CFPB Revises Debt Collection Exam Procedure

Earlier this month the Consumer Financial Protection Bureau (CFPB) very quietly revised its Debt Collection Examination Procedure. While much of the exam manual remained the same, the updated version incorporates Reg F. 

Additions

Here is a non-exhaustive list of the new topics covered in the exam procedure:

  • Communicating via emails/text messages (Page 11- Module 2, question 2)
  • Communicating through social media (Page 11- Module 2, question 3)
  • The limited content message (Page 12- Module 2, question 9)
  • Inconvenience as defined in Reg F (Page 13- Module 2, question 12a)
  • Call frequency  (Page 15 – Module 2, question 15)
  • Representations to consumers regarding credit scores (Page 17- Module 2, question 21)
  • Debt parking (Page 23- Module 3, question 10)
  • The model validation notice (Page 27- Module 4- question 1-8)
  • Opt-outs (Page 31, Module 4, question 12, 13)

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Worth noting- Affiliates and third-party section

The affiliates and third-party relationships section of the exam manual can be found on page 6. This section does not limit the type of affiliates or third-party agents debt collectors can use. Instead, the updated exam procedure remains largely the same as the previous procedure. During the course of an exam, the CFPB will look at whether the debt collector:

  • Reviews the provider’s policies and procedures 
  • Provides clear expectations that the service provider follows applicable law
  • Establishes internal controls
  • Takes prompt action to address problems

insideARM Perspective:

Reg F went into effect on November 30, 2021. Releasing the updated exam procedure is a good indication from the CFPB that they expect debt collectors to have concluded all of their Reg F implementations.  We’ve been trying to stress the importance of a risk and gap analysis; this release makes it clear the time is now. ARM entities should review the exam procedure to make sure they have covered everything the CFPB expects them to have covered. 

It’s also worth noting that despite the ongoing Hunstein saga, the CFPB did not limit its questions regarding service providers to only those specifically mentioned in the FDCPA. Instead, the exam procedure seems to solidify what everyone pre-Hunstein already knew- using vendors isn’t a violation of the FDCPA. 

Want to find the gaps in your CMS before the regulators (or consumer attorneys) do? Find out how to get started on a thorough risk and gap assessment AND get the details on the CFPB’s exam procedure revisions this Wednesday, March 16th at 2pm with, A Complete Guide to Risk and Gap Assessments, a free webinar from Research Assistant and insideARM.  

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Superlative RM Named 2021 Crown Asset Management Agency of the Year

ELK
GROVE, Calif. / PHOENIX, Ariz. — 
Superlative RM has been recognized for
the second consecutive year as Crown Asset Management’s 2021 Agency of the
Year. Each year, CAM selects its agency and firm award winners from its
reputable network. In addition to outstanding procedural compliance throughout
the year, the award also factors in strong performance metrics and the overall
client and consumer experience.


“We
put a great deal of effort into running things in such a way that we can be
proud of. When we can all take pride in our company, our professionalism, our
ethics, and the services we provide, it naturally creates a snowball effect. We
spur each other on and strive for better. For example, our team has engaged in
a lot of thought and teamwork this year to create a better digital consumer
experience and ensure optimal compliance. We feel good about the results and
will continue to target opportunities for improvement.” said
Jerry Terrill, President, CEO, and
Founder at Superlative RM.


“Superlative
RM earned this recognition by way of continuous innovation and adaptation to
the changing landscape while maintaining quantifiable excellence across the
board. We always want to make sure our network is representative of the same
standards we strive for in compliance and performance. We also value Superlative’s
empathy, conscientiousness, and integrity in the little things because the
little things go a long way throughout every consumer interaction,” said
Brian Williams, Crown CEO, Manager,
and Founder.


The
Superlative RM team is ever-reaching toward improvement and thrives in the
high-motivation, goal-oriented environment they create for themselves. Their
team continues to grow and seek out ongoing professional development. Their
consumer-focused mindset is central to their success and has driven the development
of their new proprietary tools implemented to improve the consumer experience
and elevate it to the next level of service. 


“It’s
great to be recognized for our hard work by such a pillar of professionalism in
the industry,” noted Mr. Terrill. “Our team appreciates the achievement and is
just further motivated to be a part of changing the way consumers handle their
finances and revolutionizing the receivables management industry!”

 

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, their team focuses on achieving appropriate financial
returns while ensuring the best possible experience for consumers. They are an
RMAI Certified
Receivables Business
headquartered in Duluth, GA.

 

About Superlative RM

Superlative
RM
is
a nationally licensed account receivables management company that works with
consumers in all 50 states to assist creditors and debt buyers with recovering
past due balances. Founded by a U.S. Marine Corps veteran, Jerry Terrill, the
Superlative RM team
regularly undergoes development to improve consumer service and expand their
core values of creating a wow factor, doing it right from A to Z and
collaborating at every opportunity.

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Absolute Resolutions Corp. Makes Donations to Aide in the Ukrainian Humanitarian Crisis.

BLOOMINGTON, Minn. — Absolute
Resolutions Corp., headquartered in Bloomington, MN, announced today that they
have made donations to both World Central Kitchen and International Medical
Corps to aide in the ongoing Ukrainian humanitarian crisis.

World Central Kitchen was started
in 2010 after an earthquake devastated Haiti. They focus on bringing healthy
and safe food to the frontlines of disaster, currently serving thousands of
fresh meals to Ukrainian families both in Ukraine and the surrounding areas
where refugees are being transported. Founded on the belief that food can
foster a sense of community and jump-start economic recovery, they source
locally wherever possible and have even developed a Food Producer Network to
train aspiring chefs in skills and safety.

International Medical Corps is
providing a wide range of humanitarian relief including medical, mental health
and protection services to those who have been affected by Russia’s invasion in
Ukraine and in neighboring countries. They have a long-standing history of
helping Ukraine that dates back to 1999 when they delivered relief and medicine
to healthcare facilities and assisted in training medical staff. They are
currently prepared to expand their operations as the need arises in the
developing conditions.

“ARC stands with the citizens of
Ukraine as they face unimaginable circumstances. We are proud to support these
great organizations and the work they are doing on the frontlines.” stated
Chris Winkler, CEO.

About Absolute Resolutions Corp.

Absolute Resolutions Corp. is a certified professional
receivables company headquartered in Bloomington, MN. www.absoluteresolutions.com



About World Central Kitchen
WCK is first to the frontlines, providing meals in response to
humanitarian, climate, and community crisis.
https://wck.org/

About International Medical Corps
International Medical Corps is a global, nonprofit, humanitarian aid
organization dedicated to saving lives and relieving suffering by providing
emergency medical services, as well as healthcare training and development
programs, to those affected by disaster, disease, or conflict.
https://internationalmedicalcorps.org

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Utah Legislature Passes Consumer Privacy Law

Following the lead of California, Colorado, and Virginia, Utah is set to become the fourth state to pass a comprehensive privacy law.

As of March 4, the Utah Consumer Privacy Act (SB 227) cleared both houses of the Utah legislature.  The UCPA closely resembles the Virginia Consumer Data Privacy Act, but with some interesting changes.  The law applies to controllers or processors that do processors that do business in Utah, or produce a product or service that is targeted to consumers who are Utah residents; have annual revenue of $25 million or more; and either (a) control or process personal data of 100,000 or more consumers in Utah during a calendar year, or (b) derive over 50% of the entity’s gross revenue from the sale of personal data and control or process the personal data of 25,000 or more consumers.  The law does not include a private right of action; rather, it will be enforced by the Utah AG.  If signed, the law will go into effect on December 31, 2023.

The law would vest consumers with rights such as the right to confirm whether a controller is processing their personal data, access and deletion rights, and opt-out rights.  The law would require controllers and processors to provide notice that (1) identifies categories of and purposes for which personal data are processed, (2) informs consumers how they may exercise a right, (3) categories of personal data the controller shares with third parties, and (4) the categories of third parties with whom the controller shares personal data.

The law also includes a 30-day right to cure.  Moreover, the law neither vests the AG with rulemaking authority, nor does it provide consumers the ability to opt-out of processing using a global privacy control.

While the Utah law will likely not significantly change compliance requirements for businesses subject to the California, Colorado, or Virginia laws, it will create new obligations for some companies.  It also serves as a reminder that states will continue to take different approaches, expanding the patchwork of varying legal requirements in the privacy field.

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DCM Services Moves into State-of-the-Art Office Headquarters

BLOOMINGTON, Minn. – March 10, 2022 – DCM Services, LLC
(DCMS) the industry leader in estate and specialty account recovery
solutions, has recently moved into a new office headquarters at The BLOC,
located at 1550 American Boulevard E, Suite 200 in Bloomington, MN. DCM
Services has seen exciting growth in recent years and the new office site
offers the setting necessary for further developing employees, better servicing
clients, and facilitating future growth.DCM new HQ

The buildout occurred during Q4, 2021 and Q1, 2022. DCM
Services’ suite at The BLOC features open floor plans for collaboration, a
variety of meeting spaces, and exciting amenities like a 24-hour on-campus gym.
DCMS occupies three floors in its suite and each floor features large windows
to allow for natural light throughout the suite. Conference rooms are outfitted
with new video meeting technology and all employee workstations feature
motorized sit-stand desks.

The DCMS mission statement is “Inspired Create Solutions.” Chief
Operating Officer Tracey Bannochie said, “At long last, we are in our amazing
new space at The BLOC. An incredibly talented project team came together each
week inspired to create the best office solutions for our employees and
clients. The new space allows us to continue to build and enhance our culture.
We look forward to hosting our clients and industry colleagues in our new space.
Come visit DCMS at the BLOC!”

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The move went smoothly, and
operations are business as usual. The coming weeks will be spent settling in
and making the most of our new space with plans to install art and plants
throughout.

Make your next move your best move

Looking to jumpstart your career or make a career shift? Join a growing team of dynamic individuals
at DCM Services.
Our employees love the awesome benefits, development
opportunities, and free food! DCMS provides employees with medical, dental,
vision, company paid short and long-term disability insurance, and life insurance
as well as 19 days of paid time off. Flexible scheduling allows for a healthy
work-life balance, and the casual dress code reinforces our friendly company
culture. “There’s always something new to learn. As long as you’re willing to
learn and work hard you can succeed! Once you’ve reached your goal get prepared
to achieve the next one!” says Sara Belisle, Sr. Claims Account Representative.

We’re currently looking for top talent in the following
areas: compliance, finance, operations, human resources, and information
technology. Hear from current employees about their career journeys at DCM
Services and apply today.

About DCM Services

Minneapolis-based DCM Services is the industry leader in
estate and specialty account resolution services, maximizing the value of
client portfolios across financial services, healthcare, auto, retail, telecom,
credit union, government and utilities industries through innovation and
performance. Its recovery solutions offer a full range of services from
proprietary web-based solutions to full outsourcing, maintaining an unmatched
spectrum of innovative solutions that increase recoveries, protect brand value,
and enhance survivor relationships – with respect and sensitivity. For more
information on all DCM Services’ offerings, please visit www.dcmservices.com.

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State Raises Nearly $9000 for Special Olympics

MADISON, Wis., March 10, 2022 – On a recent Saturday morning, with the windchill temperature registering at -7 degrees, 11 members of the State team jumped in a Madison, Wis., lake. It was cold enough for cars to safely drive on the lake, so a block of ice had to be removed to make the jump possible. Why would State professionals engage in this feat? They were “Freezin’ for a Reason,” raising money for Special Olympics! Through the generous donations of our team members, clients, and partners as well as a 100% match from State, our team raised nearly $9000 to support these exceptional athletes.State Collection Polar Plunge

Some State team members also met for lunch with a Special Olympics athlete. They were able to support his fundraising campaign to attend the upcoming Special Olympics National Bowling Tournament in Orlando, Fla. While at lunch, the athlete challenged State President Tim Haag to a bowling match. Watch State’s social media feeds for upcoming photos and results.

“It was gratifying to be able to work as a team to benefit Special Olympic athletes,” said Jake Richards, a State EBO Manager and this year’s Polar Plunge Team Captain. “We are already making plans for next year’s jump!”

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About State

State improves the financial picture for healthcare providers by delivering increased financial results while ensuring a positive patient experience. Rooted in a tradition of ethics, integrity and innovation since 1949, State uses data analytics to drive performance and speech analytics with ongoing training to ensure patient satisfaction. A family-owned company now in its third generation of leadership, State assists healthcare organizations with services spanning the complete revenue cycle including Pre-Service Financial Clearance, Early Out Self-Pay Resolution, Insurance Follow-Up and Bad Debt Collection. To learn more visit: www.statecollectionservice.com.

 

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Coast Professional, Inc. Earns APEX Training Award

GENESEO, N.Y. –Coast Professional, Inc. (Coast) was recently awarded a Training APEX (previously Training 100, formerly Training Top 125) Award from Training Magazine. The Training APEX Awards recognize organizations with the most successful learning and development programs in the world. The awards rank companies’ excellence in employer-sponsored training programs using both quantitative and qualitative scoring methods. This is Coast’s third consecutive Training Magazine award, as the company received a Training 100 award in 2021 and a Training Top 125 award in 2020.   

The Training APEX Awards recognize corporate training initiatives, including the number of training hours per employee program, allocated training budget, human resource involvement, and strategic learning goals. Over the last three years, Coast’s Training Department employees have remained innovative and worked diligently to establish a world-class training program.  

“Coast is proud to be recognized as a Training APEX Award winner for the third consecutive year,” said Michael Del Valle, Coast Chief Compliance Officer and General Counsel. “The perseverance of our dedicated training staff has allowed Coast to uphold our mission to deliver exceptional customer service. This award is a fantastic honor for all of the Coast employees dedicated to ensuring our employees understand the rules and regulations related to ethical industry practices.” 

About Coast Professional, Inc.: 

Coast Professional, Inc. is an accounts receivable management and contact center-based company, dedicated to the respectful and ethical communication with consumers. Coast provides essential collection and business process outsourcing services to hundreds of campuses; universities; federal, state, and county governments; municipalities; and courts. Coast is an eight-time honoree on the Inc. 5000 list for America’s Fastest-Growing Private Companies provided by Inc. Magazine and in 2021, was recognized for the sixth time as one of the “Best Places to Work In Collections” by insideARM.com and Best Companies Group. Since 1976, Coast has worked closely with clients to increase recoveries by assisting consumers in resolving their financial obligations. Coast’s success is exemplified by exceptional recoveries, superior service, and dedication to the highest levels of compliance. More information about Coast can be found at   www.coastprofessional.com

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$195,000 in Damages on 26 Calls?: New Decision Shows Just How Extreme TCPA Damages Can Get

It is commonly said that a Plaintiff can recover between $500 and $1,500 per call under the TCPA.

For Defendant, that may be wishful thinking.

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It has been a trend for some time that Courts allow a single call to constitute multiple violations of the statute. Typically a Court will only allow a single call to count once in violating a single particular section of the TCPA (usually 227(b) and 227(c)). But occasionally a court will go further and allow damages on individual Code of Federal Regulations (CFR) sections as well.

Well in Perrong v. Mla Int’l, Case No: 6:20-cv-1606-RBD-EJK, 2022 U.S. Dist. LEXIS 36759 (M.D. Fl.  March 02, 2022) a court just did something I have never seen before. And it is a little scary.

So setting the stage, the Defendant in Perrong defaulted–i.e. didn’t show up in court–and that put the company (and the apparent owner of the company Jose Ayala) at the mercy of the court.

The Court determined that the defendants had, in fact, sent 26 prerecorded calls to Perrong without consent. The question is–how much was that going to cost?

By Perrong’s figuring, those 26 calls should cost about $195k. Here’s how he calculated that:

  • First, all 26 calls were prerecorded calls without consent, so that’s $13k off the bat. But that should be trebled for willfulness (why not?) so that’s $39k.
  • Second, all 26 calls were made using an Automatic Telephone Dialing SysteATDS (huh?), that’s another $39k.
  • Third, all 26 calls violated the Do Not Call (DNC) rules since his number was on the DNC list. So that’s another $39k.
  • Fourth, all 26 calls automatically violate the CFR because the Defendant did not have an internal DNC policy, so that’s another $39k.
  • Fifth, all 26 calls automatically violate the CFR again because Defendant did not produce its internal DNC policy, so that’s another $39k.

Hmmmm. Quite a few problems here from my perspective. But let’s see what the Court did.

Amazingly, the Court agreed that all calls made using a prerecorded voice NECESSARILY were also made using an ATDS: “it would be illogical to call someone and play a prerecorded message other than randomly or sequentially.”

Ummm.

First time ever that I’ve seen a court determine that prerecorded calls automatically trigger a minimum of $1,000.00 in damages because they were also made using an ATDS. Scary stuff.

The Court also agreed that Perrong’s DNC claim was valid.

However, the Court found Perrong had not stated enough facts to demonstrate that the internal DNC provisions were violated. As such Perrong was denied a victory on those claims.

The Court also refused to credit Perrong’s willfulness claims and declined to treble damages.

So Perrong ended up with $500 x 26 x 3=$39k, which is probably the most he should have recovered to begin with.

It is important for Defendants to keep cases like this in mind. An errant prerecorded call might cost you more than $500.00. Perhaps, a lot more.

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CFPB Scrutinizes Auto Lending, Repossessions, and Collections

On February 24, 2022, the CFPB announced it published a blog regarding auto lending. This announcement was followed by a February 28, 2022 press release in which the CFPB stated it was moving to “thwart illegal auto repossessions.” 

Since the cost of automobiles continues to increase, the CFPB expects the total amount of debt and the average loan size to increase, putting additional pressure on consumers’ budgets. Further, due to the high price for used cars, the CFPB is concerned that lenders and servicers might be incentivized to repossess cars. The CFPB is particularly concerned about potential incentivization since, in previous examinations and enforcement actions, they observed illegal seizure of cars, sloppy record-keeping, unreliable balance statements, and ransom for personal property found in vehicles. 

The CFPB is also interested in preventing disparate impacts on minority communities. In its view, the current economic recovery is uneven, and some consumers have been hit harder economically due to the pandemic. The CFPB is also concerned that technology used by lenders to repossess cars more quickly may disproportionately impact minority communities. 

To prevent wrongful repossessions, the CFPB says it will take action against illegal repossessions and sloppy servicing of auto loans. CFPB Director Rohit Chopra remarked, “With today’s high car prices, auto lenders and investors might be tempted to seize vehicles for resale in the hot used car market,”… No American ever wants to wake up to see their car stolen. Auto loan servicers need to ensure that every repossession is lawful.”

insideARM Perspective:

This announcement from the CFPB came within the same week that the CFPB officially announced its focus on medical debt. The CFPB seems to be targeting those areas in which it perceives consumers, particularly minority consumers, are the most vulnerable. While this aim is good, the CFPB’s rhetoric and inflammatory language to describe debt collectors is concerning. 

Debt collection is crucial to this country’s financial and credit ecosystem. ARM entities spend significant time, energy, and money to comply with state and federal laws. The vast majority are mindful of their impact on consumers and collect debt in the right way. While bad actors certainly exist, as they do in any industry, they are the exception and not the rule. The phrasing of the CFPB’s most recent press releases seem to imply that bad actors are the norm and debt collectors are inherently bad.  

Over the years, the debt collection industry has opened its proverbial (and sometimes literal) doors to the CFPB so they can understand the industry they are trying to regulate. While some have said no good deed goes unpunished, most debt collectors have agreed that providing the CFPB insight goes a long way in preventing unintended negative consequences to consumers. The inflammatory language used by the CFPB recently, and the implication that debt collectors are bad actors seeking to take advantage of the poor, has the potential to break down the lines of communication between the industry and the CFPB. Such a breakdown will ultimately hurt consumers

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ConServe is Making a Difference by Giving Back

ROCHESTER, N.Y. —
Continental Service
Group, Inc., d/b/a ConServe, is a devoted community partner.  By Fostering Financial Freedom®
and empowering people to take control of their financial obligations in ways
that preserve their dignity and self-esteem, ConServe employees help make the
world a better place.  Through the
organization’s ongoing philanthropy program, ConServe Cares, the ConServe
team supports and funds the efforts of numerous agencies that strive to make a
difference.  As a result of their
employee’s compassion and generosity, countless lives have been touched and
enriched.

In the month of February, the ConServe team, in conjunction with
the Company’s “Matching Gift Program”, donated to the American Heart
Association for the Rochester and Buffalo Regions.  “Our team of caring and committed employees
takes great pride in supporting a diverse group of local and national agencies
that help to make life a little easier for many people who are struggling with
health challenges,” said George Huyler, Vice President of Human Resources at
ConServe.

Jason
Stulb, Executive Director at the American Heart Association said, “We are so thankful
to ConServe Cares and to the community for supporting our lifesaving
work. Donations to the American Heart Association help fund breakthrough
medical research, transformational advocacy, and impactful education programs.
Thank you for helping us improve the health of our community.”

About ConServe
ConServe is a top-performing award-winning
provider of accounts receivable management services specializing in customized
recovery solutions for our Clients. Anchored with ethics and compliance, and
steadfast in our pursuit of excellence, we are a consumer-centric organization
that operates as an extension of our Client’s valued brand.  For over 33
years, we have partnered with our Clients to give them peace of mind while
simultaneously helping them achieve their goals. Ethics. Technology.
Performance.  Visit us online at:
www.conserve-arm.com  

About the American
Heart Association:

The
American Heart Association is a relentless force for a world of longer,
healthier lives. We are dedicated to ensuring equitable health in all
communities. Through collaboration with numerous organizations, and powered by
millions of volunteers, we fund innovative research, advocate for the public’s
health and share lifesaving resources. The Dallas-based organization has been a
leading source of health information for nearly a century.

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