Utilizing Technology to Mitigate the Risk of Dialing in the Wake of the Latest FCC-TCPA Ruling

September 13, 2015 By Leave a Comment

On July 10, 2015 the Federal Communications Commission (FCC) released a highly anticipated decision regarding the Telephone Consumer Protection Act (TCPA). This decision prompted ACA International, Professional Association for Customer Engagement, Inc., the U.S. Chamber of Commerce, and Sirius XM Radio to quickly appeal. These appeals highlight the total lack of clarity in the ruling, which leaves the choice to dial or not dial up in the air. With the interpretation and advice of your corporate counsel, your ownership and executive teams must decide on the balance of risk vs. reward. In an effort to find solutions to this dilemma, DAKCS polled its dialing customer base about the use of dialing and messaging technology and the FCC decision. Based on the data gathered, we have highlighted four ways to help mitigate the risks of using dialing and messaging technology.

In general, our customers wanted a clearer definition of an auto dialer. Excluding a rotary phone, our customers felt that any technology may be classified as an auto dialer. Many in the industry argue that the TCPA
should exclude the collection industry and treat us separately. Still, the incidences of TCPA lawsuits rise, along with steeper and steeper fines.

In spite of the negative feedback, our customers expressed the importance of taking precautions and evaluating operations to minimize the exposure to lawsuits. Of those polled, 81% are going to continue dialing. Below, we tackle four of their largest Pain Points regarding the use of dialers.

Attacking these pain points might help protect your collection agency or department from potential class actions and/or TCPA lawsuits, allowing you to continue to utilize automated dialing and messaging technology as an efficient tool in your collection practices.

Utilizing Technology to Mitigate the Risk of Dialing in the Wake of the Latest FCC-TCPA Ruling
http://www.insidearm.com/freemiums/utilizing-technology-to-mitigate-the-risk-of-dialing-in-the-wake-of-the-latest-fcc-tcpa-ruling/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

Filed Under: News

CBE Lauded as Employer of Choice Across Iowa

September 13, 2015 By Leave a Comment

CEDAR FALLS, Iowa – Two respected Iowa publications have once again honored CBE Companies Inc. (CBE) as one of the best places to work in the state.

In its home community of Waterloo-Cedar Falls, CBE was named “Employer of Choice”, while the Des Moines Register ranked CBE number 24 among all Iowa workplaces in the large business category.

For eight years the Waterloo-Cedar Falls Courier has consistently recognized CBE as one of the top employers in the Cedar Valley.

The newspaper solicits nominations from employees throughout the region, then relies on a panel of business leaders to select the winners. The employees who nominated CBE spoke of a company that cares about its workers, empowers them to perform and encourages them to grow with many opportunities to grow and enhance their careers.

“I started at CBE for a job, and quickly it turned into my career,” said CBE employee Stephanie Perry. “This company has invested time into me, both personally and professionally.”

The Des Moines Register partners annually with WorkplaceDynamics, a research firm focused on organizational health and employee engagement, to research top workplaces in Iowa. Workplace Dynamics conducts anonymous surveys with employees across the state and uses a statistical approach to rank the top businesses for employees. The company conducts similar surveys in partnership with media outlets across the country, including more than one million employee surveys in all.

Dan Tovar said CBE has allowed him the chance to work alongside some of the best people in his entire career. The quality of colleagues from management to associates convinced Tovar the corporate culture created the quality workforce.

CBE invests in its people, including a training based on Stephen Covey’s “The 7 Habits of Highly Effective People” for every employee. Chairman and Chief Executive Officer Tom Penaluna believes the most effective leaders let employees shine.

“As an employer, one of the most important things we can do is give them a vision and a focus on what we’re trying to do and make sure we can provide all the tools they need to be successful and get out of their way and let them be successful,” Penaluna said. “So far, it has worked out well for us and them.”

About CBE Companies

Founded in 1933, CBE Companies is a global provider of outsourced call center services focused on connecting people with solutions. The company specializes in receivables management and customer care services. This narrow focus has enabled the company to be an expert in every aspect of the business. From a one-of-a-kind culture immersion approach to a proven ramp process, CBE’s focused expertise saves its partners money and enables them to focus on their core business.

CBE approaches every business relationship as a strategic partnership. The company shares in its partners’

successes and failures and strives to create more of the former and less of the latter. CBE firmly believes transparency and communication are the cornerstones in the foundation for success. The company’s approach to a strategic partnership begins with open communication; this assures CBE partners that the team handling their business is committed to delivering customer insights, ideas and new ways to accomplish goals.

With more than 1,600 people in six locations globally, CBE Companies can deliver the right solution in the right location(s) for your ever-changing business needs. Its corporate headquarters is located in Cedar Falls, Iowa, with two facilities in Waterloo, Iowa, and additional facilities in Overland Park, Kansas; New Braunfels, Texas and Manila, Philippines.

For more information about CBE Companies, please visit www.cbecompanies.com or call 888-386-0273.

 

CBE Lauded as Employer of Choice Across Iowa
http://www.insidearm.com/daily/collections-jobs-news/cbe-lauded-as-employer-of-choice-across-iowa/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

Filed Under: News

Hold a Drive and Support Military Vets Like I.C. System

September 13, 2015 By Leave a Comment

Collingswood, NJ: ARMing Heroes (www.armingheroes.org), the collection industry’s charity for military veterans, today announced the start of its sixth annual No Debts for Vets Charity Fundraising Drive, which runs from September 11th through Veterans Day, November 11th, every year. Tax deductible donations are now being accepted online at www.armingheroes.org and via mail to PO Box 353, Collingswood, NJ 08108, payable to ARMing Heroes.

The annual drive relies on the generosity of ARM industry companies to raise and donate funds in support of military vets and their families. IC System, Inc. (www.icsystem.com), headquartered in St. Paul, MN, has once again named ARMing Heroes as one of its chosen charities for 2015. “Each year, IC System holds a golf tournament to raise funds for charitable non-profit organizations,” said I.C. System’s Roxanne Bdzok in a letter to ARMing Heroes. “Our employees vote for which organization they would like IC System to make a donation towards, and once again their choice was ARMing Heroes. We are proud to present the charity with a donation again this year.”

Other ARM firms across the nation are already showing support of this worthy cause, giving this year’s drive a stronger than ever start.  Your company can follow suit by signing up to hold a drive here. Once you register, downloading the Employee Fund Drive Starter Kit makes it easy to get started. In four easy steps, the kit outlines what is needed to announce, manage, and complete a successful employee drive. Additionally, any company that holds a drive and donates to the charity will receive Donor Dog Tags to commemorate their support of military veterans.

Last year, donors contributed the largest amount of funds raised since the organization’s inception in 2009. As a result, nearly four dozen grants were awarded to struggling military vets and their families, most of which were disbursed to the creditors of grant recipients at the end of the year, just in time for the holidays. Many grant awards averaged close to $2000, with the largest grant at $5000. Most grant recipients struggle with service-connected disabilities, unemployment, and delinquent debt, and have turned to ARMing Heroes to help get their lives back on track.

Stories of past grant recipients remind us all how rewarding this program can be. However, none of it would be possible without the support of generous donors within the ARM industry. The charity’s flagship No Debts for Vets Charity Fundraising Drive kicks-off today, September 11th, and continues through Veterans Day, November 11th.  Companies interested in getting involved are urged to visit www.armingheroes.org for more information.

About IC System, Inc.

IC System, Inc., a privately-owned, family-operated company founded in 1938, provides accounts receivable management services for many industries including healthcare, financial services, retail, utility, and communications. Headquartered in St. Paul, MN, IC. System also has an office in Wisconsin.

About ARMing Heroes

ARMing Heroes was founded and began operating in March, 2009.  The organization’s mission is to serve the needs of U.S. military veterans, including their spouse and children. ARMing Heroes fills a charitable niche by linking people identified with employment, credit, and financial counseling needs with the accounts receivable management industry, an industry uniquely poised to help in these areas.  Persons interested in volunteering their time and others interested in applying for benefits or pledging other forms of support are encouraged to contact the organization at www.armingheroes.org.

What Can I Do Right Now to Help?

  • Visit www.armingheroes.org and donate now.
  • Make ARMing Heroes your designated charity through the AmazonSmile program.
  • Like the ARMing Heroes page and post this article to your page on Facebook.
  • Tweet about this article on Twitter.
  • Join our group on LinkedIn, the ARMing Heroes Veterans Charity Supporter / Assistance Center.
  • Forward this article via email to your key contacts.
  • Print this article and fax it to your local congressional office and ask them to post our website on theirs as a resource for vets.

Hold a Drive and Support Military Vets Like I.C. System
http://www.insidearm.com/doing-it-right/hold-a-drive-and-support-military-vets-like-i-c-system/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

Filed Under: News

Empereon-Constar Announces Plans To Open A Nearshore Call Center Facility In Baja

September 13, 2015 By Leave a Comment

Phoenix, Arizona – Empereon-Constar, a leading provider of comprehensive contact center solutions that span the entire lifecycle of a consumer account, announced today plans to open a new nearshore facility in Baja.  This expansion allows Empereon-Constar to accommodate current and future client growth needs while delivering a strategic advantage to clients requesting a nearshore option.

“The opening of our Baja contact center strengthens our service offerings to current clients and also allows us to expand into new markets,” said Travis Bowley, CEO of Empereon-Constar.  “Additionally, it demonstrates our ongoing commitment to providing innovative, high quality, cost competitive global solutions on behalf of our clients.”

Located just minutes from San Diego, California, the Baja facility will be under Empereon-Constar’s direct management, offering clients a seamless extension of our existing operation with all the advantages of a cost effective nearshore contact center.  The center features a world-class IT infrastructure and well-educated agents who are fluently bilingual, fully bicultural, and highly skilled. Empereon–Constar plans to open the center with new business in Q4 2015.

“I am delighted to see this center established,” said Yvonne Torrijos, Chief Marketing Officer of Empereon-Marketing. “It provides a high-touch global solution with many benefits to our clients who are requesting a lower cost, nearshore solution.”

About Empereon-Constar 

Empereon–Constar delivers comprehensive contact center solutions spanning the entire lifecycle of a consumer account, for each touchpoint of the consumer’s journey.  Through two distinct, but affiliated, privately held entities, Empereon–Constar provides end-to-end customer solutions for many leading companies representing the finance, telecommunications, entertainment media, satellite, broadband, e-commerce, consumer loan, bankcard, and underbanked business sectors. Working in partnership with each client, the companies develop innovative consumer contact solutions designed to achieve client business goals, ensure brand recognition, optimize customer satisfaction, and enhance the customer experience. Results are achieved through a combination of management expertise, extensive experience in developing highly skilled teams, and advanced technologies, which allows Empereon–Constar to deliver measurable value to its clients.

To learn more about Empereon-Constar, email Yvonne Torrijos at Yvonne.Torrijos@constarfinancial.com or Yvonne.Torrijos@empereon.com.

Empereon-Constar Announces Plans To Open A Nearshore Call Center Facility In Baja
http://www.insidearm.com/daily/collections-jobs-news/empereon-constar-announces-plans-to-open-a-nearshore-call-center-facility-in-baja/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

Filed Under: News

Encore Enters Settlement Agreement with CFPB – Company Position

September 13, 2015 By Leave a Comment

SAN DIEGO — Encore Capital Group, Inc. (Encore), an international specialty finance company (NASDAQ: ECPG), today announced it has entered into a settlement agreement with the Consumer Financial Protection Bureau (CFPB). The settlement includes a civil payment and consumer refunds connected to two isolated issues, which are not current practice and were changed some time ago.

“After rigorously and thoroughly scrutinizing seemingly countless aspects of our business for more than a year, the CFPB ultimately identified only two key issues warranting consumer refunds,” said Kenneth A. Vecchione, President and Chief Executive Officer. “While we disagree with the CFPB’s positions on these two issues, we chose to agree to a settlement so we can move forward. We also believe the CFPB is imposing yet-to-be-adopted rules to past practices. This outcome is not about current law or rules already on the books, but instead about the CFPB subjecting companies to its own interpretations that have never been codified or adopted.”

The consumer refunds in the settlement are tied to alleged issues regarding time-barred debt and dispute language in litigation. On the issue of time-barred debt, the CFPB said that when Encore sent letters that mentioned a “settlement” opportunity for the consumer (which typically included a debt forgiveness component), specifically using the word “settlement” implied that litigation was being threatened. Encore supports the disclosure of time-barred debt even though a number of courts have found there is no requirement to do so under governing law.

In terms of dispute language in litigation, the CFPB thinks Encore should not have assumed that a consumer debt was valid if the consumer did not dispute it under the Fair Debt Collection Practices Act (FDCPA). The FDCPA provides consumers with a 30-day period in which to dispute debt. Encore exceeds this requirement by giving consumers 45 days to dispute their debt under the FDCPA.

With both issues, Encore maintains that it acted in accordance with all relevant laws. When the CFPB provided a different interpretation, Encore, in keeping with its industry leadership in consumer-centric approaches, chose voluntarily to change its practices, although not agreeing with the CFPB’s position. These best practices were implemented long before they became requirements of this settlement.

“As a result of these two settlement issues, Encore expects to take a one-time, after-tax charge of $43 million in the third quarter of 2015,” said Jonathan Clark, Chief Financial Officer. “We believe this charge encompasses all related impacts of this settlement, including civil monetary penalties, restitution, ancillary state regulatory matters, legal expenses and impairments of several pool groups due to the impact on our current ERC for our historic book of business. Overall, the company anticipates that after this one-time charge, any future earnings impact will be immaterial. Specifically, excluding the one-time charge, Encore’s earnings growth trajectory remains intact.”

In addition to the financial impact, the agreement also sets out specific operational requirements to be followed by Encore. Substantially all of these requirements are part of Encore’s current operations, and some have been in place for several years. With the few adjustments that still need to be made, it is only a matter of fine-tuning existing practices.

“This outcome does not change the way we think about our long-term growth prospects. If anything, it strengthens our competitive position in the marketplace because we believe this settlement, which we are largely compliant with, will become de facto standards for the entire sector,” said Vecchione. “The fact is that the financial services and debt buyer industries operate in a challenging environment where regulators can reinterpret laws at any time. For years, we’ve been investing in a consumer-centric compliance program that is second-to-none in the industry. We believe this process and the settlement validates those efforts and maintains our competitive advantage. We are well positioned to continue our industry leadership, where others must elevate their compliance practices to adjust to this new regulatory environment. We also believe these conditions could lead to further industry consolidation.”

The CFPB’s evaluation of the debt buyer industry has been going on for some time. With this action, the bureau has indicated that it intends to drive change through enforcement rather than rulemaking. The operational requirements of this settlement appear to represent the CFPB’s expectations for industry best practices, even if not currently stated in law.

“We continue to firmly believe that a fair and transparent public rulemaking process is the most appropriate method for establishing industry standards,” said Greg Call, Senior Vice President and General Counsel.  “When we ultimately see final industry rules from the CFPB, we expect them to be largely consistent with what is included in this settlement. We appreciate that the CFPB has removed the ambiguity in our industry by providing much-needed clarity around key issues.  Now all companies, large and small, should operate on a more level playing field knowing the CFPB’s expectations.”

About Encore Capital Group, Inc.

Encore Capital Group is an international specialty finance company that provides debt recovery solutions for consumers and property owners across a broad range of assets. Through its subsidiaries around the globe, Encore purchases portfolios of consumer receivables from major banks, credit unions, municipalities, and utility providers. Its Propel Financial Services subsidiary also helps home and business owners resolve property tax debt and avoid foreclosure through affordable monthly payment plans.

Encore partners with individuals as they repay their debt obligations, helping them on the road to financial recovery and ultimately improving their economic well-being. Encore is the first and only company of its kind to operate with a Consumer Bill of Rights that provides industry-leading commitments to consumers. Headquartered in San Diego, Encore is a publicly traded NASDAQ Global Select company (ticker symbol: ECPG) and a component stock of the Russell 2000, the S&P Small Cap 600 and the Wilshire 4500. More information about the company can be found at http://www.encorecapital.com. Information found on the company’s website is not incorporated by reference.

Forward Looking Statements

The statements in this press release that are not historical facts, including, most importantly, those statements preceded by, or that include, the words “will,” “may,” “believe,” “projects,” “expects,” “anticipates” or the negation thereof, or similar expressions, constitute “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995 (the “Reform Act”). These statements may include, but are not limited to, statements regarding our future operating results, performance, business plans or prospects. For all “forward-looking statements,” the Company claims the protection of the safe harbor for forward-looking statements contained in the Reform Act. Such forward-looking statements involve risks, uncertainties and other factors which may cause actual results, performance or achievements of the Company and its subsidiaries to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. These risks, uncertainties and other factors are discussed in the reports filed by the Company with the Securities and Exchange Commission, including the most recent reports on Forms 10-K and 10-Q, as they may be amended from time to time. The Company disclaims any intent or obligation to update these forward-looking statements.

Encore Enters Settlement Agreement with CFPB – Company Position
http://www.insidearm.com/daily/debt-collection-news/accounts-receivables-management/encore-enters-settlement-agreement-with-cfpb-company-position/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

Filed Under: News

NYC Issues Guidance on How Quickly a Debt Collection Agency’s Call-Back Number Must Be Answered By a Human

September 13, 2015 By Leave a Comment

On July 15, 2015, the New York City Department of Consumer Affairs issued a letter in response to an inquiry from a collection agency regarding the time in which a debt collection agency’s call-back number must be answered by a natural person, and whether the consumer may be directed to leave a voicemail.

Specifically, the following questions were asked:

  1. Within what time period must a telephone call from a New York City consumer to a debt collection agency be connected to a natural person [The answer: 120 seconds]
  2. If a consumer may be “directed to leave a voice message” in lieu of connecting the call within the required time period [The answer: no]

The response letter goes on to clarify that Administrative Code § 20-493.1 (a)(i) requires that debt collection agencies provide consumers with “a call-back number to a phone that is answered by a natural person” in every communication. Title 6 of the Rules of the City of New York (the “Rules”) § 2-194(a) requires that a call to the call-back number must either be: (1) answered directly by a natural person qualified to answer consumer inquiries about the subject debt; or (2) in the case where a debt collection agency utilizes call routing technology, routed to the natural person’s telephone extension within 60 seconds and answered by that natural person within 60 seconds after the call has been routed. Thus, a consumer’s call to a debt collection agency must be answered by a natural person within a maximum of 120 seconds after the consumer’s call is linked to the debt collection agency’s telephone line.

Section 2-194(b) of the Rules requires that call-back number to be answered by a natural person “during all times when a debt collection agency conducts business with consumers.” So, during a collection agency’s business hours, calls from New York City consumers may not be directed to a voice message mailbox.

 

NYC Issues Guidance on How Quickly a Debt Collection Agency’s Call-Back Number Must Be Answered By a Human
http://www.insidearm.com/daily/debt-collection-news/accounts-receivables-management/nyc-issues-guidance-on-how-quickly-a-debt-collection-agencys-call-back-number-must-be-answered-by-a-human/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

Filed Under: News

CITC Systems Secures Final Round of Funding to Complete Development of New Cloud-Based Collections and Recoveries Platform

September 13, 2015 By Leave a Comment

Atlanta, GA – Cloud based software development company CITC Systems, Inc. are pleased to announce they have secured the final round of funding to complete and bring to market its world class integrated Collections and Recovery platform, Optimus.

Built upon a belief that client organizations are increasingly dissatisfied with the lengthy, cost prohibitive, resource intensive and disconnected approach utilized by most solution providers in the market, CITC Systems set about bringing together a core team of collections and recovery software and business professionals to design and build a new, modern solution to be delivered as Software as a Service (SaaS). Unlike most solutions available today, the Optimus solution is built from the ground up using latest technologies for deployment in the private cloud and comes ready to launch with configurable strategies, workflow, compliance oversight and reporting across the entire collections and recovery lifecycle from early first party collections through to third party agency management. Optimus provides fully integrated omni-channel consumer engagement capabilities including mobile web self-serve consumer portal with integrated payment wallet and payment/promise capabilities, 2 Way SMS and email channels to reduce call center costs, improve collection rates and mitigate process compliance risk.

We have been very fortunate to not only attract dedicated collections and recovery software industry veterans and visionaries with decades of experience, but also to have that vision shared by our funding partners, The Technology & Innovation Fund, LP (“T&I”). T&I is owned by former collections and recovery software pioneer Gordon Crawford, formerly Chairman of London Bridge Software Holdings plc and managed by former London Bridge Software Holdings plc CEO, Jon Lee.

Optimus is designed to efficiently and effectively manage a complete spectrum of collections and recovery use cases, for example:

Treatment strategy (workflow and rules) definition – Optimus utilizes industry standard BPMN2.0, Activiti and Drools in bi-directional graphical treatment strategy definition and execution. The graphical interface simplifies the definition of treatment strategies with workflow standard visual components and accurately deploys them into testing and productions environments. Optimus can generate a graphical representation of workflow usage and metrics at the enterprise level and individual account level. This feature supports improved strategy design and maintenance, audit and champion/challenger optimization. Clients are able to model the impact of strategy changes on processing and outcome volumes and model the impact of volume fluctuations and business environment variables on resource needs and costs.

Client organization hierarchy, agent workstation and queue management – Optimus permits the creation of organizational hierarchies that replicate any client enterprise including a security model that addresses corporations, regions/sub-regions, branches/operation centers and integral third-parties. Optimus utilizes modern AngularJS to create a highly flexible role-based user interface that optimizes presentation and user efficacy based on account, debtor and process characteristics. The use of AngularJS enables the provision of real-time graphical performance and work-queue indices to track and optimize agent performance, monitor for regulatory compliance, audit third party SLA adherence and other important KPI’s.

Digital engagement strategies – 85% of all customer service interactions will be automated by 2020 – Gartner. Optimus comes fully integrated with a digital engagement content and execution component that defines email and SMS content, messaging rules management with integral or client SMS aggregator integration, email services provider integration and payment systems provider integration. A client branded and definable consumer ‘any device’ self-serve portal enables clients to securely offer consumers self-serve options including opt-in for SMS and other notifications and initiate secure ‘webchat’ with client collector agent for assistance. Consumers can conduct their own income, expenditure and disposable income assessment via dynamic rules-driven web forms, securely create and update payment wallet information and make payments and/or promises to pay in accordance with client defined rules. The ability to deploy digital engagement strategies and offer self-serve facilities enables clients to optimize call center resources and engage with more consumers.

Agency Management and Compliance Oversight – The world of outsourced debt collection is changing rapidly. Lenders and their collection agency partners need to evolve and adapt to ever changing and demanding regulatory oversight and the blurring of the lines of regulatory accountability between the treatment of first party and third party debt. Lenders are obligated to exercise considerably more oversight over their agency partners and traditional approaches may no longer be enough. Optimus enables lender clients to seamlessly allocate work to their agency partners who in turn can work allocated accounts on the same collections platform as their first party lender client. Through the use of integral graphical and other monitoring tools, lenders have real-time oversight and management capabilities to identify agency performance, adherence to service level standards and adherence to compliance rules.

System of Record (SOR) for charged-off debt – Optimus is designed to manage all aspects of necessary ‘recoveries’ functionality in a single integrated application including bankruptcy/Individual Voluntary Arrangement (IVR) and other specialist processing requirements, payment apportionment, record of transactional history, computation of interest, fees, charges, ‘shadow accounting’ for bankruptcy, IVR or other arrangements and to operate if required as the system of record.

Want more information or to arrange a workshop overview? Contact us at info@citcsystems.com. CITC Systems, Inc. One Glenlake Parkway, Suite 763, Atlanta, GA 30328. www.citcsystems.com

CITC Systems Secures Final Round of Funding to Complete Development of New Cloud-Based Collections and Recoveries Platform
http://www.insidearm.com/daily/debt-collection-news/accounts-receivables-management/citc-systems-secures-final-round-of-funding-to-complete-development-of-new-cloud-based-collections-and-recoveries-platform/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

Filed Under: News

U.S. Chamber of Commerce Joins the Growing List of Petitions Against FCC For TCPA Ruling

September 6, 2015 By Leave a Comment

On the heels of the Consumer Bankers Association announcement of its filing a petition for review of the Federal Communications Commission’s July 10, 2015 Declaratory Ruling and Order, the U.S. Chamber of Commerce joins the band.

The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations.

“Although we support the rights of consumers as it relates to telephone communications, the FCC overstepped its authority by creating new restrictions on legitimate, good faith communications from businesses to their customers who previously gave their permission to be contacted,” said Harold Kim, executive vice president of the U.S. Chamber Institute for Legal Reform (ILR). “These arbitrary new limits will fuel abusive class action lawsuits against businesses.”

In its declaratory ruling and order the FCC, in a divided vote, vastly expanded the scope of the TCPA in several ways.

First, as explained in the Chamber’s petition for review, the FCC adopted a broad definition of the types of equipment covered by the TCPA, going so far as to suggest that even mass-market smartphones could be covered “auto-dialers.” The breadth of this ruling is highlighted by the fact that the FCC had to rely on the antiquated rotary phone as an example of equipment not covered by the law.

Second, the FCC concluded that the TCPA applies to any call made to a current subscriber or user of a reassigned wireless number, rather than the intended recipient.

Third, the FCC arbitrarily allowed just one call before imposing strict liability under the TCPA for calls that, without the caller’s knowledge, have been placed to a reassigned number–despite the fact that there is no practical way to verify the continued accuracy of numbers before a call is placed.

Fourth, the FCC significantly limited the TCPA’s consent defense, which is an essential statutory tool for warding off liability under the TCPA. Because the TCPA is increasingly the basis for meritless class actions that seek crippling damages of up to $1,500 per call against businesses, of all sizes and types, the FCC’s actions are particularly harmful for the Chamber’s members.

A copy of the U.S. Chamber’s petition for review is available here.

insideARM Perspective

This brings to six the number of petitions filed in this matter. Previously:

  1. ACA filed its petition for review with the United States Court of Appeals for the District of Columbia Circuit on July 10, and filed an amended petition on July 13, 2015.
  2. On August 7, 2015 four collection agencies – MRS BPO LLC, Cavalry Portfolio Services, LLC, Diversified Consultants, Inc., and Mercantile Adjustment Bureau, LLC – filed a joint motion for leave to intervene in the consolidated appeal of the FCC’s July 10, 2015 Declaratory Ruling and Order.
  3. PACE (the Professional Association for Customer Engagement, Inc.) also filed a petition for review with the United States Court of Appeals for the Seventh Circuit on July 14, 2015.
  4. On the same day, Sirius (Sirius XM Radio, Inc.) filed a virtually identical petition for review with the United States Court of Appeals for the District of Columbia Circuit.
  5. On September 3, 2015 the Consumer Bankers Association announced that they filed a petition for review of the Federal Communications Commission’s July 10, 2015 Declaratory Ruling and Order in the United States Court of Appeals for the District of Columbia Circuit.

insideARM will continue to monitor and report on this case and this issue that is critical to the industry. TCPA litigation continues to be an incredible cost to companies in this space. The long-term implications are significant.

U.S. Chamber of Commerce Joins the Growing List of Petitions Against FCC For TCPA Ruling
http://www.insidearm.com/daily/collection-laws-regulations/collection-laws-and-regulations/u-s-chamber-of-commerce-joins-the-growing-list-of-petitions-against-fcc-for-tcpa-ruling/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

Filed Under: News

insideARM Announces New Membership Director for the Compliance Professionals Forum

September 6, 2015 By Leave a Comment

ROCKVILLE, MD – With the influx of demand for insideARM’s membership organization, Liz Slovenkay joins the Compliance Professional Forum (CPF) as Membership Director.

Ms. Slovenkay’s all-encompassing marketing background and expertise as an effective communicator with strong project management, interpersonal, and strategic thinking skills has already translated into increased member engagement and interest in CPF.

Created to work for companies with a wide range of compliance budgets, CPF connects compliance professionals with the resources they need to stay on top of federal and state regulatory changes and make the best decisions for their compliance management systems. To help members lead their companies into a culture of compliance, CPF facilitates monthly peer meetings by phone, as well as in-person meetings around the U.S., where compliance professionals brainstorm and problem-solve together.

Ms. Slovenkay is tasked with inviting the right prospective members to join, onboarding new members, ensuring member satisfaction, and member retention.

Stephanie Eidelman, CEO of The iA Institute, parent company of both insideARM.com and CPF, said “I was so thrilled to add Liz to our team at this time. Her enthusiasm and attention to detail has been a perfect compliment to the facilitation and subject matter expertise of our Director of Education  (Mike Bevel) and Director of Compliance (Terri Haley). People are looking for a destination where they can get the support they need at any time to create and maintain their compliance systems. We are now equipped to deliver that, at a very reasonable price.”

Liz has a passion for lifelong learning, and a gift for being refreshingly helpful. Prior to joining the ARM industry, she worked in nonprofit world for the Jewish Social Service Agency, where she was focused on building audience engagement, fostering brand recognition, and expanding charitable giving.  Previously, Ms. Slovenkay served as the senior marketing associate for Gelman, Rosenberg & Freedman CPAs, a mid-size accounting firm specializing in nonprofit audit services. She also worked as a Sales Assistant for Comcast Spotlight, in Washington D.C. regional advertising  division.

Liz has served on the membership committee of the American Marketing Association and was VP of Public Relations for the Kemp Mill Toastmaster Club.

insideARM Announces New Membership Director for the Compliance Professionals Forum
http://www.insidearm.com/daily/collection-laws-regulations/tcpa/insidearm-announces-new-membership-director-for-the-compliance-professionals-forum/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

Filed Under: News

Ontario Systems Chief Compliance Officer Added to Arum Roundtable Presentation Roster

September 6, 2015 By Leave a Comment

MUNCIE, Ind. – Ontario Systems, a leading accounts receivable technology and services provider, announced its chief compliance officer, Rozanne Andersen, has been added to the Arum Roundtable’s presentation roster today, along with marketing vice president Casey Stanley. One of several events held each year, Arum Roundtable brings together a select group of senior collections and recoveries leaders to discuss key ARM industry topics. Andersen and Stanley will cover their analysis of U.S. vulnerability and compliance during the session.

“We are delighted to have Rozanne flying in from the U.S. to present,” says Aleks Tomczyk, Arum Chief Executive. “She is the perfect fit to open a discussion on compliance in collections and recoveries for our audience of C-level executives from utilities, banking and debt purchasers – all looking forward to what always proves to be a thought-provoking event.”

Previous attendees and speakers at Arum events have included HSBC, Barclays Bank, Barclaycard, RBS, Deutsche Bank, Tesco Bank, Sainsbury’s Bank, Thames Water, Scottish Power, Hoist Finance, E.ON, and National Australia Group. Andersen joins that esteemed company on the back of her shortlisting for two international compliance awards this year: Chief Compliance Officer of the Year, and Lifetime Achievement Award for Services to the Compliance Industry. Stanley brings more than 15 years of experience in the collections technology market, plus three years in the U.K. collections tech market.

“More than anything, I’m looking forward to reconnecting with an excellent team of outstanding collections and recovery thinkers,” says Stanley. “That’s really what Arum events bring to the table. My time in the U.K. taught me our company and others in the U.S. can learn a lot from the U.K. market about how to better use technology in their collections operations. Conversely, their professionals are eager to gain insight into our market and where we are going.”

“The U.S. collections market requires passionate, dedicated and expert compliance professionals to remain successful,” Andersen concludes. “Finding the inspiration to rise to that challenge might as easily come from those dedicated to their industries across the pond as it might here at home. I’m as excited to listen and learn from our audience as I am to speak with them.”

About Arum

Arum is an independent collections technology consultancy boasting a blue chip customer base including global banking groups; major financial services organisations; debt collection agencies; and business process outsourcers. Headquartered in Edinburgh, Scotland, Arum works with businesses across EMEA, Asia Pacific and Americas, and delivers support and improvement across strategy, operations and training; systems consultancy; data and analytics; and software and products.

About Ontario Systems

Ontario Systems, LLC is a leading provider of accounts receivable and strategic receivables management solutions for the collection and healthcare industries. Offering a full portfolio of software, services and business process expertise, Ontario Systems customers include nine of the 10 largest collection agencies and three of the top six best health systems in the U.S., with 55,000 representatives in more than 500 locations.

To learn more about how Ontario Systems can help power up your receivables, visit OntarioSystems.com or email info@ontariosystems.com.

Ontario Systems Chief Compliance Officer Added to Arum Roundtable Presentation Roster
http://www.insidearm.com/daily/debt-collection-news/accounts-receivables-management/ontario-systems-chief-compliance-officer-added-to-arum-roundtable-presentation-roster/
http://www.insidearm.com/feed
insideARM

Accounts Receivable Management

Filed Under: News
« Previous Page
Next Page »