EOS USA Celebrates the Grand Opening of its Newest Customer Care Facility

October 25, 2015 By Leave a Comment

EOS USA, a leading provider of customer care and accounts receivables management services, held a Grand Opening celebration of their newest regional facility located in Somerset, Kentucky on Monday, October 19, 2015. This new, 20,000-square-foot, state-of-the-art facility will serve as the company’s flagship location for its first party outsourcing business and will enhance the existing operations which are headquartered in Norwell, MA.

EOS USA Kentucky Office Grand Opening Image 1

Jay Hinckley the EOS USA Site Director in Kentucky, Governor Steve Beshear of the
Commonwealth of Kentucky, Karla Teasley the Vice President of Customer Service at American Water, Paul Leary the President and CEO of EOS USA, Susan Lancho the External and Government Affairs Manager of American Water and Congressman Hal Rogers of the Commonwealth of Kentucky are onsite at EOS USA’s newest customer care facility in Somerset, KY.

The Grand Opening event included a series of speakers including Governor Steve Beshear and Congressman Hal Rogers, both representing the State of Kentucky. In addition, President and CEO of EOS USA, Paul Leary, said a few words about the importance of this new location in the growth and success of the company. Following the presentations, the speakers held a commemorative ribbon-cutting ceremony to signify the opening of this new facility that will introduce more than 200 new jobs to the marketplace. The event was attended by EOS USA clients, executives and staff as well as local dignitaries, business executives and members of the construction team.

With nearly 1,000 employees in eleven offices in the United States and an affiliated company in Canada, EOS USA operates two divisions which serve clients throughout the U.S. EOS Healthcare provides revenue cycle management services to hospitals and physicians and EOS Services provides customer care and accounts receivables solutions to various markets including utilities, communications, higher education and government. Much like its other regional offices, this newest location is outfitted with the latest technology and systems, enabling EOS USA to offer its clients the utmost in professional and secure customer care and receivables management services.

EOS USA Kentucky Office Grand Opening Image 2 (2)

President and CEO of EOS USA Paul Leary addresses attendees at the Grand Opening of their
newest customer care facility in Somerset, Kentucky. Additional speakers included (from left to
right) Somerset Mayor Eddie Girdler, Somerset Executive Judge Steve Kelley, Congressman
Hal Rogers from the Commonwealth of Kentucky, Executive Director Martin Shearer of the
Somerset Pulaski County Development Foundation and Governor Steve Beshear of the
Commonwealth of Kentucky.

“It has been an absolute pleasure to work with the state and local organizations over the past year to select, renovate and staff this newcustomer care center,” said Paul Leary, president and CEO of EOS USA. “This facility will be a key component in the continued success of our company which has been providing customer care services for nearly 25 years.”

For more information, visit www.eos-usa.com. More photos available upon request.

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Sen. Chuck Schumer Calls out Feds for Charging High Interest on Debt

October 25, 2015 By Leave a Comment

According to an article in Newsday yesterday, New York Sen. Chuck Schumer sent a letter to FEMA Administrator W. Craig Fugate earlier this week asking the agency to stop sending Hurricane Sandy-specific debt collection cases to Treasury.

It seems that some Hurricane victims received compensation (totaling $14 million) that FEMA now views as awarded in error, and they want their money back. They send letters to consumers requesting the return of funds within 30 days. If the funds are not returned, interest as high as 30 percent may be charged. After 120 days, cases are referred to Treasury, where they may be sent to a private debt collection firm.

insideARM Perspective

I don’t have an informed opinion about whether the FEMA awards should or shouldn’t have to be returned; I simply don’t have access to the specifics of any case. My comments are related to a bigger picture:

This is another interesting example of government taking similar actions for which they would penalize private companies. For example, charging high interest rates to vulnerable consumers, or even trying to collect debt in the first place. To the extent funds were not awarded as a result of fraud (as suggested in the Newsday article), one might compare this type of debt to medical debt. In other words, debts that the consumer didn’t willingly or frivolously seek out. The CFPB has signaled its intent to insert itself into the medical debt collection process, for instance, dictating when/how it can be credit reported.

Another example we’ve seen of government playing by different rules is federal student loan debt. Private student loans – and most other debts – are expunged in bankruptcy. Not federal student loan debt. That follows you forever. No statute of limitations. The CFPB is all over efforts to collect debt that has passed the relevant statute of limitations.

A third example is the continued use of social security numbers by the Internal Revenue Service. As this is a big identity theft risk, private companies, such as healthcare insurance providers, moved away from this practice years ago. Is the CFPB going to send a team over to the IRS to evaluate their processes and issue an enforcement order… and a fine?

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FCC Will Now Publicly Post Unverified Robocall Complaint Data

October 25, 2015 By Leave a Comment

The Federal Communications Commission announced yesterday that the Commission will release robocall and telemarketing consumer complaint data weekly “to help developers build and improve ‘do-not-disturb’ technologies that allow consumers to block or filter unwanted calls and texts.” The data, including originating phone numbers of telemarketers and automated robocalls, will be released and available on the FCC’s Consumer Help Center’s website.

In June, the Commission gave the green light for do-not-disturb technology, clarifying that there are no legal barriers to service providers offering robocall-blocking technologies to consumers. While such services are available today as apps on some smartphones and on VoIP phone systems, work is still underway for many carriers and third-party providers to offer consumers these tools on traditional landline networks.

In addition to providing data for robocall-blocking technology developers, the FCC uses consumer complaints to inform policy decisions, and also to support enforcement actions. The announcement stated that complaints about unwanted calls and texts are by far the largest complaint category to the agency, with over 215,000 complaints last year.

This data is similar to the data released periodically by the Federal Trade Commission. “Do Not Disturb” technologies use this information to determine what numbers might be originating unwanted calls. Companies may use data like this to further improve their services in determining what calls and texts a consumer might choose to block or filter (i.e. sent directly to voicemail).

The data is available here: http://go.usa.gov/3S7Aj on the FCC’s website. Accompanying the data are these notes/disclaimers:

The FCC receives informal consumer complaints about unwanted robocalls and telemarketing calls. A spreadsheet with the latest data is available for download below.

The data includes informal consumer complaints filed as of Oct. 1, 2015. It is refreshed weekly to include data from complaints submitted the previous week. Data fields include: date and time call received, type of message (e.g. prerecorded), complainant’s state, and caller ID phone number.

Some of the fields available to consumers in our complaint forms are optional. As a result, not all fields in the spreadsheet will include data.

 The FCC does not verify all of the facts alleged in these complaints.

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Sprint to Pay $2.95 Million Penalty to Settle FTC Charges It Violated Fair Credit Reporting Act

October 25, 2015 By Leave a Comment

Sprint to Pay $2.95 Million Penalty to Settle FTC Charges It Violated Fair Credit Reporting Act

The Federal Trade Commission (FTC) announced yesterday that mobile service provider Sprint will pay $2.95 million in civil penalties to settle charges that the company failed to give proper notice to consumers who were placed in a program for customers with lower credit scores and charged an extra monthly fee.

In its Complaint the FTC alleged that Sprint placed consumers with lower credit scores in an Account Spending Limit (ASL) program. The ASL program required consumers to pay a monthly fee of $7.99 in addition to the charges for cell phone and data services.

According to Jessica Rich, director of the FTC’s Bureau of Consumer Protection:  “Sprint failed to give many consumers required information about why they were placed in a more costly program, and when they did, the notice often came too late for consumers to choose another mobile carrier. Companies must follow the law when it comes to the way they use consumer credit reports and scores.”

Because Sprint allows customers to be billed for services after they are used, they are subject to the requirements of the Fair Credit Reporting Act and its Risk-Based Pricing Rule. The Rule requires that companies inform consumers whenever they are offered service on less favorable terms – such as the ASL program – as a result of information from their credit reports or scores.

Under the terms of the settlement agreement Sprint is required to pay a $2.95 million penalty for violations of the Risk-Based Pricing Rule. It also requires the company to abide by the Rule’s requirements in the future. In addition, Sprint is required to provide the required notices to consumers within five days of signing up for Sprint service or by a date that gives them the ability to avoid recurring charges like those in the ASL program. Finally, the proposed settlement requires Sprint to send corrected risk-based pricing notices to consumers who received incomplete notices from the company.

insideARM Perspective

At last week’s insideARM First Party Outsourcing Summit, there was a session moderated by Mr. Greg Shelton from Lexis Nexis on FCRA liability. Had this case been announced earlier, the session at the Summit could have included a lively discussion on the implications of this settlement. Limiting FCRA exposure is one of the areas of focus for both credit grantors and collection agencies.

Beyond regulatory exposure, FCRA case law is still developing.  It may be the next frontier for consumer rights litigation.

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2015 NARCA President’s Award Presented To Three Industry Leaders

October 25, 2015 By Leave a Comment

Outgoing NARCA President Joann Needleman presented the 2015 NARCA President’s Award to Steve Markoff, Yale Levy and Brent Yarborough on Friday evening October 16, 2015 at the NARCA Awards & Leadership Gala in Washington, D.C.

When asked how she arrived at choosing this year’s recipients, Joann Needleman stated, “As you know, we are embarking on a new era for NARCA with NARCA 2.0, but getting there was hardly an easy process. These three gentlemen spent countless hours developing the substantive and financial elements of our NARCA 2.0 plan. They developed our new tag line, The National Creditors’ Bar Association, they worked to enhance the benefits of membership and they looked closely at our financial opportunities to ensure the longevity of the association. NARCA 2.0 represents the greatest opportunity this association has seen in two decades. But for the incredible work of these three gentlemen our association would have limped along for the next couple of years. As the board embarked on this project our theme was to build a new house. These three gentlemen completed the project on time, within budget and with incredible success. Our future is bright and our foundation is solid thanks to the work of Steve, Yale and Brent.”

The NARCA President’s Award is given annually to an individual of a NARCA member firm who exhibits outstanding leadership for the benefit of the association. The service of this award’s recipient is of such a magnitude that NARCA may not have achieved its current level of excellence without their efforts. Past recipients include Harvey Sharinn, Adam Olshan, Tom Canary, Mike Buckles, Tomio Narita, June Coleman and Brenda Majewski.

About NARCA

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.

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The CMI Group Announces New Dallas Facility

October 25, 2015 By Leave a Comment

Carrollton, Texas – We’re Growing

The CMI Group is excited to announce the addition of a new facility to be located in Dallas, Texas. This is the third operations facility, joining existing facilities in Carrollton, TX and Rochester, MN. The 20,000 square foot downtown Dallas location is necessary for existing and future growth as well as adding another layer of redundancy and flexibility to ongoing operations.

In 1990, CMI moved to Dallas, Texas, hoping to grow and that’s what they did. That growth has taken them from sixteen employees in 1990 to eight hundred employees today. Today, CMI is made up of three wholly owned subsidiaries – A to Z Call Center Services, Credit Management, and The Affiliated Group.

President and CFO Carrie Finney will cut the ribbon on the new facility later this month. Ms. Finney shard her excitement about the new facility: “This is an exciting moment in our Company’s history and a testament to the great employees that make up The CMI Group of families. We are grateful to our many clients that have allowed us to serve them over the past 30 years and hopefully for years to come.”

About The CMI Group

The CMI Group provides industry leading accounts receivable management and business process outsourcing services. Please learn more about The CMI Group by visiting our website at www.thecmigroup.com.

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Looking Ahead – Preparing Economics Students for the Real World

October 25, 2015 By Leave a Comment

Recent economic data do not paint a favorable picture for soon-to-be college grads. The unemployment rate hovered at a stubborn 5.1% in September, and the U.S. Labor Department reported an overall lack of job growth. Additionally, the labor force participation rate dropped, which Kaulkin Ginsberg believes could be caused by Baby Boomers staying on past their slated retirement date, discouraging younger generations.

With such daunting statistics, many college students look toward graduation with dread. In such a competitive job market, any advantage helps.

To prepare the undergraduates participating in our Research Fellowship Program at the University of Maryland, we invited representatives from the Consumer Financial Protection Bureau (CFPB) and the Federal Reserve Bank (Fed) to attend one of our classes and talk about government careers for economics majors.

Several recent graduates, including one of our previous fellows, kicked off the evening with an overview of what they’re doing now. Two of them currently work for the CFPB in the Director’s Financial Analyst Program, a two-year rotational fellowship that allows them to sample different departments, including research, markets and regulations, fair lending and equal opportunity, and enforcement. The program is specifically geared toward recent graduates, and the representatives spoke to the many projects they’ve been involved with over the past year, particularly revamping the outdated Fair Debt Collection Practices Act (FDCPA) of 1977. Our past fellow is a research assistant with the division of monetary affairs at the Fed, another two-year position. Participants who complete these programs go on to pursue graduate degrees or PhDs, or careers in economics, business, or other related fields.

Seasoned analysts also attended the event, and they explained their educational backgrounds and some of the qualifications they look for in applicants. They emphasized the importance of describing your skill set on your resume, and not just listing your classes but detailing the types of projects you worked on. They provided students with personal feedback on their resumes and warmed them that the window for submitting their applications online is very small.

It was an eye-opening evening for us, and we hope it was beneficial for our fellows. Regulatory compliance has become a pivotal part of collections, and people with these credentials are the most sought-after candidates for jobs in our industry. By gaining exposure to these agencies now, students set themselves up for success in both the public and private sectors. And career nights like this are an excellent opportunity for them to get their foot in the door.

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PaymentVision’s Laurie Nelson Named Finalist in 12th Annual Stevie® Awards for Women in Business

October 25, 2015 By Leave a Comment

JACKSONVILLE, FL – Laurie Nelson, PaymentVision’s Chief Compliance Officer and General Counsel, was named a Finalist in the Female Executive of the Year (Business Products) category in the 12th annual Stevie® Awards for Women in Business, and will ultimately be a Gold, Silver, or Bronze Stevie Award winner in the program.

The Stevie Awards for Women in Business honor women executives, entrepreneurs, employees and the companies they run – worldwide. The Stevie Awards have been hailed as the world’s premier business awards.

Gold, Silver and Bronze Stevie Award winners will be announced during a gala event at the Marriott Marquis Hotel in New York on Friday, November 13. Nominated women executives and entrepreneurs from the U.S.A and several other countries are expected to attend.  The event will be broadcast on Livestream via the Stevie Awards’ Facebook page from 7:30 pm ET, and the red carpet pre-show will air on the Stevie Awards’ Periscope from 6:00 pm ET.

More than 1,400 entries were submitted this year for consideration in more than 90 categories, including Executive of the Year, Entrepreneur of the Year, Company of the Year, Startup of the Year, Women Helping Women, and Women-Run Workplace of the Year. Laurie Nelson is a Finalist in the Female Executive of the Year (Business Products) category.

Since joining the company in 2014, Mrs. Nelson has established the company’s compliance program, revamped training, and streamlined underwriting to ensure compliance is top of mind throughout the organization.  In addition, Mrs. Nelson also developed and enhanced the organization’s bank card and ACH relationships, eliminating unmet third-party expectations and delays, reduced the price of its top-of-the-line gateway services, and enabled the organization to provide a fuller suite of services.

Finalists were chosen by more than 120 business professionals worldwide during preliminary judging. Members of five final judging committees will determine the Gold, Silver and Bronze Stevie Award placements from among the Finalists during final judging October 19-28.

“High-achieving women entrepreneurs, organizations, and executives all over the world are an inspiration to girls and women who dream of starting and growing a business,” said Michael Gallagher, founder and president of the Stevie Awards. “The first-round judges have told us how impressed they were with this year’s field of Finalists. We’re looking forward to recognizing them in New York on November 13.”

“It’s truly an honor to be recognized by The Stevie Awards for Women in Business,” said Mrs. Nelson. “Everything we do at Autoscribe is about empowering our customers with better financial solutions and we remain committed to delivering the most secure, compliant, and cutting-edge tools in the industry.”

Details about the Stevie Awards for Women in Business and the list of Finalists in all categories are available at www.StevieAwards.com/Women.

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 The Stevie Awards

Stevie Awards are conferred in six programs: the Asia-Pacific Stevie Awards, the German Stevie Awards, The American Business Awards, The International Business Awards, the Stevie Awards for Women in Business, and the Stevie Awards for Sales & Customer Service. Honoring organizations of all types and sizes and the people behind them, the Stevies recognize outstanding performances in the workplace worldwide. Learn more about the Stevie Awards at www.StevieAwards.com.

Forward-Looking Statements

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

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

PaymentVision’s Laurie Nelson Named Finalist in 12th Annual Stevie® Awards for Women in Business
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Third Circuit Reverses District Court Order in TCPA “Called Party” Case Against Bank of America

October 18, 2015 By Leave a Comment

Mark Leyse brought an action against Bank of America under the Telephone Consumer Protection Act of 1991 (TCPA) after receiving a prerecorded telemarketing call on the landline he shares with his roommate, Genevieve Dutriaux. The District Court dismissed the complaint for lack of statutory standing because Dutriaux, not Leyse, was the intended recipient of the call, or the “called party”.

On appeal, however, the Third Circuit has found the District Court to be in error for considering the motion to dismiss, and concluded that Leyse does indeed have statutory standing. The Court’s reasoning is that he is a regular user of the phone line and an occupant of the residence, and that this brings him within the language of the TCPA and the zone of interests it protects.

An attorney representing Dutriaux and Leyse filed multiple class-action lawsuits against Bank of America in multiple districts. The action on appeal in this matter, Mark Leyse v. Bank of America National Association, is from the District of New Jersey, and Leyse is the only named plaintiff.

The parties agree that Leyse’s roommate was the intended recipient of the call. But Leyse claims that he regularly used the phone, and the fact that he was Dutriaux’s roommate indicates that he, too, had a privacy interest in avoiding telemarketing calls to their shared home. Under the zone-of-interests test, Leyse has alleged enough to survive a motion to dismiss, and it was error for the District Court to dismiss the complaint for lack of statutory standing. The Court notes that it is the actual recipient, intended or not, who suffered the nuisance or invasion of privacy. The burden of proof will be on Leyse in the District Court to demonstrate that he answered the telephone when the robocall was received.

In an Opinion filed earlier this week, the Third Circuit has vacated the District Court’s order of dismissal, allowing the case to proceed.

Third Circuit Reverses District Court Order in TCPA “Called Party” Case Against Bank of America
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Dun & Bradstreet Wins Summary Judgment in Putative TCPA Class Action Case

October 18, 2015 By Leave a Comment

Earlier this week the judge in Holly Freyja v. Dun & Bradstreet, Inc. granted the defendant’s motion for summary judgment. The case occurred in the United States District Court, Central District of California.

The Plaintiff alleged that the Defendant violated the Telephone Consumer Protection Act (TCPA) by calling her using an automatic telephone dialing system (ATDS) and by calling a phone number on the national do-not-call registry for the purposes of a telephone solicitation.

D&B moved for summary judgment, arguing that the phone used to call Freyja was not an ATDS and the purpose of the call was not solicitation. The Plaintiff was not able to disprove these claims.

The facts in this case demonstrated that the Plaintiff was not called from an ATDS. Convergys was the vendor that made the calls on behalf of D&B. The agent at Convergys who made the calls testified that Freyja’s number was dialed manually using an Avaya 4610 desktop phone. Convergys’s Director of Network Services testified that an Avaya 4610 phone cannot, itself, be used as an autodialer. Plaintiff offered opposition; however that opposition included no relevant analysis to refute the testimony of the Convergys employees, who had direct knowledge of the facts.

As to purpose of the call, the Defendant showed evidence that the reason for the call was to acquire information about the commercial services offered by the Plaintiff, not to market or sell anything to her. The only evidence offered by the Plaintiff is that she believed the Defendant “could have possibly” been trying to sell her something. There was no evidence that any marketing occurred during the call.

The TCPA bans calls to sell property, goods, or services, not calls to acquire information. Therefore the motion for summary judgment was granted.

Dun & Bradstreet Wins Summary Judgment in Putative TCPA Class Action Case

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