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Defeat Claims That Your Envelopes Violate the FDCPA

October 25, 2014 By admin Leave a Comment

The Third Circuit Court of Appeals ruled recently in Douglass v. Convergent that a debt collector’s envelope, which disclosed a collection agency account number through the window in the envelope, raised privacy concerns and violated the FDCPA.

The Court in Douglass held that the collection agency account number — visible through the window on the envelope presumably for return mail sorting purposes — was “a piece of information capable of identifying Douglass as a debtor.”

In analyzing the claim in Douglass, the Court examined the FDCPA, and specifically Section 1692f(8) which prohibits:

Using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

Since the Douglass ruling, filings of similar cases against debt collectors have been brisk, especially in Pennsylvania and New York.

In the latest episode of the Debt Collection Drill, attorneys John Rossman and Mike Poncin discuss the Douglass decision and some specific legal theories upon which debt collectors may defend similar claims.

Listen to the 12-minute episode below:

http://traffic.libsyn.com/thedrill/TDCD_ep42.mp3

(If you cannot see the audio player above, please download the file directly at http://traffic.libsyn.com/thedrill/TDCD_ep42.mp3.

Defeat Claims That Your Envelopes Violate the FDCPA
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Accounts Receivable Management

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Are these Marketing Tactics a TRICK or a TREAT?

October 25, 2014 By admin Leave a Comment

Lindsey Walters

Remember Trick or Treating? Skipping the houses that were giving out toothbrushes and trying to hit the houses with king size candy bars twice. You may not have known it then, but you were strategizing. Marketing your brand can be just like trick or treating, except instead of looking for candy, you are looking to grow your business.

Marketing tactics and offerings can prove to be worthwhile or overall duds. Because Halloween is around the corner, we decided to help outline some of these for you. The verdict is in; here are our results on what marketing tactics are tricks and what are treats.

Advertising: TREAT. This offering allows you to gain exposure and build brand awareness. See our blog post on how to implement a prosperous ad campaign to learn more about advertising!
Purchasing Lists of Contacts or Prospects: TRICK. Sure, buying contact lists from larger sources is easy and might get you tons of new contacts into your database. However, if those contacts are not qualified or not prepared to hear from you, odds are that you’re messaging will go in one ear and out the other – or into an inbox and straight to the trashcan. Furthermore, if you are emailing out promotions, there is a chance that your purchased prospects can report you as spam, effecting your future messaging.
Pushing the Envelope: TREATS that can develop into a TRICK. We highly encourage and approve of those who come up with new and innovative ways to get your branding or messaging out to people. A great example of something out of the box is hosting an “after party” or networking event in the after-hours of a large industry event, like a conference. This is a great way to capitalize on face-to-face time with prospects and clients that are all in town at the same time for an event. An example of pushing the envelope gone wrong is offering something racy or sexually explicit to entice people to come to your booth at a conference. You might have gotten everyone in the room talking about you, but did it bring you any business? We applaud you for thinking creatively, but cannot stress enough to keep it classy.
Looking for Data: TREAT. When marketing through another company or individual, things like conversion rates, impressions, clicks, pageviews, past averages and other statistical data can truly open your eyes. If a company’s pageviews seem too good to be true, you might want to ask some clarifying questions like are these pageviews over a lifetime, year, or month. Be smart and do your comparisons before making your marketing decisions, you might be surprised at what you discover. Decisions based off of data help you to gauge the effectiveness of your campaign up front.
Sending out eBlasts: TRICK or TREAT. Sending out eBlasts are a great way to electronically get your message straight to the inbox of clients or prospects. Whether you are sending to an internal list or you are working with someone else, making sure your message is relevant to the reader is imperative. Otherwise, they might click that dreaded unsubscribe button.
Blogging: TREAT. Corporate blogging is meant to share your expertise on a particular subject to an audience of clients and prospects. This is an excellent and effective form of content marketing that can grow your customer base or deepen your current relationships by truly providing valuable education.

Planning out your marketing for next year already? Be sure to check out our 2015 Media Kit to find more marketing treats.

Are these Marketing Tactics a TRICK or a TREAT?
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Accounts Receivable Management

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DBA International Certifies First Collection Law Firm

October 25, 2014 By admin Leave a Comment

DBA International (DBA) announced the first certified collection law firm under its expanded Certified Professional Receivables Company (CPRC) program. Within weeks of the program expansion, G. Reynolds Sims & Associates, P.C. completed the process and was approved at the October 16, 2014 meeting of the DBA Certification Council Administration and Budget Committee Meeting.

A proponent of compliance and transparency throughout the debt lifecycle, Reynolds Sims was an advocate for the expansion of the DBA International certification program to include collection law firms and third party agencies. “Expanding the certification program strengthens compliance integration and ensures that the same rigorous standards are being upheld for the consumer,” said G. Reynolds Sims, Founder and Chief Compliance Officer of G. Reynolds Sims & Associates.

As a result of the expansion of the certification program, DBA adopted nine new standards of best practices focused on activities performed by collection law firms and third party collection agencies. New standards include subject matter associated with consumer complaints, trust accounts, bonding/malpractice insurance, professional conduct, and the client-vendor relationship.

DBA’s certification program was originally designed for debt buying companies and will become a requirement for membership in February 2016. Responding to an increasing number of inquiries, DBA expanded the program on a voluntary basis to include collection law firms and third party agencies in October 2014.

The certification program consists of two types of certifications: a company-based certification and an individual-based certification required of a certified company’s Chief Compliance Officer and voluntarily chosen by other industry professionals. Prior to obtaining their company certification, Sims completed the individual Certified Receivables Compliance Professional designation.

“The expanded certification program represents a comprehensive national standard of industry best practices,” stated Sims. “It stresses responsible consumer protection, increased transparency and improved educational and operational standards within the industry. “

DBA encourages all receivables management professionals and member companies to seek certification. More information on the DBA Certification Program, including full program requirements and CPRC and CRCP applications are available on the DBA website.

DBA International (DBA) is the nonprofit trade association that represents the interests of companies that purchase performing and nonperforming receivables on the secondary market. Founded in 1997 by a small group of companies to provide a forum to advance best practices within the industry, today DBA has grown to represent over 550 companies. DBA provides its members with networking, educational, and legislative advocacy opportunities through an annual conference, an executive summit, regional seminars, state and regional committees, newsletters, webinars, teleconferences, and other media. DBA maintains a code of ethics and a national certification program which debt buying member companies must comply with in order to maintain membership that promotes uniform industry standards based on best practices. DBA is headquartered in Sacramento, California.

DBA International Certifies First Collection Law Firm
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Accounts Receivable Management

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Watch the FTC-CFPB Roundtable on Debt Collection & the Latino Community

October 25, 2014 By admin Leave a Comment

The Federal Trade Commission and the Consumer Financial Protection Bureau will co-host a roundtable in Long Beach, California today to examine how debt collection and credit reporting issues affect Latino consumers, especially those who have limited English proficiency (LEP).

The event, titled “Debt Collection & the Latino Community,” will bring together consumer advocates, industry representatives, state and federal regulators, and academics to exchange information on a range of issues. Topics will include:

An overview of the Latino community, their finances, and the collectors who contact them;
Pre-litigation collection from Latino consumers;
The experience of LEP Latinos in debt collection litigation;
Credit reporting issues among LEP Latinos; and
Developing improved strategies for educating and reaching out to LEP Latinos about debt collection.

The event promises to be an important one for the debt industry. If you can’t make it to Longbeach today, the FTC is offering a free webcast of the proceedings from their homepage. The event begins at 9am Pacific, 12pm Eastern.

Visit http://www.consumerfinance.gov/blog/live-from-long-beach/ to view the event.

Watch the FTC-CFPB Roundtable on Debt Collection & the Latino Community

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Accounts Receivable Management

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Circuit Court Rules Against Debt Collector in TCPA Decision Supported by FCC Brief

October 18, 2014 By admin Leave a Comment

The Second Circuit Court of Appeals Thursday ruled against a debt collection agency in a TCPA express prior consent case, reversing a lower court decision and hewing closely to a requested amicus brief filed by the FCC on the matter.

The closely-watched case, Nigro v. Mercantile Adjustment Bureau, involved a consumer receiving autodialed calls to his cell phone. But the consumer plaintiff was not the account holder, rather, he provided his cell number to an electric company while attempting to shut off service.

Nigro contacted a power company in New York to shut off electricity at his recently deceased mother-in-law’s house. In that process, he provided the company with his cell phone number. Mercantile Adjustment Bureau (MAB), acting on behalf of the power company, subsequently called Nigro 72 times over a nine month period to collect on a $67 delinquency that remained on his mother-in-law’s account.

Nigro filed suit alleging, among other things, that the collection agency violated the TCPA by not obtaining his consent to call his cell phone for the purpose of debt collection. A district court judge sided with MAB, granting it summary judgment. The judge relied, in part, on the FCC’s 1992 rulemaking order that declared, “persons who knowingly release their phone numbers have in effect given their invitation or permission to be called at the number which they have given, absent instructions to the contrary.”

When Nigro appealed the case to the Second Circuit, the judges reached out to the FCC for clarification.

In its amicus brief in the case, the FCC pointed to its 2008 declaratory ruling — issued at the request of ACA International — in concluding that MAB’s debt collection calls did violate the TCPA and that the district court’s ruling should be reversed on appeal. The FCC noted that the 2008 ruling held that “prior express consent is deemed to be granted only if the wireless number was provided by the consumer to the creditor, and that such number was provided during the transaction that resulted in the debt owed.”

The Second Circuit panel deferred to the FCC’s brief, writing, “Under the FCC’s interpretation of the statute, Nigro did not consent” because his number was not provided in that context.

The judges noted that the FCC has recently shifted its treatment of debt collection calls, specifically, under the TCPA. “Initially, the FCC provided no special treatment for debt collection calls,” the panel wrote. “The Commission held that these calls were adequately covered by the ‘established business relationship’ rule. More recently, however, the FCC has provided specific limits on automated calls by debt collectors,” referring to the “during the transaction that resulted in the debt owed” provision.

Using that standard, the Second Circuit judges wrote, “Nigro plainly did not consent. He did not provide his phone number ‘during the transaction that resulted in the debt owed.’ Indeed, he provided his number long after the debt was incurred and was not in any way responsible for – or even fully aware of – the debt. For the same reason, he was not a ‘consumer’; he was a third party.”

The case was reversed and remanded to the district court for further proceedings.

In a footnote, the judges noted that they were deciding the case narrowly on the facts and that other circumstances could result in a different disposition:

“We do not decide what the outcome would be if a consumer were to open an account with a creditor and initially provide only his home phone number, but later in the course of the relationship provide a wireless number. Whether a subsequently given phone number is given as part of a continuing ‘transaction,’ or a transaction separate from the initial one that ‘resulted in the debt owed,’ is a question for future courts.”

Circuit Court Rules Against Debt Collector in TCPA Decision Supported by FCC Brief
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Accounts Receivable Management

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NPR Explores the Underworld of Debt Buying and Collection

October 18, 2014 By admin Leave a Comment

NPR Thursday on its “All Things Considered” program ran a segment focusing on the post-secondary debt purchasing and collection world through the eyes of an ex-con in Buffalo.

The seven-minute piece told the story of Jimmy, a character in an early piece by Jake Halpern. The spot is flowing from the promotional push for Halpern’s new book on the debt collection industry, published this week.

While the segment explores Jimmy’s early experience of rising from the streets to run a debt collection shop, it also delves into some shadier elements of the debt buying world, like fraud and double sales.

Read (or listen to) the piece here.

NPR Explores the Underworld of Debt Buying and Collection
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Accounts Receivable Management

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Federal Agency CFPB Offers New Tools to Student Loan Borrowers in Financial Distress

October 18, 2014 By admin Leave a Comment

The U.S. financial watchdog Consumer Financial Protection Bureau (CFPB) Thursday released a new set of tools student loan borrowers can use if they run into trouble making payments on their accounts.

The federal agency’s goal in the release is to help distressed borrowers avoid defaulting on their student loans and going into collections.

The CFPB released a sample letter that consumers can edit and send to their student loan servicer to request lower monthly payments and information on available repayment plans. Borrowers can download the sample letter to send by mail, or simply cut and paste the text into their servicer’s website. The letter specifically requests monthly payments that would allow borrowers to meet their other living expenses.

Download the CFPB’s sample letter (.doc format)

The CFPB has also developed a sample financial worksheet to assist borrowers in determining maximum funds available to pay their student loans. Figuring out how much one can reasonably afford each month is often difficult for young adults that have not had to set a household budget previously. The Bureau is hoping that the budgeting help can keep loans current.

Download the CFPB’s financial worksheet (.doc format)

The CFPB also encouraged student loan borrowers to use its existing Repay Student Debt tool, an interactive “wizard” that steps debtors through the many options available to make payments.

The publicizing of the new tools comes in conjunction with a report also released Thursday by the federal agency. The 2014 CFPB Student Loan Ombudsman’s Annual Report notes that the Bureau received a sharp increase in complaints from student loan borrowers that private lenders were not “providing concrete loan modification options.”

The report analyzed more than 5,300 private student loan complaints between Oct. 1, 2013 and Sept. 30, 2014, an increase of 38 percent over the previous year. It highlights that many consumers expressed a commitment to repaying their loans if they could qualify for a payment plan that reflected their current financial circumstances.

But many of these borrowers are being driven to default because no viable repayment options are available to them.

When a consumer defaults on their private student loan, the whole balance may become due in full, immediately. This usually causes damage to a consumer’s credit profile. It can also negatively affect a consumer’s ability to pass a background check for a job, obtain housing, and impede access to other forms of credit.

Rohit Chopra, the CFPB’s Student Loans Ombudsman, noted in a blog post that “Although some companies are willing to help borrowers during a time of financial distress, unfortunately, not all private student loan companies offer assistance when consumers are struggling to repay their loans. Using [these tools] may help you get a clear answer and avoid long hold times and transfers from one call center representative to another.”

Federal Agency CFPB Offers New Tools to Student Loan Borrowers in Financial Distress
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Accounts Receivable Management

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ARMing Heroes Board of Trustees Expands by Three

October 18, 2014 By admin Leave a Comment

ARMing Heroes, the collection industry’s charity for military veterans, today announced the addition of three prominent industry leaders to its board of trustees (“the board”). Corey Gabler, Todd Langusch, and Everett Stagg join the organization’s board during its fifth annual No Debts for Vets Charity Fundraising Drive, which runs from September 11^th through November 11^th every year.

This past summer, the organization reached out to its donor base to put out feelers for board member nominations and received interest from several interested parties. The board’s vote last week to add these three new members adds a wealth of knowledge, expertise, and opportunity for the growth of the organization and its mission to help veterans facing financial difficulties.

Corey Gabler spent nearly five years in the U.S. Marine Corps, serving in more than 19 countries around the globe, from Camp Pendleton, CA, to Afghanistan. Mr. Gabler is currently the Vice President of VeriFacts, Inc., a company in the industry specializing in skiptracing, asset location, legal recovery solutions, and account resolution.

Corey Gabler on deployment

When asked about his desire to join the board, Mr. Gabler commented, “Being a vet myself, I’ve supported several veterans’ charities over the years. ARMing Heroes gives me the unique opportunity to be part of something so specific to the industry in which I function each and every day, while supporting our vets at the same time. Knowing that when we do our jobs right and resolve the issues with our clients, we’re directly helping deserving vets that have the same debt issues we see in our everyday work environment—it really brings it home for me, and I’m excited to be such an integral part of this organization.”

Corey Gabler

Corey plans to draw from his past participation in several veteran fundraisers along with his experience with the Wounded Heroes Foundation and bring that knowledge and expertise to the ARMing Heroes organization.

Todd Langusch, President and CEO of TECH LOCK, Inc, a Service-Disabled Veteran-Owned Small Business, served in the U.S. Navy for nearly eight years, including service during Operation Desert Shield during the Gulf War era.

Todd Langusch in the Navy

Because so many ARMing Heroes grant recipients have a service-connected disability, his own experience as a service-disabled vet offers a personal connection to ARMing Heroes and strengthens his desire to give back to those who have sacrificed so much.

Commenting on his addition to the board, Mr. Langusch stated, “I’ve always been passionate about charities, ready to give 110% to a worthy cause. For ARMing Heroes, to be able to support my brothers and sisters-in-arms and give back to those who have given so much, it was a no-brainer.”

Todd Langusch

Todd’s previous experience with charitable endeavors includes highly-successful fund drives for Alex’s Lemonade Stand, the Make-a-Wish Foundation, and an American Red Cross Blood Drive. He hopes to continue this record of success with ARMing Heroes, and looks forward to year-over-year growth in monies raised and number of vets helped.

Everett Stagg is a veteran of the U.S. Navy with a personal understanding of the challenges soldiers can face when returning home from service. Mr. Stagg is currently the President of Coast Professional, where he oversees, directs, and develops overall collection strategy and management staff. With more than two decades of experience in the industry, Everett not only brings his wealth of knowledge to the board, but also his dedication and personal commitment to ensure the ongoing success of the ARMing Heroes organization.

Everett Stagg

Commenting on his appointment to the board, Mr. Stagg stated, “I believe this is an invaluable way for me to give back to the men and women who have put everything on the line for our country. As a veteran myself, it is an honor to be able to help our men and women in uniform.”

Mr. Stagg is involved in a wide range of local and national organizations, and plans to draw from those experiences and bring a fresh voice to the ARMing Heroes board.

The board now comprises eight individuals with plans for further expansion into 2015. Interested parties can complete the contact form at www.armingheroes.org or reach out to one of the board members through the website to express a desire to nominate themselves or someone else to become involved.

With less than one month remaining in the 2014 drive, there’s still time for interested companies to get involved and support this worthy cause. This year, the charity has made it even easier to do just that by offering an Employee Fund Drive Starter Kit, as well as implementing a Donor Dog Tag promotion to encourage and commemorate employees’ support of military vets. Interested companies can learn more here http://www.armingheroes.org/arming-heroes/ways-to-help/hold-a-drive.

ARMing Heroes relies on the generosity of ARM industry companies across the country to make this grant program possible. 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.

The charity’s flagship No Debts for Vets Charity Fundraising Drive started on September 11^th and continues through Veterans Day, November 11^th. Tax-deductible donations are being accepted online at www.armingheroes.org and via mail to PO Box 353, Collingswood, NJ 08108, payable to ARMing Heroes. Pledges may be made to info@armingheroes.org.

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.
Friend us 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.
Comment on this article online and ask us to contact you.
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.

ARMing Heroes Board of Trustees Expands by Three
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Accounts Receivable Management

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Executive Changes: Brumbaugh & Quandahl Law Offices Announces New Management Team

October 18, 2014 By admin Leave a Comment

Brumbaugh & Quandahl Law Offices announced today a new management team comprised of well-respected veterans from the ARM industry.

Kirk Brumbaugh, President of the firm, stated, “We’re proud to make this announcement and to introduce our capable new team.”

Recent additions include Dorothy Majewski (I.T.), Pablo Hanke (I.T.), Asad Zafar (I.T.), Nicole Hansen (Collections Mgr.), Rich Powers (Forwarding, Asst. Dir. Ops), and Ryann Blesing (Client Services Mgr.) and Roy Napora (Compliance Mgr.).

“We’ve been fortunate to have assembled a group of very talented individuals who are dedicated to client priorities and the success of the firm,” Brumbaugh said.

Brumbaugh & Quandahl Law Offices was founded in 1990 and since that time has served the ARM industry. The firm has offices in Des Moines, IA, Kansas City, MO, Kansas City, KS, Denver, CO, and is headquartered in Omaha, NE.

Executive Changes: Brumbaugh & Quandahl Law Offices Announces New Management Team

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Accounts Receivable Management

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New Book Explores World of Secondary Debt Buying and Scam Collection Agencies

October 11, 2014 By admin Leave a Comment

A book being released early next week takes an unflinching look at the world of consumer debt buying, specifically the market for secondary portfolio purchases and the unique challenges facing ARM professionals that chase older debt.

The book, “Bad Paper: Chasing Debt from Wall Street to the Underworld,” is a continuation and expansion of the recent work of author Jake Halpern. The book will be available for purchase October 14.

Halpern has published a number of pieces over the past several years, all stemming from his investigation of the debt buying industry, mostly in the Buffalo, N.Y. area. In August, The New York Times Magazine ran a piece, “Paper Boys,” that was a direct adaptation from the book. In 2012, news broke that HBO was developing a TV series based on a 2010 New Yorker piece, “Pay Up,” also written by Halpern. That story, while involving different characters, also focused on Buffalo debt buyers.

But now the main work is hitting the stands.

The official description from the publisher reads: Introducing an unforgettable cast of strivers and rogues, Jake Halpern chronicles their lives as they manage high-pressure call centers, hunt for paper in Las Vegas casinos, and meet in parked cars to sell the social security numbers and account information of unsuspecting consumers. He also tracks a “package” of debt that is stolen by unscrupulous collectors, leading to a dramatic showdown with guns in a Buffalo corner store. Along the way, he reveals the human cost of a system that compounds the troubles of hardworking Americans and permits banks to ignore their former customers.

And there have been plenty of recent media appearances that serve as an indication of the tone of the book.

Halpern sat down this week with NPR’s “Fresh Air” for a lengthy segment discussing the book. He says at one point, “It would be convenient and easy to just kind of vilify the collectors as the kind of heartless player in this drama. But what was apparent was what you said, which is that a lot of these guys that are collecting are just a step or two beyond poverty or if they’ve done well themselves, they’ve worked very, very hard to pull themselves out of difficult situations.”

He also relayed his experience posing as a debt collector for the book. That experience was covered in a New York Times piece last weekend titled “A Debt Collector’s Day.”

The book promises to be a thorough and realistic exploration of a branch of the ARM industry. We haven’t had a chance to read the entire book. Would insideARM.com readers be interested in an official book review? We take reading seriously at the global headquarters.

New Book Explores World of Secondary Debt Buying and Scam Collection Agencies
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