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

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

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

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

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

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

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

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

About Ontario Systems

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

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

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

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

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

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

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

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

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

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

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

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

The amendment is effective October 1, 2017. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

About PaymentVision

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

About Autoscribe Corporation

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

About QuotePro Kiosk

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

Forward-Looking Statements

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

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

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

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

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

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

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

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

There has to be a better way.

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

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

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

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

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

Listen to the latest Debt Collection Drill podcast here

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

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

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

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

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

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

About Stellar Recovery, Inc.

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

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

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

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

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

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

About Creditsafe

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

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

About ESP

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

SARASOTA, Fla. — NARCA – The National Creditors Bar Association presented its 2017 NARCA Awards and Scholarships on Friday, October 13, 2017 at the NARCA 2017 Fall Conference in Washington, D.C. 

NARCA Scholarships 

NARCA has awarded its 2017 Scholarships to four college students. The scholarship program was established to promote financial literacy to our future leaders of our communities. Applicants were asked to submit a video or essay on the topic “Should financial literacy be required curriculum for high school students?” The submissions were judged on originality, clarity and insight on the subject. This year’s scholarships were sponsored by Stratus Payment Solutions. 

First Place Winner – Joshua Chaney

Joshua Chaney, from the law firm Zarzaur and Schwartz, received the $5000 Award. He is a senior studying communications with a concentration in radio and television at Alabama State University. 

Second Place Winner – Evelyn Saunders

Evelyn Saunders, from the law firm Randolph, Boyd, Cherry and Vaughan, received the $1000 Award. She is a freshman studying architecture at The University of Virginia.

Honorable Mention – Griffin Scott

Griffin Scott, from Sayer Law Group, received a $500 Award. He is a junior studying economics and finance at The University of Northern Iowa. 

Honorable Mention – Robert Tromberg

Robert Tromberg, from Gladstone Law Group, received a $500 Award. He is a freshman studying economics with concentrations in finance, business economics, and public policy at the University of Pennsylvania. 

NARCA 2017 Outstanding SCBA Award 

This award recognizes the State Creditors Bar Association which has best demonstrated high level activity in the legal community and NARCA, and which has overcome significant challenges. 

The NARCA 2017 Outstanding SCBA Award was presented to the Maryland-DC Creditors Bar Association, for fighting off an exemption bill by forming a coalition with the bankers and landlord tenant lobby. Nathan Willner accepted the award on behalf of the Association. 

NARCA 2017 Community Service Award 

This award recognizes a firm which donated generously to their community. 

The NARCA 2017 Community Service Award was presented to Tobin & Marohn, for raising over $30,000 for Cure for Cancer through numerous activities. In addition to the firm’s recognition, the recipient receives a check to the charity of their choice: The Connecticut Chapter of the Cystic Fibrosis Foundation (The Rose Ball Event). William L. Marohn accepted the award on behalf of the firm. 

NARCA 2017 President’s Award 

This award recognizes someone who demonstrates leadership within the NARCA community. NARCA President Harvey Moore presented the award to two recipients: 

Alane A. Becket, with the firm Becket & Lee, LLP in Malvern, PA, and Mark Groves, with the firm Glasser and Glasser, P.L.C. in Norfolk, VA. 

NARCA 2017 Donald Kramer Award 

This award recognizes someone whose work has changed the creditors rights industry and community forever. In breaking with tradition, NARCA honored an organization instead of an individual for this year’s award. 

The American Bar Association was selected to be the recipient of the National Creditor Bar Association’s 2017 Don Kramer Award for “tirelessly working to preserve the independence of the legal profession and the judiciary along with the long-standing tradition of the governance of the practice of law by state supreme courts and the state bar associations.” 

Accepting the award on behalf of the American Bar Association was NARCA Member and Parliamentarian, Marvin Dang. Mr. Dang, whose law firm is based in Honolulu, Hawaii also serves as a leader with the ABA as Chair-elect of the 63,000 member Senior Lawyers Division for 2017-2018. 

About NARCA – The National Creditors Bar Association

NARCA – The National Creditors Bar Association is a nationwide professional trade association of over 600 creditors rights law firms and in‐house counsel of creditors.  NARCA members are committed to being professional, responsible and ethical in their practice of creditors rights law. 

According to a press release last week, mobile phone app company Hiya has closed $18M in funding to help the company expand. While the company says it will use this new infusion of cash to grow internationally, what should be interesting about this to the U.S. debt collection industry is that Hiya is the company that provides AT&T, Samsung and others with “contextual” caller identification services for their customers.

Per the release,

Through established partnerships with AT&T, Samsung, T-Mobile, ZTE and proprietary apps for both Android and iOS, Hiya’s global database of comprehensive Caller Profile information identifies legitimate numbers as well as blocks known spam or scam calls, enabling users to avoid falling victim to ever-increasing fraudulent activity.

The company refers to this information as “context,” which gives mobile users real time information about who is calling them.

Hiya is available as a consumer app on Google Android and iPhone and is integrated into the phone experience for AT&T Call Protect, T-Mobile Name ID, ZTE Axon 7 and Samsung Galaxy S7, Galaxy S8, Galaxy Note8, and all A-Series and J-Series users worldwide.

insideARM Perspective

insideARM has been covering the developing story of how both carriers and companies like Hiya, First Orion, Nomorobo and others are causing unintended consequences for legitimate businesses (and consumers) like debt collectors. See these stories:

September 11, 2017 – The Gathering Avalanche: “Robocall” Blocking, and What Can be Done

September 19, 2017 – FCC Committee Meets About Unwanted “Robo” Calls; Makes More Recommendations

As an example, one concern associated with providing the name of a debt collector as context for who is calling is that this could cause a third party disclosure violation of the Fair Debt Collection Practices Act. Whose responsibility would that be? The collection agency? The carrier? The phone manufacturer? The software provider?

Led by PACE (the Professional Association for Customer Engagement), a number of industry associations representing call centers have begun to work together to address this and other issues with the carriers and software providers. During its November meeting, the Consumer Relations Consortium will be meeting with Hiya and First Orion to better understand exactly how their applications do or do not block/tag calls, and to identify ways to avoid unintended consequences.

With nearly daily articles like this one about lawmakers who have made it a top priority to address the problem of illegal robocalls, it is likely there will be an increasing supply of money and attention paid to this issue. Industry needs to be on this moving train (or avalanche… insert your preferred analogy here).