, and empathy will be critical, especially as consumers continue to battle inflation.

Credit applications are down slightly due to concerns about cost to borrow.

At 26%, the overall number of consumers who plan to apply for new credit or refinance existing credit within the next 12 months is down 3 percentage points from Q3 2022. Most of those consumers plan to apply for a new credit card, which is roughly the same as Q3 2022 at 53%. The number of consumers looking for new mortgages or to refinance their existing mortgages dropped off significantly (11% and 8%, respectively).

More consumers also reported abandoning a plan to apply for new credit or refinancing, and 32% of consumers did so because the cost was too high. As the Fed continues to consider interest rate hikes in order to work towards the goal of 2% inflation, consumers will likely continue to avoid new and refinanced mortgages. 26% of consumers reported that they abandoned their plan for new credit due to their credit history, which is the same number as Q3 2022.

If interest rates continue to rise, and originations continue to dip, collecting on existing debt should become a focus for lenders, especially those who are newer to lending. Check out my interview with Dave Hanrahan from Kredit for some tips for lenders who haven’t explored collections & recovery strategies yet, or if it’s been a while.

Consumers continue to prioritize credit report monitoring, and want to see changes to what’s reported.

Almost all of the consumers surveyed believe that monitoring their credit report is at least slightly important, with half reporting that they monitor their credit report at least monthly. Credit reporting continues to be an excellent way of reaching consumers about their accounts, despite the risks involved.

The number of consumers who monitor their credit report daily or weekly did drop from Q3 2022, which could signal that consumers who don’t rely on traditional credit (those who use Buy Now, Pay Later loans in lieu of traditional credit cards, or those don’t have a mortgage or car payment, for example) don’t see value in monitoring their credit report outside of checking for fraud.

In fact, 78% of consumers believe that their credit scores would either increase or stay the same if new information was reported, like rent payments or Buy Now, Pay Later loans. This follows a year in which the CFPB instructed BNPL servicers to prepare to report positive information about consumer payments.

Reminder: The CFPB has hinted at making changes to the FCRA in 2023.

Non-standard information on credit reports will result in a much better picture of consumer financial health for underwriters. If consumers are right about their scores staying the same or increasing, it will mean credit score increases and more credit availability. If they’re not, though, it could mean consumers have had artificially inflated credit scores, and it will mean even tighter underwriting standards and credit availability shrinking.

These macroeconomic trends should inform collections & recovery executives’ strategy decisions for the next year and beyond.

Consumer spending and credit behaviors make it clear: we might not have entered a disastrous recession as some predicted, but we’re not out of the woods yet. Read more about consumer trends from Q4 2022 in TransUnion’s full Consumer Pulse Survey from Q4 2022 here.

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ST. PAUL, Minn. — February 9, 2023 – IC System is pleased to announce that the Best Companies Group has named our company one of the 2022 Best Places to Work in Collections for the second year in a row.

Best Companies Group administers the “Best Places to Work in Collections” program, conducting more than 70 local, national, and industry “Best Places” programs annually for approximately 6,000 companies and their 1,000,000+ employees. The employee survey and award program are designed to identify, recognize, and honor the best places of employment in the collections industry.

The Best Places to Work in Collections list is divided into three size categories: Small (15-49 employees), Medium (50-149 employees), and Large (150+ employees). IC System ranked 9th in the Large category.

To be considered for participation, companies must fulfill the following eligibility requirements:

• Be a for-profit or not-for-profit business or government entity
• Be a publicly or privately held business
• Have a facility in the United States
• Have a minimum of 15 employees in the United States
• Must be in business a minimum of 1 year
• Must be a Collection Agency, Collection Law Firm, Debt Buyer, or Creditor Recovery Operation

Companies from across the U.S. entered the rigorous two-part survey process to determine the Best Places to Work in Collections. The first part evaluated each nominated company’s workplace policies, practices, philosophy, systems, and demographics. The second part consisted of an employee survey to measure the employee experience. The combined scores determined the top companies and the final ranking.

“This is an award that we strive for,” said John Erickson, President and CEO of IC System, which earned the 2021 Best Places to Work in Collections as well.

“It’s great to get this for a second year in a row,” John added. “The reason we do this is that we want to be a good place to work. We want our staff to enjoy their jobs. So it means a lot in terms of validation that we’re doing the right thing for our employees.”

For more information on the Best Places to Work in Collections program, visit: 2022 Best Places to Work in Collections – Best Places to Work in Collections (bestcompaniesgroup.com)

About IC System

IC System is one of the largest receivables management companies in the United States. Founded in 1938, IC System is a privately held accounts receivable management firm in its third generation of family ownership. IC System provides customized, tailor-made debt recovery solutions for healthcare, dental, small business, government, utilities, and telecommunications industries nationwide. Follow IC System on Twitter or LinkedIn.

The Consumer Financial Protection Bureau (CFPB) wants financial institutions to provide consumers with expanded access to their financial records. To that end, in October of 2022, the CFPB published an Outline of Proposals (Outline) detailing how a future rulemaking on this topic might look. The impact of the CFPB’s proposal goes well beyond the subset of data providers that meet the definition of a “financial institution.” Further, if left unchanged, the Proposals would put consumers’ privacy at greater risk and force small businesses out of the market. 

To highlight these unintended consequences, on January 25, 2023, the Consumer Relations Consortium (CRC)  submitted a comment prepared by Legal Advisory Board Members Joann Needleman of Clark Hill and Jessica Klander of Bassford Remele. 

The CRC’s comment raised the following concerns:

Regulatory Overlap: The scope of the proposed rulemaking is expansive and will significantly impact all aspects of the financial services industries. The industry is already significantly regulated by a myriad of regulations and laws implemented by the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Federal Trade Commission. To best serve the consumers and respective stakeholders, the CFPB should partner with the regulatory agencies already tasked with this oversight to devise, vet, and implement a broad set of principles that can work in tandem rather than taking a siloed approach that will ultimately be unworkable.  

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Data Security: The Outline does not clearly address processes or procedures for how personal financial data will be delivered to the consumer; however, it implies that such data must be delivered directly to the consumer. This is problematic because most consumers do not have the infrastructure or wherewithal to implement the safety precautions necessary to maintain the privacy of their data. As a result, sensitive consumer information will have a greater risk of exposure. Any proposed rule should focus on enhancing the authorization process rather than ensuring the direct delivery of data to the consumer.

Competition: The CFPB stated part of the reason for its proposal was to foster competition. However, the complexity of the Outline and proposed rulemaking will not foster competition because the barrier to entry is simply too great. Instead, it will drive small businesses which lack the resources necessary to comply out of the market and therefore decrease fair market participation. 

The full comment can be found here. 

About the Consumer Relations Consortium 

The Consumer Relations Consortium (CRC) is an organization comprised of more than 60 national companies representing the diverse ecosystem of debt collection including creditors, data/technology providers and compliance-oriented debt collectors that are larger market participants. Established in 2013, CRC is evolving the debt collection paradigm by engaging stakeholders—including consumer advocates, Federal and State regulators, academic and industry thought leaders, creditors and debt collectors—and challenging them to move beyond talking points and focus on fashioning real-world solutions that actually improve the consumer experience. CRC’s collaborative and candid approach is unique in the market.  CRC is managed by The iA Institute.

About the Legal Advisory Board

The Legal Advisory Board (LAB) is an exclusive membership group of outside counsel with expertise in the accounts receivable industry who have each pledged their time and resources to support the mission of the CRC. The LAB is limited to ten law firms and is comprised of fourteen total attorneys. Throughout the year, the LAB serves as a legal resource to the CRC membership and assists in fulfilling the mission of promoting forward-thinking approaches to the issues raised by regulatory policy and technology innovation in the accounts receivable industry.

SACRAMENTO, Calif. — The Receivables Management Association International celebrated its 26th Annual Conference in Las Vegas, February 6-9, 2023. RMAI was pleased to host this popular conference which attracted more than 1,300 attendees this year. RMAI took the opportunity to present  its annual awards, recognizing leaders in the receivables management industry. 

Bud Reitzel Award 

The RMAI Board of Directors awarded the Bud Reitzel Lifetime Commitment Award, the industry’s highest recognition, to Mark Naiman, former Board President of RMAI and Owner/CEO of Debt  Connection. 

RMAI created the Reitzel Award to recognize an individual for outstanding leadership and dedication in  the receivables management industry who has demonstrated, over many years of service, the ideals  that Bud modeled and believed in. 

Mark Naiman has over twenty years of experience in debt purchasing and servicing, and is dedicated to  advocating for and growing the industry. He was a two-time president of RMAI, for 2017 and 2018, and  spent over eight years on the Board of Directors. He donated hundreds of hours helping to design the  RMAI Certification program, the gold standard in the industry, which celebrates its tenth anniversary  this year. Mark continues to present the “Introductory Survey Course in Debt Buying” at RMAI’s Annual  Conference each year, a required course for the certification program. 

“Mark is someone who mentored me on the RMAI board,” said Adam Parks, RMAI Board President. “He’s a true visionary who has been innovating in this space for more than twenty years.” 

President’s Award 

RMAI awarded the President’s Award to Rebekah Luebcke, the Senior Vice President of Operations for  Crown Asset Management, LLC. Before her work with Crown, Rebekah spent nearly 15 years gaining  experience in the collections, payments processing, and revenue cycle management industries. She has  been committed to the success of RMAI, in particular taking an active role on the Fintech Legal Working  Group. She was instrumental in the creation of the recent educational resource developed by that  group, The Purchase, Sale and Collection of the Fintech Asset Class. She is also a frequent speaker at  industry events. 

In 2017, RMAI created the President’s Award which recognizes an individual for outstanding  contributions and services to the association and membership. The award goes to someone serving on 

an RMAI Committee who is selected because of their contribution to committee goals and their  innovative ideas helping further the success of RMAI.  

Integrity Award 

RMAI awarded the Integrity Award to Amber Russo, President of Kino Financial Co., LLC. After being an  active member for many years, she joined the RMAI Board in 2022. She is a consummate advocate for  the industry. Over the past year, Amber has led the fight against the Arizona ballet initiative that would  

amend exemptions and largely do away with post judgment wage garnishment in Arizona. She has  spoken out to defend the industry and protect RMAI members, small businesses, and those in Arizona  who would be negatively affected by this initiative. She has helped coordinate industry organizations  ensuring they all worked together to voice opposition, and developed the playbook for future ballot  initiative threats. 

The Integrity Award is RMAI’s award which recognizes an individual from an RMAI member company for  demonstrated integrity in action, either professionally or personally. The recipient of this award is an  individual who has demonstrated integrity through specific actions which have contributed positively to  the receivables management industry or the individual’s community. 

About RMAI 

Receivables Management Association International (RMAI) is a nonprofit trade association representing  more than 600 companies that purchase or support the purchase of performing and nonperforming  receivables on the secondary market. The RMAI Receivables Management Certification Program is  celebrating its 10th anniversary in 2023. Together with RMAI’s Code of Ethics, the Certification Program  sets the global standard within the receivables industry due to the rigorous uniform standards of best  practice which focus on protecting consumers. More information about RMAI is available at  www.rmaintl.org. 

RMAI’s 2023 Annual Conference brings together stakeholders in the receivables management industry— welcoming attendees and exhibitors, presenting highly-respected educational programming, and  numerous networking opportunities with key participants, including debt buying companies, collection  law firms, collection agencies, brokers, vendors, major creditors, and international members.

DULUTH, Ga. — Crown
Asset Management values community
involvement and charitable giving and believes in the duty and power of private
corporate giving and sponsorship of charitable outreach efforts to strengthen,
unite, and improve the communities where they live and work. The team routinely
dedicates resources to being a positive business presence in the local area and
strengthening their local communities. As a business that values stewardship
of resources, the team provides this annual review to share and report
to creditors and network partners a glimpse of what they have been doing
throughout the year. 

Driving Donations

Part of the success of CAM’s charitable efforts comes from the
individual generosity of team members themselves. The team embodied the core
values of excellence, integrity, reliability, respect, teamwork, and leadership
to coordinate and participate in multiple drives in 2022, including a spring
canned food drive, a back-to-school supply drive, and a holiday toy drive.

 

“The staff is driven to use the organizational resources that
we have in place as a business to foster charitable personal involvement and a
culture of giving. I’m truly in awe of such a generous team of caring people,
and I continue to be impressed and inspired by their selfless and
enthusiastic participation in community outreach efforts,” said Brian
Williams, CEO. 

CAM-athon for St. Jude’s

In celebration of Giving Tuesday, Crown Asset Management held a
CAM-a-thon to raise funds for St. Jude
Children’s Research Hospital. CAM employees raised $1,595 by
donating $1 per mile walked, jogged, and run during Thanksgiving week. CAM
matched employee donations for over $3K in total donations to St. Jude
Children’s Research Hospital!

Charitable Event Sponsorship

Crown Asset Management was honored to join as a sponsor in Omaha,
NE for FNBO’s 13th Annual Charitable Golf Outing to help raise money for
the United
Way of the Midlands. The organization invests 92 cents of every dollar donated back
into their community. Their office is ranked #7 out of 1,200 United Ways across
the country for campaign performance. Donations fund vital local programs that help
neighbors meet their basic needs, receive education and become financially
stable.

Juvenile Diabetes Research

Crown Asset Management was also a Sponsor of the Juvenile Diabetes Research
Foundation (JDRF) Atlanta
Hope Gala. Sarah Pittman, Legal Services Manager, and her husband Todd,
attended the gala representing Crown. The event was held at the
InterContinental Hotel in Buckhead, in Atlanta on May 7, 2022. Sarah’s daughter,
Olivia, was diagnosed with Type 1 Diabetes in March of 2020. JDRF provides
life-changing research for Type 1 Diabetes while waiting for a cure. Sarah
states, “I am honored to have had the opportunity to attend the 2022 JDRF
Hope Gala. 2.14 million dollars were raised with various sponsors, donations,
and auction proceeds. These funds will go directly to Type 1 Diabetes
research.”

Honoring Veterans

One of the great joys early in the year was seeing the Cresswind
Veteran Organization enjoy fellowship and fun at the USO Tribute Show on
February 20, 2022, at the Asher Theatre in Myrtle Beach, SC. The event, “An
Evening with Bob Hope & Friends – Songs, Dance, and Comedy from Past USO
Shows,” was a fundraiser by The Cresswind LL Veterans, Inc., a 501(c)(3) public
charity in Gainesville, GA. The organization focuses on assisting people
experiencing poverty and homelessness—with special emphasis on veterans and
their families.

 

This brief overview does not include every charitable donation
made throughout 2022, but rather top highlights of the year’s community
involvement. The Crown team looks forward to opportunities in 2023 for
future giving, and being inspired by the efforts of industry creditor and
partner organizations!

About Crown Asset Management

Founded in 2004, Crown
Asset Management, LLC, is a professional receivables management firm that outsources
purchased accounts to a nationwide, proprietary network of collection agencies
and law firms. Utilizing a cutting-edge predictive analytical model during
pre-purchase portfolio due diligence, our team focuses on achieving appropriate
financial returns while ensuring the best possible experience for consumers. We
are an RMAI Certified Receivables Business headquartered in Duluth, GA.

DULUTH, GA — Crown Asset Management, a receivables management and acquisitions firm headquartered in Duluth, GA, is pleased to announce several new promotions. These promotions are an opportunity for CAM to recognize the outstanding contributions each person has provided to their respective departments and to the company as a whole. Please join CAM in congratulating these individuals on a job well done, resulting in a much-deserved promotion.

Organizational Restructuring

Brian Williams, CEO of Crown Asset Management reports, “CAM Executive Leadership has taken this opportunity to think strategically about the overall organizational structure of the company, leading to promotions and changes in roles and responsibilities across CAM. The primary goal of this review/re-organization is to improve organizational functionality by enhancing communication, collaboration, and efficiency throughout the entire enterprise. A substantial amount of thought was put into this re-alignment, and CAM leadership believes the new organizational structure will position CAM well for future growth.”

Executive Leadership Promotions

Shawn Bradley, Chief Strategy Officer

Shawn Bradley has been promoted from Senior Vice President, Finance & Corporate Strategy to Chief Strategy Officer. Shawn joined Crown in 2020 and has been highly involved in multiple areas at CAM including strategic planning, capital markets, deal sourcing, fundraising, infrastructure buildout, data analytics, and project management. In his expanded role, Shawn will be responsible for formulating Crown’s corporate vision and strategy, overseeing strategic planning, and leading strategic initiatives, including top line asset and revenue diversification, improved automation, data mining, and cost reductions to enhance enterprise value. Shawn has extensive experience in banking and finance, which includes lending to non-bank financial institutions focused on near-prime and non-prime consumer markets as well as distressed debt purchasers.

Joel May, General Counsel & Chief Compliance Officer

Joel May has been promoted from General Counsel to General Counsel and Chief Compliance Officer. Prior to joining Crown in 2022 as General Counsel, Joel developed extensive consumer financial services legal and regulatory compliance knowledge as in-house counsel for a leading consumer lender. Since joining Crown as General Counsel, Joel has provided company-wide legal and regulatory advice as well as participating in the review and negotiation of numerous debt purchase agreements. In his expanded role, Joel will oversee Crown’s Compliance Management System and ensure that it stays up to date with all legal and regulatory changes.

Senior Leadership Promotions

Jessica Kagansky, SVP, Risk Management

Jessica Kagansky has accepted the new role of Senior Vice President, Risk Management.  Since joining Crown in 2012, Jessica has held the positions of Director of Outsourcing, VP of Operations, and SVP of Operations, and she has been a key contributor to the continued growth and shape of the organization. As Crown has continued to grow, it has become necessary to look at risk management strategically and from a holistic organizational perspective. In this new position, Jessica will work to develop, implement, and manage an Enterprise Risk Management strategy. Jessica will be responsible for identifying operational, procedural, reputational, regulatory, and litigation-related risks that could impact the entire organization and will be working cross-departmentally to help mitigate these risks. Since first entering the accounts receivables management industry in 1996, Jessica has spent more than 25 years working in a management or executive capacity. Jessica will bring her extensive industry expertise to this critical new role.

Bob Deter, SVP, Portfolio Acquisitions

Bob Deter has been promoted from Vice President, Business Development to Senior Vice President, Portfolio Acquisitions. Since joining CAM in 2018, Bob has led our expansion in the distressed debt purchasing arena. While expanding our Issuer relationships, he has also expanded our engagement with industry associations. Bob has deeply rooted knowledge and experience in the distressed debt market, on both the sale and purchase side of transactions. Additionally, he has knowledge and experience in managing Quality Implementation, Training and Development and Regulatory Compliance.  

Rebekah Luebcke, SVP, Operations

Rebekah Luebcke has been promoted from Vice President, Operations to Senior Vice President, Operations. Rebekah joined Crown Asset Management in 2017, bringing over 15 years of customer service and management experience in the accounts receivable management and payment processing industries. She has overseen many of Crown’s extensive daily activities and will work as SVP of Operations to ensure Crown is operating at maximum efficiency.

Lisa Scoggins, SVP, Project Management

Lisa Scoggins has been promoted from Vice President, Project Management to Senior Vice President, Project Management. Since joining CAM in 2018, Lisa has successfully managed many operational and company-wide initiatives including the successful upgrade/conversion of CAM’s core processing system. She spearheaded the refinement and implementation of enhanced process documentation standards, as well as the planning and coordination of CAM’s pandemic response plan. Most recently, Lisa implemented a formal Project Management Policy for CAM and is working throughout the organization to operationalize the policy. Lisa is currently supporting several large projects and provides support to departments managing their own projects. She has over 20 years’ experience across all phases of account management, receivables management, banking operations and general operations with an emphasis on large complex projects, system conversions, implementations, and process improvements.

Lisa Waldrop, SVP, Legal Services

Lisa Waldrop has been promoted from Vice President, Legal Services to Senior Vice President, Legal Services. Lisa joined Crown Asset Management in 2015, bringing 31 years of experience in the financial and legal debt collection industries, holding management positions within various segments of the market including legal servicing, debt buyer support, data management, process improvement, and consulting for marketplace support models. Just prior to joining Crown Asset, she was the Executive Vice President of RNN Group, LLC where she used her knowledge of the industry to create, implement, and manage a legal support product catering to law firms and financial institutions. Lisa gained extensive industry knowledge during her 27 years with a leading creditor’s rights law firm as their Executive Director of Legal Services where she consistently increased productivity and revenue in both Georgia and their National Network through process improvements and strategic data management designs. Lisa’s performance over the last 7 years reflects her commitment to CAM’s growth.

Leadership Promotions

Chris McGill, Director, Human Resources

Chris McGill has been promoted from Manager, Human Resources to Director, Human Resources. Prior to joining CAM in 2021, Chris served as the Senior Regional HR Manager for a large Furniture retailer where she oversaw the entire human capital management for approximately one-thousand employees in seven states. Chris has over 20 years of experience as a trusted advisor with leadership teams on the execution of strategic and tactical HR processes including employee relations, talent acquisition, performance management cycle and talent management and development.

Annie Gonzales, Director, Audit & Compliance

Annie Gonzales has been promoted from Manager, Audit & Compliance to Director, Audit & Compliance. Annie joined CAM in 2021, bringing extensive compliance and audit management skills from her previous roles within the industry. Prior to joining CAM she successfully developed staff and significantly improved overall client auditing scores. Simultaneously she enhanced and simplified relevant policies and procedures related to federal and private student loans, medical and various financial services at Financial Asset Management Systems, Inc.

Mike Kowski, Media Manager

Mike Kowski has been promoted to Media Manager. Mike has been a valued member of the CAM family since 2018. Mike has a deep knowledge of the collection industry after spending 23 years in collections in various roles from Debt Collection Manager, to IT Liaison, to Performance/Relationship Analyst for a Fortune 100 credit issuer. We look forward to his continued contribution to the success of CAM in his new role.

Audit & Compliance Support

Dave Ross, Compliance Auditor

Dave Ross has been promoted from Senior Compliance Specialist to Compliance Auditor. Dave joined CAM in September 2021 with 17+ years of industry experience. Dave has brought exceptional energy and enthusiasm to CAM that he continues to illustrate while driving towards the departmental goals and objectives of Audit & Compliance.

Legal Services Support

Several team members have earned well-deserved promotions within our 16-person Legal Services Support team. CAM is grateful for their attention to detail, team collaboration, and dedication to quality:

• Christi Mackiewicz, Legal Document Team Lead
  
• Amy Mitchell, Operations Support Team Lead
  
• Uvonda Brooks, Senior Operations Support Specialist

Again, congratulations to all! We look forward to continuing to grow together in 2023.

About Crown Asset Management

Founded in 2004, Crown Asset Management, LLC, is a professional receivables management firm that outsources purchased accounts to a nationwide, proprietary network of collection agencies and law firms. Utilizing a cutting-edge predictive analytical model during pre-purchase portfolio due diligence, our team focuses on achieving appropriate financial returns while ensuring the best possible experience for consumers. Crown Asset Management is an RMAI Certified Receivables Business headquartered in Duluth, GA.

Increasing state regulation has proven to be VERY tricky to navigate for callers these days.

The Troutman Firm obviously has great resources around state registration and calling requirements, but it remains critical to follow state-specific case law trends to see how regulations are being applied.

In Laccinole v. GulfCoast Collection, 2023 WL 157719 (Jan. 11, 2023 D. R.I.) the Court confirmed a debt collector can face CRIMINAL penalties under state law for failing to register as a debt collector with the state under R.I. Gen. Laws § 19–14.9–12 and 19–14.9–13.

And that’s too bad because the rest of the ruling was peaches and cream.

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In Laccinole Plaintiff claims he received calls made with an ATDS and prerecorded voice without consent. But the Court threw out all of the TCPA claims on a motion to dismiss determining the Plaintiff had failed to allege facts demonstrating either an ATDS or prerecorded voice was used. So the case was given the old heave hoe.

The individual defendants–employees of Gulf Coast that Laccinole decided to sue personally “because they are corporate officers at Gulf Coast who have a role in formulating compliance procedures”– were dismissed for lack of personal jurisdiction since they live out of state. So, that’s good too.

And the Court even threw out the common law privacy claim determining that the calls and letters Plaintiff received intended for the former owner of the phone would not be highly offensive to a regular person since all the guy had to do–presumably–was say “stop.”

But then we get to Laccinole’s claim under R.I. Gen. Laws § 9–1–2–a state law provision allowing civil recovery for harms caused by criminal acts–and the wheels fall off the wagon:

“To sufficiently plead a claim under § 9–1–2, Mr. Laccinole must plead an underlying criminal offense. See, e.g., Getty Petroleum Mktg., Inc. v. 2211 Realty, LLC, Civil Action No. 11–40003–FDS, 2012 WL 527655, at *7 (D. Mass. Feb. 16, 2012) (“Although ‘[i]t is not necessary for the [claimant] to allege the commission of the crime, which is the basis of his claim for damages, with the technical accuracy required in the criminal complaint[,] … it must be described sufficiently for identification.’ ” (quoting Williams v. Smith, 68 A. 306, 308–309 (R.I. 1907)). Mr. Laccinole alleges that Gulf Coast acted criminally when it failed to register as a debt collector.

The Court agrees with Mr. Laccinole’s position at this time.3 In light of the fact that his RIFDCPA counts live beyond this Order, the Court DENIES Gulf Coast’s motion as to Count XXII because there are outstanding issues relating to his allegations that Gulf Coast failed to register as a debt collector in Rhode Island. See Laccinole v. Twin Oaks Software Dev., Inc., No. CA 13-716 ML, 2014 WL 2440400, at *7 (D.R.I. May 30, 2014), aff’d (Apr. 27, 2015) (noting that while failure to register as a debt collector does not give rise to a private cause of action, it is a “misdemeanor, which exposes the scofflaw to fines up to $2000 or imprisonment for not more than a year, or both). While Mr. Laccinole’s allegations as to his actual injuries resulting from Gulf Coast’s failure to register are thin, the Court DENIES Defendants’ Motion to Dismiss Count XXII pending resolution of his RIFDCPA claims.”

Since the Rhode Island statute allows a debt collector to be tossed in jail for failing to register with the state, Laccinole was allowed to sue the collector in civil court for damages arising out of that failure.

While I see a pretty big causation issue here–the failure to register didn’t CAUSE the harm–the bigger issue is that debt collectors (like marketers and data brokers) need to pay attention to STATE registration laws. They matter–and they could land you in prison if you don’t pay attention!

Read the Order Here. 

HUTCHINSON, Kan. — National
Credit Adjusters, whose mission is to
bring integrity, professionalism, and the highest standards of compliance to
debt servicing, is proud to announce that they have recently donated to their
local TECH organization. Based in Hutchinson, KS,
the Training and Evaluation Center of Hutchinson (TECH) provides services and
programs to help adults with intellectual and developmental disabilities to
live the fullest lives possible. Additionally, TECH provides service
coordination to families with children who have intellectual and developmental
disabilities.

 

“This donation represents our ongoing commitment to supporting our
communities, continuing the legacy of our founder Richard Smith,” says Tyler Rempel, CEO of National Credit Adjusters. “This donation to the TECH Gala Live Auction gave us the unique
opportunity to support TECH, and our community in one worthwhile moment.” 

The TECH Pillars

TECH was founded in 1973 and has since helped thousands of Reno
County residents achieve a sense of normalcy with their disability. TECH
focuses on four key pillars—Independence, Self-Worth, Creativity, and
Connection. No matter who TECH serves, they help families make the best choices
for their loved ones. TECH facilitates the opportunity to be creative, to dream
and to become inspired. By providing a place to grow and to gain a sense of
self-worth, the TECH pillars encourage each person to reach the highest level
of independence possible. 

 

One of the many ways TECH helps local residents is through the
annual TECH Gala, held at the end of November each year. This year, NCA donated
towards the Live Auction, helping the organization raise money for the coming
years. The TECH Gala helps support the dozens of events, services, and
opportunities they provide the community each year ranging from service
coordination with families to a fully realized TECHnology Lab where they help
disabled children and adults explore opportunities with science and
mathematics. 

The NCA Way

Doing business ethically and honestly is the foundation of
National Credit Adjusters, and our continued involvement in our community
allows us to remain a more stable, coordinated organization. National Credit Adjusters has worked extensively inside our
communities both in the US and Jamaica, and continues to
work closely with industry partners to help better educate the public on financial best practices. 

 

These pillars of our organization have helped transform NCA from a
local collection agency to a nationally recognized organization focused on
providing the very best recovery services for consumer installment and online
lending, with extensive experience in auto loans, lease to own, consumer loans,
fintech finance, short term loans, and retail lines of credit.

 

To reach out to TECH, or to make a donation to the organization, visit their website. 

About TECH

Based in Hutchinson, Kansas, TECH provides services and programs
to help adults with intellectual and developmental disabilities in Reno County
to live the fullest lives possible. Since 1973, TECH has provided service
coordination to families with children who have intellectual and developmental
disabilities.

About National Credit Adjusters, LLC

National Credit Adjusters, a
privately held company, has specialized in purchasing and servicing delinquent
account receivables since 2002. Their primary area of acquisition is consumer
installment and online lending. NCA stays current on industry standards through
ongoing research, automation, analytics, and process evaluation. NCA focuses on
strong performance while adhering to compliance standards through constant
quality training and employee development. Whether purchasing, servicing, or
selling debt, NCA conducts all business with respect and fairness. For more
information, visit https://ncaks.com.

COLUMBUS, OH – Reliant Capital Solutions, LLC (Reliant), a certified woman-owned business, has acquired Municipal Collection Services, LLC (MCS).  The acquisition advances the company’s position as a burgeoning leader in the accounts receivable management (ARM) sector servicing government, education, healthcare, consumer, and commercial clients.

“We are thrilled to welcome MCS to the Reliant family and expanding our footprint in the local government sector” remarked Reliant CEO Margie Brickner.  “MCS and Reliant share the same commitment to our clients and employees, and serve our clients and consumers with integrity, transparency and professionalism.”

Established in 2007 by Margie Brickner, Reliant started with a focus on compassionate collection of higher education debts, but has since expanded its service offerings to encompass first- and third-party account servicing and call center solutions for a broad range of industries.  Through this strategic acquisition, Reliant enhances service capabilities for municipal clients and provides MCS with a broad range of omni-channel and other technological capabilities to improve the recovery results for its clients.

About Reliant Capital Solutions

Reliant Capital Solutions, LLC (Reliant) is a national, woman-owned accounts receivable management (ARM) firm delivering professional debt collection and call center solutions with a focus on customer care.  Reliant is an ethically-focused and results-driven business partner committed to serving as a trusted ambassador between your organization and those it serves.  For more information, contact jkarrer@reliant-cap.com or visit www.reliantcapitalsolutions.com.