Rochester, N.Y. — Continental Service Group, Inc., d/b/a ConServe, a leader in the collections industry, proudly announces that it has added Alicia McKeighan to their Compliance department in the role of Associate Vice President, Compliance.  In this new role at ConServe, McKeighan will oversee the company’s compliance and ethics team, by working closely with ConServe leadership, employees, Clients and their Consumers to ensure best-in-class compliance practices.

With over 37 years of success in the industry, ConServe has defined itself as an innovator and role-model in the field while effectively redefining collections by understanding that compliance matters.   

“We are thrilled to add Alicia to the ConServe team,” said Pam Murphy, ConServe Vice President of Compliance and Privacy Officer.  “Amidst the dynamic changes in the collection industry over the years, our focus on ethics and compliance ensures the highest standards of compliance, ethics, risk management and increased corporate governance.  Expanding our team and bringing on Alicia anchors that commitment.”

McKeighan has been in the accounts receivable management industry for 13 years and was formerly the Chief Compliance Officer at Afni, Inc.  During her 13 years in the industry, she has acquired experience in litigation management, regulatory interactions, service provider oversight, complaint handling, credit reporting, audit and monitoring, policies and procedures, and training.  She has served on ACA International, Inc.’s (ACA) Ethics Committee and Federal Affairs Committee in past years. Additionally, she was a member and active participant in InsideARM’s Consumer Relations Consortium.  She also held the Credit and Collection Compliance Officer (CCCO) and the Scholar and Fellow designations with ACA International.  Alicia is based in central Illinois and loves spending time with her family.  McKeighan states, “ConServe’s commitment to doing the right thing at the right time, the right way, aligns well with my personal values.  I am eager to join ConServe and its best-in-class compliance team to reinforce and strengthen ConServe’s efforts and commitment to Fostering Financial Freedom® for their Clients and their Consumers.” 

About ConServe

ConServe is a top-performing accounts receivable management service provider specializing in customized recovery solutions for their Clients.  Anchored in ethics and compliance, and steadfast in their pursuit of excellence, they are a consumer-centric organization that operates as an extension of their Clients’ valued brands.  For over 37 years, they have partnered with their Clients to provide unmatched customer service while simultaneously helping them achieve their accounts receivable management goals.  Visit us online at: www.conserve-arm.com

On August 30, the California Department of Financial Protection and Innovation (CA DFPI) published a notice of rulemaking action, proposing amendments to the Student Loan Servicing Act.

According to the CA DFPI, when the Student Loan Servicing Act first became effective in 2017, student loans contained traditional student loans, defined in the proposed rules as federal student loans, and private student loans offered by traditional lenders, such as banks and credit unions. In the last five years, education financing products, such as income share agreements and installment contracts, have emerged. The proposed rules clarify that such products are student loans, and servicers of such products are covered by the Student Loan Servicing Act and must be licensed.

The proposed amendments’ stated objectives include:

• Clarifying that all education financing products are student loans within the definition of student loan in the Student Loan Servicing Act and the Student Loans: Borrower Rights law;

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• Clarifying that servicers of all education financing products must be licensed as student loan servicers under the Student Loan Servicing Act;

• Clarifying that servicers of all education financing products are subject to and must comply with all laws applicable to student loan servicers;

• Defining terms used in the rules relating to education financing products;

• Specifying that servicers of all education financing products must submit an annual report to the department regarding the volume and dollar amount of all education financing products serviced during the previous year on the form specified by the CA DFPI; and

• Revising certain existing regulations to remove requirements deemed unnecessary, based on the CA DFPI’s experience administering the Student Loan Servicing Act, to reduce regulatory burden.

The notice triggers a 60-day comment period (ending October 28) for interested parties to submit comments.

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DENVER, Colo. — Harvest Strategy Group is pleased to announce the addition of Pete Klipa as Chief Operating Officer. Mr. Klipa brings 20 years’ executive experience in the accounts receivable space with a strong consumer-focused perspective. His experience includes eight years with Discover Financial Services as senior manager of recovery. Mr. Klipa will be a valuable asset to the team, as well as to Harvest’s clients and vendor partners, as he brings his cross-functional leadership background to further the quality, efficiency, expertise, and performance on which Harvest has built its reputation. 

“Pete has a proven ability to successfully manage large scale recovery operations, analyze processes and performance, and implement sophisticated operational standards and growth metrics. Pete’s talent and expertise will also support our growth and diversification objectives,” said Brad McCurnin, President and CEO at Harvest.

“I’m
excited about the opportunity to apply my strengths and experience for the
benefit of a great company, our partners, and the consumers we serve. When the
role presented itself and I met the team, I knew this was where I belonged at
this point in my career. With Harvest’s analytics-driven operations and strong
vendor network, I know we’ll do great things together,” said Mr. Klipa.

Mr.
Klipa spent 2018-2022 as SVP of Creditor Relations for the National
Foundation for Credit Counseling in Washington, DC.
There he directed creditor activities by developing, implementing, and
maintaining proactive and positive relationships with and between financial
institutions, member agencies, and the organization. He served as an advocate
for consumers, engaged with the top twenty credit card operations and
marketplace lenders, optimized operations, and implemented emerging
technologies. Mr. Klipa also met with the CFPB and OCC regarding strategy and
regulatory opportunities. 

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From
2003-2018, Mr. Klipa established his robust loss mitigation and recovery leadership
capacity in several long-term management and executive roles across the
accounts receivable management industry including American Credit Acceptance,
Discover Financial Services and NiSource Corporate Services. He managed
recoveries for major companies in the utility, credit card, and automotive
finance fields, building out operations, managing vendor relationships,
providing performance oversight, producing valuable metrics tracking and
analysis systems, and measurably boosting performance.

After
earning his B.S. in Mathematics and Business Administration from Otterbein
College in Westerville, OH, Mr. Klipa originally began his career with the
United States Air Force as a Cost Analysis Officer in the Electronic Systems
Center at the Hanscom Air Force Base in Massachusetts. During this time, he
earned his M.S. in Systems Management from Western New England College. He then
spent ten years in finance and analyst roles for a utility provider in Ohio,
accumulating increasing knowledge and responsibilities until becoming the
company’s Director of Revenue Recovery. 

About Harvest
Strategy Group

Harvest
Strategy Group provides single-point-of-contact,
nationwide recovery management services for banks, finance companies, debt
buyers, and credit unions. The company fosters an entrepreneurial environment
and encourages its staff to challenge boundaries, think outside the box, and feel
a sense of ownership and accountability for results. Harvest’s mission is to
lead the accounts receivable management industry through strength in
partnerships, exceptional service, and the delivery of superior results. To
join the team, apply
to Harvest Strategy Group online.

Thanks to inflation and complications following government programs, tax season did not go as planned for many collections & recovery executives this year. Companies who do not prepare adequately for the ’23 tax season will be disappointed again.

Though tax season is still a few months away, there’s more pressure than ever on collections & recovery executives to take advantage of this upcoming season.

Why? Because for many companies, the 2022 tax season was a big disappointment.

Delinquencies were high. As they surged in the first quarter of 2022, consumers ushered in April still dreaming of paying down debt with their refunds. But the traditional windfall never came.

In 2022, due to student loan freezes, unemployment relief programs, the expanded Child Tax Credit, and more, many people didn’t receive their traditional “lump sum” tax refunds in the amounts they might have anticipated.

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A similar surprise awaited collectors, debt buyers, and creditors. As these groups entered the first post-Reg F tax season, expectations were high; after all, risk had increased, and so had investments in omnichannel strategies and QA process changes. Immediate revenue requirements were, naturally, top of mind. Meanwhile, the perfect labor market equation doesn’t exist in consumer finance. Hiring and training effective agents is so challenging that it can make successful operations — and therefore, successful conversations with borrowers and debtors — feel just out of reach.

Plus, inflation hit hard.

When April stormed in, all of these conditions came together to disappoint the ARM industry. Call after call, consumers surfaced themes of inflation and reduced refunds. It was no one’s fault. But we can learn from it. It’s up to collectors and those who purchase or service debt to understand that a repeat of last tax season could be in the cards if they remain unprepared.

Preparing for Tax Season: Prioritize Outcomes

There’s more pressure than ever to make tax season 2023 a success. The competition is stiff on two fronts:

1. Collectors have to participate in a race against one another to be the first to contact a borrower at the right time. They must get the proper place in line in order to make additional contact later that remains within regulations, and in order to remain top of mind for the borrower when a windfall does come.
   
   
2. Collectors compete against the borrower’s other debt types (again, in many ways due to Reg F frequency rules, but also due to the borrower’s financial status), and so must understand the state of that mix, as well as the financial state of the borrower, in general.
   

These races aren’t won by speed, but by preparation

What does preparation entail? Not only do collections & recovery departments need to find new ways to increase their likelihood of a right-party contact, but they also need to ramp up their understanding of payment intent. And, perhaps most importantly, they need to commit to making every conversation the most effective conversation.

Focus on outcomes and how technology can help

Last tax season made the collection industry’s urgent need for technology more clear than ever. We all saw how critical it is for debt servicers to both create opportunities and then appropriately capitalize on those opportunities.

In theory, it sounds easy: Get someone on the phone and have a productive conversation. But is it really possible to know what makes a conversation successful without accurate, contextual understanding of those conversations — and access to information about their results?

Without the aid of an advanced analytics solution and an optimization strategy that makes use of it, agencies and collections & recovery departments will flounder again in 2023. The plan, then, is to make software decisions now to meet the urgent need.

September and October: Optimization Season

To summarize, in order to avoid a repeat of The Great Tax Season Disappointment of 2022, collectors, debt buyers, and creditors should focus on two elements of their collections strategy, starting right now:

1. Maximizing outreach opportunities
   
2. Optimizing the value of every conversation

Why now?

While it’s never too late to improve your operations, planning and preparing for tax season success can’t be just another headache come January. That kind of pressure will leave it perfectly positioned for de-prioritization (again), and you’ll end up continuing to try to get ahead only after you’ve fallen behind.

Instead, plant the seed and stash the acorns today. It’s a lot better to start now if you want to reap rewards in Spring.

Start simple with software selection

Through accessible insights, automated QA, automated call notes, real-time assistance, and other high-value applications of AI and machine learning, you can reach more borrowers at the right time. Then, when conversations do happen, you can easily guide them toward ideal outcomes, making for a better tax season than the last one — all while avoiding the risks brought by Reg F.

POTOMAC, Md. — As an event focused on getting more women to the decision-making tables where products are designed and policy is set, Women in Consumer Finance is committed to helping important causes not only within our community but across our wider society. The WCF Community Impact Program supports organizations that provide life-changing opportunities to women and girls of color.

We are grateful to have support this year from NCB Management Services, Inc. and Bridgeforce, which allows us to make substantial donations to these organizations:

LIFT employs a unique coaching model to help parents break the cycle of poverty for their families. Through their own hard work – and with LIFT’s support – parents create greater financial stability and career opportunities and set their families up for success. They have obtained college degrees, purchased homes, paid off credit card debt, built child savings accounts, and started businesses — all proven factors of a better future for their children. 99% of LIFT members are people of color; 93% are women. LIFT was recently featured in Forbes.

For the Good targets areas in Kenya where school enrollment is low, especially among girls. Despite considerable progress globally in primary school enrollment over the past twenty years, there continues to be low transition to secondary school. All of the data points to the critical role education plays in increasing incomes and improving health for women and their families. More importantly, it brings agency and power to half of the world. FTG works directly with communities and parents to address the myriad barriers to keeping girls in school.

“We are incredibly proud to sponsor an event that has literally revolutionized “the voice” of women in consumer finance. As an organization, we are committed to the support and investment in our female work force to ensure that they always have a place at the table. There is no doubt that we are a better organization for doing so,” said Ralph Liberio, President & CEO of NCB Management Services, Inc., which is supporting this program for the second year in a row.

“Through our work in the industry, we recognize that poverty is often inherited and women, especially those of color, sometimes encounter obstacles in the business world. These strong women are eager to work hard and make a better life for their families – they just need some support and guidance,” said Michelle Macartney, Managing Partner of Bridgeforce. “As part of our commitment to promoting women in business and serving as a good industry steward, we are proud to sponsor Women in Consumer Finance and serve as a Lead Community Impact partner to provide that support.”

About Women in Consumer Finance

Women in Consumer Finance is an event and community for women at all levels in the context of a common industry. If you work in any role at a lender, creditor, servicer, law firm, technology or service provider, or regulator, this event is for you. We provide inspiration, a guiding hand, and a support system women can leverage to recharge their careers and deliver value to their employers. WCF is not about compliance, best practices, or even finance. It’s about women, our common professional challenges, and how to tell our own career story – no matter where we are on our professional journey. We take a unique approach to building confidence, connection, and careers. There is nothing else like it. WCF 2022 takes place in person in Palm Springs, California on December 5-7. (more at www.womeninconsumerfinance.com)

About NCB Management Services, Inc.

NCB Management Services, Inc. was established in 1994 and is headquartered in Trevose, PA with satellite offices in Jacksonville, FL, Sioux Falls, SD, and Lincoln, NE. NCB is a well-recognized and admired leader in the Accounts Receivable Management (ARM) Industry as a national collection agency as well as a national debt buyer of unsecured consumer credit products and asset classes. The company is a customer-centric, regulatory-compliant organization with a robust infrastructure that has blended many years of experience with the latest in new information systems and communication technology. NCB has developed a reputation as a valued business partner, providing superior customer interaction and achieving maximum results while protecting our clients’ valued reputation. (more at www.ncbi.com)

About Bridgeforce

Bridgeforce helps financial services companies of all sizes bridge the gap between pressing challenges and emerging opportunities to succeed and thrive. Whatever the need, we bring a unique combination of skill, talent, and insight to the project—and the right people armed with direct and relevant experience. We are thinkers and doers known for our extraordinary commitment and hands-on approach to providing the best recommendations—as well as practical, actionable, and measurable solutions. Our approach results in extraordinary value for our clients’ investments and sustainable positive change for the future. (more at www.bridgeforce.com)

In a recent Tenth Circuit decision, the Court of Appeals considered whether an alleged violation of the Fair Debt Collection Practices Act (“FDCPA) was material under a “reasonable consumer” standard rather than a “least sophisticated consumer” standard. See Tavernaro v. Pioneer Credit Recovery, Inc., No. 20-3219, 2022 WL 3153234 (10th Cir. Aug. 8, 2022).

In Tavernaro, the plaintiff borrowed money to pay for schooling and subsequently defaulted on the loan. The debt was sold to a federal student loan guaranty agency, which then contracted with the defendant debt collector to help collect the debt. In an attempt to collect the debt, the defendant sent the plaintiff’s employer a packet with an Order of Withholding from Earnings, which required the plaintiff’s employer to withhold a portion of his earnings and remit the withheld wages to the debt collector.

The federal student loan guaranty agency’s logo was displayed on the first page of the letter at the top-right corner and the letter clarified that the agency held the loan. On the second page of the letter, near the middle of the page, the debt collector was named in the letter. Specifically, the letter stated, “Pioneer Credit Recovery, Inc. is assisting ECMC with administrative activities associated with this administrative wage garnishment.” The letter instructed the employer to remit payment to the debt collector and provided the debt collector’s mailing address. After the employer withheld a portion of the plaintiff’s wages and garnished the funds to the debt collector, the plaintiff filed a class action lawsuit against the debt collector claiming that it violated Sections 1692e and 1692f of the FDCPA. The plaintiff asserted that the debt collector used the federal agency’s name and logo on the first page of the letter to deceive the reader into believing that the agency was the sender of the letter.

The district court dismissed the plaintiff’s complaint for failure to state a claim finding that the alleged facts were insufficient to establish materiality for purposes of Section 1692e. Specifically, the district court concluded that the allegations did not even raise the possibility that the letter was materially misleading under the least sophisticated consumer standard because the plaintiff failed to allege how knowledge of who mailed the letter was material to his, his employer’s, or the least sophisticated consumer’s response. Since the court found the letter was not misleading for purposes of the Section 1692e claim, the court further concluded that the letter was not unfair or unconscionable under Section 1692f.

While the Tenth Circuit affirmed the district court’s decision, it found that materiality should be measured through the perspective of the “reasonable consumer” rather than that of an “unsophisticated consumer.” The Tenth Circuit cited the Supreme Court’s 2016 decision, Sheriff v. Gillie, in which the Supreme Court stated that it has yet to decide “whether a potentially false or misleading statement should be viewed from the perspective of the least sophisticated consumer . . . or the average consumer who has defaulted on a debt.” 578 U.S. 317, 327 n.6 (2016). The Tenth Circuit also focused on how the reasonable person standard is “well ensconced in the law in a variety of legal contexts in which a claim of deception is brought” and emphasized the Federal Trade Commission’s use of a “reasonable consumer” standard to protect consumers from false advertising and the “reasonable consumer” standard application of the Truth-in-Lending Act.

The Tenth Circuit certainly got it right by recognizing that courts often construe the hypothetical consumer to be more sophisticated than the actual least sophisticated consumer and that “in reality the standards are comparable in practice” as even under the least sophisticated consumer standard, courts agree that an interpretation of a collection letter cannot be bizarre or unreasonable. The “reasonable consumer” standard more accurately reflects the standard that is used by courts when considering Section 1692e claims under the FDCPA.

You can find the opinion here. 

The 11th Circuit’s September 8, 2022 Opinion dismissed Hunstein (Opinion)[1]. That’s good news, right? It is, but debt collectors cannot assume all of the industry’s Hunstein-related problems are gone. The opinion did not completely address the underlying issue nor serve as a permanent bar to these types of actions in all courts, which means Hunstein can absolutely continue to affect the industry. Read on for a practical breakdown of the Hunstein dismissal, what it says, what it doesn’t say, and what it all means.

Confused? You’re not alone. If the dismissal was unequivocally good for the industry, how can the Hunstein problems still exist? The answer is in the legalese of the 80-page Opinion. 

Here are the top four things you need to know about the dismissal: 

1. The case was dismissed because Mr. Hunstein lacked the standing to bring it.

While it may seem like a procedural nuance or irrelevant legalese, to understand the future of Hunstein-type cases, it is crucial for debt collectors to pay attention to why the case was dismissed.  

“[F]ederal courts have limited jurisdiction” (Opinion- page 7). Part of this limitation requires the party bringing an action in federal court to have what is called “standing” to bring the action. “Standing” requires a legal analysis which includes, in part, a determination regarding whether a litigant bringing a suit has suffered an “injury in fact.” Not every statutory wrong causes an injury capable of supporting standing (Opinion- page 9), and “a pure statutory violation is not enough to establish harm” (Opinion- page 21).

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Citing the U.S. Supreme Court’s 2021 Transunion decision, which held, “no concrete harm, no standing,” the Court explained that to show he suffered an “injury in fact,” Mr. Hunstein would need to tie his alleged harm to an analogous cause of action at common law[2]. The Supreme Court was clear in Transunion that without a comparable common law cause of action, there is no injury, and a standing analysis fails. 

Mr. Hunstein claimed the harm he suffered by the debt collector sending data to a third-party letter vendor was analogous to the common law tort of ‘public disclosure of private facts.’ The majority of the 11th Circuit Court of Appeals judges disagreed, finding that even if the letter vendor’s employees saw Mr. Hunstein’s information, disclosing information to private individuals is not the same as publicly disclosing facts. Therefore, in the Court’s opinion, Mr. Hunstein failed to show any actual harm and lacked the requisite standing to bring an action in federal court. Because Mr. Hunstein’s complaint failed to show he had sufficient standing to bring the action in federal court, his lawsuit was dismissed without prejudice[3]. 

2. The Opinion doesn’t expressly address whether sending data to a letter vendor violates the FDCPA.

You might ask how it can be that the Court dismissed the case but didn’t actually address whether sending data to a letter vendor violates the Fair Debt Collection Practices Act (FDCPA)[4]. The answer to this question lies in the legal reason the case was dismissed. 

There are several different reasons why a federal court might dismiss a lawsuit. In addition to dismissing a case for lack of Article III standing (as was done here), courts can also dismiss claims for the failure to state a claim upon which relief can be granted [5]. Conceptually these dismissals are not alike and they have distinctly different impacts on future cases. 

A dismissal for the failure to state a claim for which relief can be granted means that even on their proverbial “best day in court,” a plaintiff has not alleged anything for which a court can grant relief. In other words, something may have happened, but so what? Conversely, a dismissal based on a lack of Article III standing means that the federal court cannot hear the case. A dismissal granted on this basis does not delve into the allegations and whether a litigant will be successful. Instead, as explained above, it asks, “should this action be brought before this court?” 

In 2019, the Middle District of Florida dismissed Mr. Hunstein’s complaint for the failure to state a claim for which relief can be granted, explicitly holding, “Hunstein is unable to state a claim for relief under the FDCPA because the communication from [the debt collector] to [the letter vendor] was not made in connection with the collection of a debt.” In April 2021, the Eleventh Circuit Court of Appeals’ opinion addressed both issues, holding both that Mr. Hunstein had the standing to bring the action in federal court and that he stated a claim for which relief could be granted (i.e., sending data to a letter vendor could be an FDCPA violation). 

Although the October 2021 substitute opinion focused heavily on the Article III standing issue, it did not deviate from the position that Mr. Hunstein stated a claim for which relief could be granted. In February 2022, after vacating the substitute opinion and deciding a full panel of the Eleventh Circuit would rehear the matter, the court limited the parties’ legal briefs to the standing issue, essentially limiting the argument to whether Mr. Hunstein could file suit in federal court (i.e., standing), not whether the claim itself (sending data to a mail vendor) is a viable cause of action under the FDCPA. 

Consistent with this directive, the September 8, 2022, Opinion and directive to dismiss the case did not address whether sending data to a mail vendor in and of itself is an FDCPA violation. To be clear: they did not say it was a violation of the FDCPA, but they also didn’t say it was not. Instead, as discussed above, the Court parsed through the Transunion decision and the definition of “publicity” to evaluate where Mr. Hunstein had the requisite standing to bring the lawsuit in federal court. That said, the Court opined that they do not believe Congress intended the FDCPA to target debt collectors’ vendor usage (Opinion- page 22).

3. Hunstein copycat suits can still be filed in state courts.

Since the Hunstein Opinion did not resolve whether sending data to a letter vendor violates the FDCPA, it does not preclude consumers from filing Hunstein-style cases in state courts. As explained by Manny Newburger of Barron & Newburger, PC, in this article regarding the dichotomy between state and federal courts, “When a case is dismissed from a federal court for lack of Article III standing, that is not a decision ‘on the merits,’ and the defendant has not ‘won.’ The plaintiff may be able to re-file in state court, depending on the state’s own standing jurisprudence.” In that same article, Mr. Newburger discussed why it might be more beneficial for consumers to file suits in their local state courts. Illustrating this point, there have already been instances where consumers sought to move their Hunstein copycat cases to state courts instead of litigating them in federal court. 

4. Pay attention to the pleadings- others may succeed where Mr. Hunstein failed.

In the Opinion, the Court explained that, as plead, Mr. Hunstein did not meet the threshold requirements for standing. Further, the Court pointed out the ruling is relative only to this plaintiff in this action stating, “[t]he fact that one plaintiff, Hunstein, has not pleaded injury under this statute does not show that no one else can or will” (Opinion- page 23). “Standing inquiry centers on whether a given plaintiff has pleaded an injury, not whether a cause of action is generally proper” (Opinion- page 23). Combine that with the Court noting that “Hunstein did not allege that a single employee read or understood the information about his debt, leaves him with a statutory violation only” (Opinion- page 22), and a case can be made that a different plaintiff pleading differently, might be more successful.

A few other notable points:

• The case was dismissed without prejudice, meaning the allegations can be updated, and Mr. Hunstein can file again. He may also choose to appeal.

• Judge Newsom, who wrote both the original Hunstein opinion and the substitute opinion, vehemently disagreed with the majority opinion and attempted to illustrate a circuit split on the standing issue.

The complete September 8, 2022 Opinion dismissing the lawsuit can be found here.

insideARM Perspective:

The September 8, 2022, Hunstein Opinion was a monumental win, and the above points are not meant to rain on the parade of the ARM industry. That said, dismissing Mr. Hunstein’s lawsuit did not wipe the last 18 months away, and it may not have put the debt collection world back where it was in early April of 2021. Debt collectors should celebrate the long-awaited return to common sense of the Eleventh Circuit but should be careful not to think the race is entirely over like this guy. There might be a few things yet to resolve. 

The ultimate success of any lingering Hunstein issues is another story whose ending is still to be written. As always, debt collectors should proceed cautiously when changing policies, processes, and procedures and keep in mind the defensibility of their actions. 

——-

[1]  Case No: 19-14434 (11th Cir. 2022)

[2] For a concise definition of “common law,” see this article from Cornell Law School’s Legal Information Institute. 

[3] “Without prejudice” means Mr. Hunstein has a limited time frame in which he may file the lawsuit again if he so chooses. 

[4] The statute at issue is 15 USCA 1692c(b).

[5] For more detail on these types of dismissals, see this Thomson Reuters article.

———————————————————————–

Want to make sure you understand the Hunstein ruling? In The Hunstein Ruling Explained: A Guide for Non-Lawyers, a new, short webinar from insideARM and Research Assistant, we’ll translate this dense, 80-page ruling from legalese into plain English and provide a tight set of coherent, practical takeaways on this critical issue, including: 

• How this ruling will affect your Hunstein copycats
• What this ruling means for the future of litigation
• Which precautionary measures you may still need to take with vendors
• If you can use letter vendors without worry in the 11th Circuit

September 19, 2022, at 2 pm EST. Register here. 

AKRON, OH — DebtNext Software announced that Radius Global Solutions received the DebtNext Accredited Partner Certification.  This program includes an on-site review, a detailed interview process with key management associates and a method to demonstrate an agency’s comprehensive policies, procedures, and best practices around the use of the DebtNext Platform(dPlat) across mutual clients. The findings report and certification create a new way for ARM Vendor’s to share its story as an industry leader.

“We are extremely proud to receive the certification as an Accredited Partner with DebtNext. We have been partnering for several years now, and the benefits of having their ‘official Seal of Approval’ are obvious” said Scott Ross, Executive Vice President of Sales, and Marketing at Radius.  He continued that “the third-party assessment has already been shared with our clients and prospects and will be part of our proposals and marketing efforts going forward.” 

“I wanted to take this opportunity to thank Radius Global Solutions for entrusting us to provide our services related to the DebtNext Accredited Partner Certification Program.  We appreciate the opportunity this provided to do a deeper dive into your overall operations, and as reflected in the findings report, showcase the hard work and focus you and your team have put in to distinguish your company” said Paul Goske, President DebtNext Software

For more information on the DebtNext Accredited Partner Certification Program please contact us at sales@debtnext.com.

About Radius Global Solutions

When clients demand solutions to difficult challenges, Radius Global Solutions is the answer. A Leading Provider of Digitally Integrated Collections and Business Services, Radius has carefully and purposefully, developed significant expertise across all stages of the customer lifecycle providing Integrated Customer Acquisition/Sales, Customer Care, Receivable Management, and Business Processing services to some of the largest and most well-respected companies in the U.S. We are 100% focused on driving performance in a compliant manner while delivering a POSITIVE CUSTOMER EXPERIENCE to today’s more mobile and digitally connected consumers.

About DebtNext Software

DebtNext Software has been delivering robust solutions for their clients’ recovery management needs since its founding in 2003. They utilize advanced technology combined with a breadth of industry knowledge to build function-rich solutions to drive recovery optimization and the management of third-party collection vendors. Their industry leading Platform is currently used by some of the nation’s largest utility, telecommunications, financial services and accounts receivable management firms to fully illuminate their recovery management processes.

PLANO, TX  — The CMI Group, an employee-owned company (ESOP) and the industry-leading solutions provider to clients nationwide, announced today the company has been officially designated as a Certified Women’s Business Enterprise (WBE) by the Women’s Business Enterprise National Council (WBENC). WBENC is the largest certifier of women’s business enterprises in the United States and a leading advocate for women business owners, leaders and entrepreneurs.

“We could not have achieved this certification without the participation of our dedicated owner-employees, and we are incredibly proud of all of our owners,” said Carrie Finney, President and CEO of The CMI Group. “This certification positions The CMI Group within business markets and verticals that are committed to partnering with WBEs and organizations such as ours.”

The rigorous certification process includes a review of business documentation and confirmation that the business is owned, operated and managed by a majority of women. With more than 600 employees in its global operations, The CMI Group is a 100% ESOP company, giving every employee a vested interest in the company’s growth and success.

“WBE certification aligns with our organization’s values and our commitment to our owner-employees, partners and customers,” continued Finney. “This certification is significant because The CMI Group can now help our partners and customers achieve their supplier diversity goals and demonstrate their commitment to fostering diversity and equity.”

The CMI Group was established in 1985 with a simple focus that relationships matter. Relationships are the fundamental bond between The CMI Group and our owner-employees. Additionally, we believe that relationships are the trust between The CMI Group and our clients. Learn about working with The CMI Group by touring our Contact Center of Excellence.

About The CMI Group, Inc.

The CMI Group, a leader in contact center support services, accounts receivable management, customer care, revenue cycle management, and omnichannel communications, is a 100% employee-owned solutions provider to clients nationwide. Through its subsidiaries, The CMI Group delivers innovative business process outsourcing, revenue cycle, accounts receivable and contact center solutions resulting in enhanced operational efficiency and increased revenue for its clients. The CMI Group believes there is power in relationships and success occurs when individuals collaborate on a common objective. For The CMI Group, relationships matter because they lead to optimum results. Visit thecmigroup.com for more information.

The CMI Group and The CMI Group logo are trademarks of The CMI Group and/or its subsidiaries.