TransUnion Enhances Decisioning Solutions through Partner Program Expansion

Chicago, Ill. — As the global economy shifts and consumer
credit markets evolve, credit decisioning requirements have become even more
complex and customized. To better address the rapidly evolving needs and
priorities of financial institutions, TransUnion (NYSE: TRU) announced today an
expansion of its go-to-market strategy for decisioning solutions by including
leading decisioning platforms within its global
Strategic Alliance
Distribution Partner Program
.


The expansion was driven by TransUnion’s
extensive research of how to best
meet long-term decisioning needs within the financial services industry. The findings
uncovered a growing need for more open and flexible platforms with self-service
capabilities—both of which empower business users to change custom rules, add
new data sources, and update custom risk models to adapt to the market in
real-time. To deliver the best service possible, TransUnion’s world-class data
and analytics solutions are now also available via Strategic Alliance partners
for credit decisioning.

“Today’s announcement will ensure financial
institutions—both large and small—gain access to
world-class data and analytics solutions in rapid fashion,”
said
Aaron Smith, TransUnion’s vice president
of global platform partnerships.
“In selecting partners for the program, we engaged in a
rigorous evaluation that included 130 categories and 20 sub-categories. Based
on their assessment and our customers’ current and future needs, we partnered
with industry-leading decisioning platforms such as GDS Link, Provenir, and
others.

 

The new partners expand on TransUnion’s existing
Strategic Alliance Distribution Partner Program, which includes leading
providers
within Collections, Loan Origination Systems,
Data Analytics, Core platforms, and more. The addition of decisioning providers
will
meet customers’ rapidly evolving
needs for increasingly complex and custom decisioning requirements across the
customer lifecycle.


“As a global leader in credit risk management, we are
thrilled to join TransUnion’s Strategic Alliance Distribution Partner program
for decisioning,” said Paul Greenwood, CEO of GDS Link. “Our customer-centric
decisioning automation platform, Modellica, coupled with TransUnion’s
world-class data and analytics, provides a better experience for lenders and
borrowers alike. Together, business users can expand upon the value of their
TransUnion data, while they build, test, and deploy risk strategies in
real-time without the need for heavy reliance on IT resources.”

In addition to the
agility and flexibility made possible by decisioning partners, business users
can also
greatly expedite
the delivery of much-needed roadmap items and key functionality that can
immediately solve for their requirements.

“Organizations must be able to make accurate credit decisions
instantly to deliver superior customer experiences, and Provenir’s AI-powered
decisioning platform makes it possible by bringing together the essential
components of data, AI and decisioning,” said Kathy Stares, Executive Vice
President, North America for Provenir. “We’re enjoying great success partnering
with TU to help clients respond quickly to market changes and make smarter,
real-time decisions.”

While partner availability varies by region, customers who
require an industry-standard solution to drive their prequal and prescreen strategies
can still rely on TransUnion for its decisioning solutions and ongoing support,
keeping their data, attributes, and scores available in a flexible, scalable
manner which fits their needs.

Find out more about TransUnion’s Strategic Alliance
Distribution Partner Program network
here.

About TransUnion (NYSE:TRU)

TransUnion is a global information and insights company that
makes trust possible in the modern economy. We do this by providing an
actionable picture of each person so they can be reliably represented in the
marketplace. As a result, businesses and consumers can transact with confidence
and achieve great things. We call this Information for Good.® A
leading presence in more than 30 countries across five continents, TransUnion
provides solutions that help create economic opportunity, great experiences and
personal empowerment for hundreds of millions of people.

http://www.transunion.com/business

About Provenir

Provenir helps fintechs and financial services providers make
smarter decisions faster with our AI-Powered Risk Decisioning Platform.
Provenir brings together the three essential components needed – data, AI and
decisioning – into one unified risk decisioning solution to help organizations
provide world-class consumer experiences. This unique offering gives
organizations the ability to power decisioning innovation across the full
customer lifecycle, driving improvements in the customer experience, access to
financial services, business agility, and more. Provenir works with disruptive
financial services organizations in more than 50 countries and processes more
than 3 billion transactions annually.

About GDS Link

GDS Link is a global leader in credit risk management,
providing tailored software solutions and analytical and consulting services.
Our customer-centric risk management and process-automation platforms are
designed for the modern lender in their pursuit to capitalize on the entire
credit lifecycle. By providing a personal, consultative approach and leveraging
our own industry-leading knowledge and expertise, GDS Link’s solutions and
services deliver exceptional value and proven results to thousands of clients
around the world.

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Numeracle Extends Branded Calling Across Full Provider Network

MCLEAN, Va.– Numeracle Inc.,
the pioneer of
Verified Identity™ for communications, today announced its ability to collaborate
across all major branding solution providers to offer branded calling to
Verified Identities as an extension of its existing Entity Identity Management™
(EIM) platform.

As consumers demand
more transparency around who is calling and why, the need for enterprise-level
solutions to display secure, branded information on an incoming call screen is
driving innovation in caller identification technologies powered by rich call
data (RCD). Now available across the top wireless provider networks and device-level
platforms such as Google, branded calling via RCD allows verified businesses to
present a brand name (as well as logo and custom call reason where available)
to wireless device subscribers.

“Enterprises have made
the need clear to Numeracle for a single platform bringing branded calling
technologies across multiple solution providers together in one place,” said
Anis Jaffer, Chief of Product, Numeracle. “To respond to this need, Numeracle
has collaborated across the branding partner network to deliver an aggregated
identity and brand management platform to our customers for ease of management
across a disconnected ecosystem.”

The ability to
configure and launch branded calling across all major provider networks comes
as an optional add-on to Numeracle’s existing phone number reputation
management offering, powered by its EIM platform, which has enabled hundreds of
entities to identify and remediate improper Scam and Spam labeling of
legitimate business calls since 2018.

“We started this
journey by empowering Verified Identities with the visibility and control to
correct improper labeling across the full wireless ecosystem,” said Rebekah
Johnson, Founder & CEO of Numeracle. “We now take this a step further by
providing the option of branding as an additional layer of trust, giving the
enterprise control to define how its identity is consistently presented across
the branding solution provider network.”

“Delivering our calls
with the highest level of authenticity so customers have the trust to answer
and interact with the brand is absolutely critical,” said Josh Gordon, Senior
Vice President of Commercial Marketing,
InfoCision
Management Corporation
.
“Defining and managing branding within Numeracle’s EIM platform allows us to
reach the largest percentage of mobile users with branding they recognize and
have the confidence to pick up or call back.”

To learn how your
brand may benefit from adding caller name and logo (where available) across
multiple networks and device types, visit
www.numeracle.com/branded-calling.

About Numeracle

Numeracle’s Entity Identity Management™ (EIM)
platform empowers the delivery of legal, wanted communications. By working with
technology providers, carriers, device manufacturers, analytics companies, and
others, we provide visibility, control, and management across the major
stakeholders influencing communications delivery to give businesses control
over their brand’s identity. Core competencies include prevention and
management of improper blocking and labeling, KYC-based entity verification and
credentialing for STIR/SHAKEN, and branded communications through rich call
data (RCD). To learn more, visit
www.numeracle.com

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Utah Speedily Becomes Fourth State to Enact Consumer Data Privacy Legislation

On March 24, Utah Gov. Spence Cox signed into law SB 227, the Utah Consumer Privacy Act.  This makes Utah the fourth state, behind California, Virginia, and Colorado, to enact comprehensive consumer data privacy legislation.

The Act will become effective Dec. 31, 2023.

The legislation moved quickly, from introduction to enrollment in less than a month, presumably due to its sponsors laying the groundwork in 2021 with SB 200.

Applicability 

The Act applies to any controller or processor that does business in Utah, or produces a product or service targeted to Utah consumers, and:

  1. has annual revenue of $25,000,000 or more; and
  2. satisfies one or more of the following thresholds:

  • during a calendar year, controls, or processes personal data of 100,000 or more consumers; or
  • derives over 50% of the entity’s gross revenue from the sale of personal data and controls or processes personal data of 25,000 or more consumers.

Exemptions

The Act contains a data-level and entity-level GLBA exemption, not applying to “a financial institution or an affiliate of a financial institution governed by, or personal data collected, processed, sold, or disclosed in accordance with, Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. Sec. 6801 et seq., and related regulations.”

Other exemptions include, in part, protected health information under the Health Insurance Portability and Accountability Act of 1996 Privacy Rule, and information subject to the Fair Credit Reporting Act.

Consumer Rights

The Act provides a consumer the right to:

  1. confirm processing of, and have access to, their personal data;
  2. delete personal data that was provided to the controller by the consumer;
  3. obtain a copy of their personal data; and
  4. opt-out of the processing of their personal data if it is being processed for targeted advertising or sale.

Notably, the Act does not include the right to correct personal data, unlike the California (CPRA), Virginia, and Colorado acts.

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Contract Requirements

A controller must require its processors to enter into a contract that:

  1. defines the specific purposes and limitations of the processing, including the duration;
  2. imposes a duty of confidentiality on the processor with respect to the personal data; and
  3. mandates a similar contract between the processor and any subcontractor.

Enforcement

The Act does not provide a private right of action.  In the event of a violation, the Attorney General may bring an enforcement action seeking actual damages to a consumer, and an amount not to exceed $7,500 for each violation.  The Act does require the Attorney General to provide a 30-day opportunity to cure a violation.

Maurice Wutscher Impression

The Act is similar to the Virginia Consumer Data Protection Act and Colorado Privacy Act and businesses that are gearing up to comply with either or both should have little problem incorporating the Utah requirements. 

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Collection and Recovery Solutions and Debt Connection Symposium are Back in 2022 – With New Ownership and a New Vision

SAN DIEGO, Calif. — After 20 successful years at Absolute Resolutions Corporation, Mark Naiman has announced that he, along with two partners, have acquired two premiere industry trade conferences – Collection and Recovery Solutions (also known as “CRS”) as well as Debt Connection Symposium (known to industry insiders as “DCS”) as well as all intellectual property surrounding these well-known events. CRS and DCS have been staples in the accounts receivables management (“ARM”) space for over 20 years and Mark is excited to build upon the existing foundation of the shows – to new markets, new originators and to dive deep into the wonderful world of fintech. 

Mark and his team are taking the torch from Judy Hammond, who after 35 years of commitment to the industry, which includes co-founding the Debt Buyers Association (now known as RMAi) and many instrumental industry events, is excited about the future potential for these events. 

“I am absolutely delighted to be able to pass this torch to my friend and industry veteran Mark Naiman and his partners. I know Mark and his team will do great justice to the work that we started, and we’ll be working collaboratively throughout the year to ensure a seamless transition, great shows, and wonderful attendee experiences,” said Judy.

Mark was a co-founder of Absolute Resolutions Corporation (“ARC”), an industry leading purchaser of distressed consumer receivables. Mark will step down as President of ARC to transition to his new role over the next 60 days. 

“I have attended almost every conference that Judy has been involved in. When presented with the opportunity to continue the legacy and brands that she created, I felt honored. It is exciting to capitalize on new networking opportunities, emerging technologies, and to enhance an unmatched onsite educational experience. CRS and DCS will remain unique shows – distinct from other industry events. Making this decision was a huge step for me. Leaving behind the company that I founded was only possible with the entrepreneurial blessing that my business partners bestowed – allowing me to consciously uncouple from my role at ARC,” shared Mark. 

During his tenure with ARC, Mark helped guide its growth from a small five person company slowly transitioning it into one of the largest privately held debt purchasers in the United States.

“Any company is better with Mark Naiman,” said Chris Winkler ARC’s CEO,  “When Mark and I first started talking about this potential project in late 2021, I knew that this moment was something of a cross-roads event – not just for ARC and Mark individually, but also representative of the changing post COVID environment. I’ve never seen a more unique personality aligning with a more unique opportunity within the space. The partners here at ARC will all be sad to see Mark leave the company, as he is a valued member of the management team, but we are all excited to see what comes next for him on this new journey. “

Mark is joined by ARM and fintech legal expert, Dara Tarkowski, Managing Partner at Actuate Law, LLCand host of the Tech on Reg podcast, as well as banking and fintech industry veteran Randy Rivera, Executive Director of FinTEx. “I could not be more excited to be on this journey with Mark and Randy. Mark was one of my first friends when I entered the ARM industry. He was a wealth of insight, a mentor, and I am giddy to now call him my partner. We are committed to bringing the best and most innovative content and attendee experiences to the industry,” said Dara.  Randy shared, “These shows are ready to expand to new and emerging markets and tackle topics that we have yet to explore in the industry – think Web 3, digital identity, blockchain and much more.”

This year, for CRS, the team will be partnering with Alloy Labs Alliance, a consortium of over 40 community banks driving innovation, to hold its member meeting in connection with CRS. “We are excited to partner with Dara, Randy and Mark to unite two significant communities in the financial services industry and look forward to continued collaboration,” said Jason Henrichs, CEO of Alloy Labs Alliance. 

The CRS conference https://collectionrecoverysolutions.com/ will be held at the Four Seasons in LV Nevada May 25th-27th. To learn more, email mark@debtconnection.com

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DC Protects Consumers From Unjust Debt Collection Practices Amendment Act of 2021

On March 15, the D.C. Council of the District of Columbia Committee of the Whole met in a full hearing, in part to hear amendments introduced to B24-0357 by Councilmember and Chair Phil Mendelson (D).

B24-0357 is the Protecting Consumers from Unjust Debt Collection Practices Amendment Act of 2021, and was raised by Mendelson in July 2021 as a trio of legislation to address debt collection in the district during the pandemic along with Emergency B24-0347 and Temporary B24-0348. All three affect debt collection in D.C.; legislation such as this is often introduced as a series of emergency, temporary, and permanent bills. B24-0357 is the permanent version of the Protecting Consumers legislation.

At the hearing (video here), Chairman Mendelson gave a brief overview of B24-0357, and then introduced amendments to the bill. The amendments add considerable challenges to debt collectors looking to communicate with consumers or pursue legal remedies in the district.

  • Revises the law so that it applies to any consumer debt, except a loan directly secured on real estate or a direct motor vehicle installment loan.
  • Adds new definitions for “consumer” and “original creditor” to provide greater clarity in the law.
  • Protects consumers, in addition to the current law, by prohibiting more and specific types of harassment against consumers, such as: Disclosing information of debt to consumer disputes; Disclosing citizenship status; and Visiting or threatening to visit a consumer’s home or place of employment (except for serving a lawsuit).

  • Caps calls at four per account per week, with limited exceptions. “This is stronger than the federal law,” Mendelson explained. “If the consumer has two accounts in collections, the consumer could receive eight calls in a week under the cap in our committee print; under the federal law, it’s fourteen. So you can see that this is more protective of consumers.”
  • Requires debt collectors to receive consent from the consumer to communicate via email, text message, and private message, and caps the number of electronic communications at five per week per account.
  • Includes stronger validation and notice requirements than those the council adopted in B24-0348, including a provision that notices be in English and Spanish, except if a language other than Spanish was used in the contract; in which case, the notice must be sent in English and the language used in the contract.
  • Requires the plaintiff in a debt collection case to submit proof of address verification and includes a photograph with coordinates and the date/time stamp on the photo.

After introducing these amendments in committee, Mendelson answered questions from other councilmembers. These answers provide additional insight into the D.C. City Council’s thinking on regulating debt collectors and protecting consumers.

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Councilmember Allen asked how the call caps would be enforced. Mendelson explained that they would be enforced “in the reactive sense;” that is, addressed after the fact, likely in a private right of action or enforcement. Councilmember Bonds reminded the committee that D.C. has the second highest number of debt collection complaints per capita, and then asked, “Why [is] the District … plagued upon so generously.” Mendelson referred the councilmember to the Racial Equity Impact Assessment for B24-0357, which discusses socioeconomic particulars specific to D.C. Bonds closed out her comments by noting that she felt four contacts per account per week is “still too many.”

These changes were unanimously approved by the council (with Councilmembers White and Gray absent).

The bill now returns to staff to make the technical and conforming changes, after which the bill will be re-heard and likely approved by the council. If passed by the council, the new legislation will take effect, following approval by the mayor (or in the event of veto by the mayor, action by the council to override the veto), a 30-day period of congressional review, and publication in the District of Columbia Register.

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PDCflow Partners with Debtmaster360 to Offer Fast, Secure, Digital Payment Workflows

OGDEN, UT– PDCflow and Debtmaster360 have partnered to provide secure digital
payment communication options to accounts receivable management companies. Now,
users can send secure email and text payment requests and e-signature with
consumers in minutes – all within the Debtmaster360 platform.

“We are
very excited to partner with PDCflow in offering Debtmaster360 customers a new,
efficient, and modern way to capture more payments,” says Ryan Vroman, Sales
Manager, Comtronic Systems, LLC. “‘The future is now’ with integrated email, text
messaging, and wet signature capture!” 

PDCflow’s
integrated Flow Technology is designed to simplify communication between
companies and their consumers, directly from their system of record. 

  • Email and text
    workflows allow collectors to send a payment request while on the phone
    with consumers to complete in real time.

  • Consumers can
    enter their own sensitive payment data, so agents never see or hear credit
    card information, keeping your business out of PCI scope.

  • Digital
    communications make collaboration, tracking, document recall and reporting
    access easier for teams – whether they are in-office or working remotely.

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“The
technology renaissance is happening right now, particularly with providing
convenience to consumers as well as streamlining workflows,” says Heather Harris, National Account Executive,
PDCflow. “The Debtmaster360/PDCflow relationship will provide both of these
to our shared clients.”

With
the
implementation of Regulation
F
, debt
collection agencies now have clear guidelines for compliant text and email
communications. Offering these options simplifies business for offices and
satisfies consumers by using channels they prefer to resolve their accounts.

About
PDCflow

PDCflow
is a payment software that empowers organizations to engage consumers through
digital communication and digital payment channels. With patented FLOW
Technology, the software gives businesses flexibility and control over the
secure delivery and capture of business transactions, including payments,
signatures, photos and documents through digital channels.

Flexible
and customizable APIs allow platforms to easily integrate, giving their users
the ability to accept payments through multiple channels and electronic
communication methods while keeping their software out of PCI scope.
Integrators save on the cost and time of PCI compliance while still having
control over their user experience.

Programming
and customer operations for PDCflow’s national client base have been completed
in-house in Ogden, Utah, since the company’s founding in 2003. Find out more
about PDCflow at
https://www.pdcflow.com/ 1.877.732.4814 or sales@pdcflow.com.

About Debtmaster®360

Whether you’re a small office or a large agency
with many call centers, Debtmaster®360 can help you manage
compliance, enhance security, and provide quality service for clients and
debtors. At Comtronic Systems® we develop fully integrated collection
technology that delivers all your debt management, phone system, and client
reporting needs in one secure platform. Easily accessible with cloud or
hybrid deployment options, your office is limitless in size and number of
locations…and the friendly Comtronic staff provides all service and support.

The core of the system empowers collectors with
the best in workflow management, debtor information, payment utilities,
reporting tools, documentation, and compliance resources, all available with
just a few clicks Comtronic has more than 35 years of experience working within
the collection industry, incorporating feedback and best practices to create
the best collection technology on the market. www.debtmaster.com(800) 414-2814 or sales@comtronic.com

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Hunstein: Does CFPB Leadership Lack Courage and Vision?

The Consumer Financial Protection Bureau (CFPB) is a federal government agency tasked with protecting consumers from harms caused by the financial markets. The stated vision of the CFPB for 2022 is as follows:

“To ensure all households have access to markets for consumer financial products and services that are fair, transparent, and competitive. In a market that works, the prices, risks, and terms of the deal are clear upfront so that consumers can understand their options and comparison shop, and where companies all play by the same consumer protection rules and compete fairly on providing quality and service” (emphasis added by the author).

See the CFPB’s 2022 Strategic Plan here.

Despite the CFPB’s laudatory public vision – and despite an annual budget of more than half a billion dollars and a dedicated staff of more than 1500 attorneys and employees – the CFPB has failed to issue any guidance to the nearly 1,000 consumers who filed a historic number of Hunstein lawsuits in the past year against collection agencies regulated by the CFPB.  

The stated vision of the CFPB to require all companies to “play by the same consumer protection rules” is apparently aspirational only because the CFPB itself will not articulate any rule for collection agencies to use letter vendors. How is it that nearly 1,000 consumers in the United States retained private attorneys in the past year to sue collection agencies on the exact same issue and apparently alleging the same harm and yet the CFPB has remained silent? 

Three Steps the CFPB Must Take Today to Prevent Further Consumer Harm in the Hunstein Litigation

The lack of leadership and guidance from the CFPB on the Hunstein issue fostered an environment of compliance uncertainty in the debt collection industry. This uncertainty resulted in a record number of consumers challenging debt collectors’ use of letter vendors in lawsuits filed in both Federal and State Court.  The CFPB must take the following actions today to end the consumer harm and uncertainty caused by the Hunstein litigation:   

1.   File an Amicus Brief in the Hunstein lawsuit pending in the 11th Circuit Court of Appeals confirming the exact circumstances in which a debt collector may use a letter vendor. The CPFB has filed dozens of amicus briefs in debt collection cases in the past on issues that had substantially less impact on consumers.  Filed briefs | Consumer Financial Protection Bureau (consumerfinance.gov)

2.   Issue a compliance bulletin confirming the exact circumstances in which a debt collector may use a letter vendor.

3.   Revise Regulation F and the collection agency exam manual to confirm the exact circumstances in which a debt collector may use a letter vendor.

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The CFPB is apparently choosing to remain silent on the Hunstein issue because it believes the only harm its inaction is causing is the millions of dollars in legal fees, costs and employee time needlessly expended by the collection agencies responding to this wave of consumer litigation. However, the CFPB’s own mission statement compels this federal agency to act in the interest of both consumers and the debt collectors it regulates by immediately taking the three steps outlined above and defining the “consumer protection rules” for the debt collectors’ use of letter vendors.

While the CFPB seeks to be a leader in the financial markets like the prudential Federal regulators, its silence on the Hunstein litigation raises questions about whether CFPB leadership possesses the requisite courage and vision to truly lead the financial markets – and if there is even a place for such qualities at the CFPB today.    

If you agree with this editorial, I encourage you to reach out to your contacts at the CFPB, share this editorial with your chosen media outlets or just mail your comments via First Class Mail to the CFPB at the following address:

Consumer Financial Protection Bureau

1700 G St. NW

Washington, DC 20552

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Creditors: Four KPIs to Evaluate Digital Strategies at Collection Agency Partners Quickly

The way debt collection agencies communicate with consumers is evolving rapidly. You need to know how digital consumer communication strategy has changed – or hasn’t changed – at your vendor / partner debt collection agencies. Want to find out how to evaluate your agency partner’s performance and digital debt collection strategy efficiently? Want to make sure agency partners have consumer communication strategies in place that are both effective and consumer friendly?

The following KPIs will tell you a LOT about the state of your partner’s digital communcation strategy.

Opt-Out Rates

How many consumers are opting out of a particular digital campaign? Individual opt-outs could indicate a specific consumer preferring a different communication channel or time, but a higher overall opt-out rate might mean your agency is inundating consumers with contacts.

What’s more, a high opt-out rate across all of your partner’s digital channels is a red alert that their digital strategy is not consumer friendly. While Regulation F doesn’t specifically provide limits on SMS or email contact, it’s not a total blank check. Your agency partner still needs to be concerned with UDAAP and potential harassment allegations. And so do you.

Even outside of regulatory and legal concerns, there is an element of reputation risk for you here, too. Consumers will only tolerate so much before becoming irritated with your agency partner, and by extension, your brand.

Click Through & Open Rates

How many customers are clicking on your agency partner’s emails and paying? Or clicking on a hyperlink in a SMS to visit their portal? This is a KPI you need to receive from your agency partners. If click through and open rates are abysmal, then the strategy isn’t effective.

Not every consumer who receives a text or email from an agency will click it or open it, and the target rates will vary based on where the account is in its lifecycle. It’s important to establish a baseline early for the click through and open rates, and monitor those rates for major fluctuations. Emails especially are sensitive to being labeled as spam, so it’s important to maintain a reasonable open rate on those campaigns.

Inbound Call Volumes

As your agency partner’s outbound communication efforts (SMS and email) increase, their inbound call numbers should follow suit. Even if they have a great customer portal and web chat, the increased outbound efforts should result in increased inbound calls (unless your partner has two way email or texting, but not many are advanced in this area yet). Your partner should be shifting their frontline agents to fielding more inbound calls, and an increase in inbound calls is a clear indicator that their outbound digital communication campaigns are working effectively.

And Don’t Forget to Make Sure the Documentation Is Right

Your partner’s digital strategy should be well documented and they should be able to show it to you in the form of process flows and policies and procedures. Ask to see how the strategy and tools they are using flow through their Compliance Management System and Change Management Process. (Yes, they should be following their CMS and Change Management Process when their digital strategies change!)

Your agency partner should also have a good understanding of several KPIs (including the ones listed above). They should be tracking and documenting those KPIs to share with you.

When you thoroughly review the documentation behind your partner’s digital strategy, you’ll not only understand it better now, but you set the foundation for more effective audits in the future.

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Just For Fun? Power Rankings: Here is TCPA.World’s (First Annual) Definitive List of the Top 10 Most Dangerous Plaintiff’s Shops Out There

So I just got done watching Selection Sunday.

Pretty much what you see every year. Too many Big 10 teams in the field. Not enough Pac 12 teams. But it all ends up the way it’s supposed to.

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I thought about doing a TCPAWorld bracket but I settled on a more traditional “power ranking.”

Who are the most dangerous Plaintiff’s lawyers out there bringing the big TCPA cases?

To be sure, the TCPA remains as dangerous as ever. WebRecon stats confirm what we all already knew–TCPA litigation exploded to start the year, over 30% higher than last year.

And that’s no surprise.

Facebook has operated like a half-dose of penicillin. It wiped out all the weakest ATDS suits, but the stronger cases have survived and multiplied. Plus the plaintiff’s bar has shifted to prerecorded calls and DNC claims to good effect.

That leaves callers hoping to dodge TCPA suits–some valid, some fraudulent–at the highest clip since 2016. Not good.

So for all of you folks fielding new TCPA suits and wondering if the guys on the other side are any good here is the Czar’s official opinion. Obviously, I’ve tangled with everyone on this list multiple times–in many cases dozens of times.

So if you ever wonder whether the lawyer suing you should be taken seriously or not, you can trust the TCPAWORLD official POWER RANKING of TCPA plaintiff’s lawyers.

(Dis?)Honorable Mentions:

  • Manny and Ignacio Hiraldo, Hiraldo P.A. —It’s amazing that these two came as close as they did to making a list of real hitters in the TCPAWorld. A couple of years back I’d have considered these folks on the “lesser track.” But they have become quite a bit stickier and fiercer in litigation. If they maintain the current trajectory–especially given their increasing volume–they are likely to find themselves ranked next year.
  • Billy Howard, The Consumer Protection Firm — Billy enjoys a well-deserved reputation for attempting to bully defense lawyers–which is always an interesting strategy for a guy working on a contingency. Still, he deserves credit for bucking the trend of Plaintiff’s lawyers being “lazy.” The guy works hard–even if its for the wrong side.

10. Tav Gomez and Frank KerneyThe Consumer Lawyers

Tav is the former head of the Consumer Protection Department at Morgan and Morgan–one of the largest Plaintiff’s firms in the world. He and Frank have recently ventured out on their own creating the stunningly-successful “Consumer Lawyers” network of representation.

While these guys tend to focus on high-volume individual suits–as opposed to class actions–they always drive hard bargains. And they are absolutely serious about spending money to make money–they end up taking 10 depositions in every case they work.

Mercifully they’ve moved on to mostly handling FCRA matters–which is why they’re at the bottom of this list. But if they sue you in a TCPA case, take it seriously.

9. Alex Burke, Burke Law Offices, LLC

Known affectionally as “Red” for his amber hair, Burke has been the behind-the-scenes mastermind of numerous multi-million dollar TCPA settlements. He tends to join up with others in pursuing TCPA class actions these days, and is getting his hands dirty less and less–at least it seems that way to me.

Still, Burke knows the TCPA and the art of litigation extremely well. And like others on this list, he is not afraid to fight–and fight hard–when pushed. Both due to his lengthy career in TCPAWorld and due to his current aptitudes, Burke ranks 9th on this list.

8. Keith Keogh, Keogh Law, LTD

The “Iceman” of TCPAWorld, Keith has always been cool as a cucumber–or cooler.  And he never blinks when it comes to driving a huge price tag in a TCPA class action. He still owns the single most valuable TCPA settlement in history when judged on a per-class member metric. The Hageman class settlement saw a stunning resolution worth over $1,600 per class member.

Like Burke, Keith has largely taken a backseat to others these days–you only need so many Rolls Royces I guess– but the folks working at Keogh’s shop are still very talented and driven lawyers. Do not take a filing by Keogh lightly.

7. Avi Kaufman, Kaufman, PA

Kaufman is the anti-Keogh in many ways. While Keith is always calm and sometimes comes across as strikingly debonair, Kaufman is an odd combination of hot-headed and rigid. Plus he has the worst website of any Plaintiff’s lawyer I know of.

Despite these considerable deficiencies, Avi Kaufman has risen quickly from his defense firm roots to become one of the most accomplished TCPA Plaintiff’s lawyers out there. With more than one multi-million dollar settlement already under his belt, Kaufman continues to deliver good results for the class, even in tough cases. Probably because–like someone else I know–he’s simply smart enough to overcome his significant personality quirks.

Don’t let his seeming lack of sophistication fool you. Kaufman PA is well funded, and Avi is a smart advocate. Take any filings from his office seriously.

6. Anthony Paronich, Paronich Law PC

The “Wolf of TCPAWorld” has a well-earned reputation as a ruthless litigator and a shrewd negotiator. He somehow manages a large volume of cases with a relatively limited infrastructure while remaining a threat to “go all the way.”

Paronich’s greatest failing–which he views as a strength–is his reliance on “repeat player” Plaintiffs. This *ahem* controversial tactic assures his class representatives have “experience” while endlessly raising the specter of foul play.

Did Paronich’s latest client really just get a cold call from left field, or might he have set up that call himself? That’s the question callers always seem to be asking themselves when faced with a lawsuit by the “Wolf.” But that’s often part of Paronich’s trap. While Defendants focus their fire on the named class representative, he’s off obtaining class data. Sometimes he loses

TCPAWorld After Dark: The Lonesome Death of Ken Johansen’s Career as a Professional Plaintiff

. But when he wins–it can be absolutely devastating.

When the Wolf comes stalking, don’t open the door.

5. Daniel Hutchinson/John Selbin Lieff Cabraser

These two need no introduction. As machine gun litigators in Lief Cabraser’s heavy artillery shop, they pack a mighty wallop. While not as artful as some of those higher on the list, these folks have firepower to spare. And they’re true believers of the Ahab variety–always after that great white whale. Sure they’ve lost more than a few times, but they’ve also earned such notorious TCPA wins such as Cordoba and Brown.

It’s unlikely you would take a class action from LC lightly anyway, but take it from me–these folks have earned their reputation.

4. Jay Edelson, Edelson PC

Probably the most brilliant plaintiff’s-side litigator on this (or any) list, Edelson PC owns the largest privacy jury verdict in history with their trouncing of Visalus.

Luckily for TCPAWorld, Jay finds litigating TCPA cases boring–plus they distract from his volleyball games. So he doesn’t file a whole ton of them anymore.

But if you ever see Edelson PC on the caption of a complaint naming your business, my goodness you better take it seriously.

3. Abbas Kazerounain, Kazerouni Law Group

The “Godfather” of TCPA class actions and one of the original architects of the entire concept of mass TCPA suits, Abbas is an absolute TCPAWorld legend. And the fact that he’s a pretty good guy just makes it all that much harder to stomach his endless success.

While he is best known as the guy who brought the world the stunning Marks appellate victory Abbas is known in TCPAWorld circles as the guy who has cracked more companies for multi-million dollar settlements than any other living person.

Abbas has grown tired of buying fancy cars and airplanes and has moved on to operating ADR centers. So like others on this list he is less concerned with TCPA class actions than he used to be. Nonetheless, any time KLG shows up on a caption you better be ready to rumble.

Nobody is better funded than Abbas. And although he sometimes plays coy, he is an absolute monster of a litigator.

2. Bursor and Fisher, PA

I don’t want to give these guys credit, because I just don’t like them very much. And they probably prefer it that way.

Still, with the largest TCPA settlement in history to their name and a string of big victories under their belt, they belong near the top of this list. Whether I like it or not.

Heck, they once even got a major defense firm to switch sides and help them

Tread very carefully when you’re staring down Bursor and Fisher. Ruthless might be a euphemism.

1. Mike Greenwald, Greenwald Davidson Radbil, PLLC

I remember the first time I squared off with Greenwald back in 2011 like it was yesterday. Here–I thought after four days of deposition testimony–is an attorney who absolutely gets it. Sharp as they come. Understated. Relentless.

I was able to defeat him them–earning the first ever mootness victory post-Genesis (a move that the Supreme Cout outlawed in Campbell Ewald)–but he’s been stalking big prey ever since.

He was the guy behind “bad reyes”–the case that single-handedly brought predictive dialers back within the TCPA after ACA Int’l.

And he–along with his partner Aaron Radbil–is the architect of the most devastating class certification theory ever devised by a TCPA lawyer. Indeed, I seem to be the only one who can defuse it as the firm has now crumpled company after company with their recycled number wrecking ball.

There’s a reason I ask him when he’s going to retire every time I speak to him.

The folks at Greenwald Davidson are the ultimate monsters lurking in the TCPAWorld woods. By the time they sue you, it may already be too late.

In seriousness, when I give TCPA compliance advice its often the GDR firm I have in the back of my mind when I’m trying to help folks to avoid devastating exposure. When you’re even in the Czar’s head you definitely have earned your top spot on the TCPAWorld POWER Rankings.

————–

Well that’s it folks. Hope you enjoyed this. I’m sure I just ruffled a few feathers–but what else is new?

I just call it as I see it. And I am the Czar.

Until next year.

Just For Fun? Power Rankings: Here is TCPA.World’s (First Annual) Definitive List of the Top 10 Most Dangerous Plaintiff’s Shops Out There
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Crown Asset Management Names 2021 Firm & Agency of the Year Award Winners

DULUTH, Ga. — Crown Asset Management, a specialty finance and receivables management firm, is announcing its 2021 Agency of the Year and Firm of the Year awards. The Award Winners were selected from the company’s national network of partner collection agencies and law firms. The award selection process consists of an annual review completed at the start of each new year after the finalization of all performance reviews, compliance audits, and evaluations from the previous year. The Crown leadership team compiles and unifies the quantifiable data to develop a final overall score reflecting the year’s big-picture performance. 

While all of the company’s trusted partners must operate “above par” to be onboarded and maintained as part of the network, these awards honor and reward exceptional consistency and excellence. These professional organizations demonstrated outstanding standards of compliance, consistently reflected ethical and honorable practices, and delivered superior results. This year, one collection agency and two law firms received the highly regarded annual recognition for their business practices and commitment to the integrity of our industry. 

2021 Firm of the Year: An Unprecedented Tie

This year, Crown is awarding two firms who reached an unprecedented tie in overall standing, as well as repeat performance from both firms. Although 2021 brought its own challenges, each of these organizations demonstrated impressive compliance and overall performance standards throughout the year. 

Blitt & Gaines, P.C. 

Blitt & Gaines, P.C. began its partnership with Crown in 2011 and is a nationally recognized collection law firm with a concentration in legal collection of consumer and commercial debt throughout the Midwest. The firm is headquartered in Vernon Hills, IL, with additional branch offices across the Midwestern United States and Arizona. The firm attributes its continued success to its hard-working and dedicated support teams and a compliance team that ensures collection practices are consistent and compliant. Crown previously recognized the firm as Firm of the Year in 2018.

Gordon, Aylworth & Tami, P.C. 

Gordon, Aylworth & Tami, P.C. joined Crown’s legal network in 2004 and is a respected high-volume creditors’ rights law firm practicing collection litigation throughout the Pacific Northwest. With attorneys licensed in Oregon, Washington, and Idaho, the firm is dedicated to working collaboratively with consumers to resolve their outstanding debts. The firm believes strongly in ethical consumer interactions and strives for superb compliance at every level. As the 2020 Firm of the Year, Crown is recognizing the firm for the second consecutive year.

Agency of the Year

Superlative RM 

Superlative RM began its partnership with Crown in 2014 and has continuously maintained exceptional compliance and service levels. Their depth of knowledge, industry experience, and quality of service continues to set them apart and provide the basis for additional growth. This is the second year in a row Superlative has achieved this honor. 

Honorable Mentions

D&A Services, LLC – Agency 2nd Place

D&A Services, LLC is a multi-state asset recovery company serving the needs of national, state, and local financial institutions throughout the United States.

January Technologies, Inc. – Agency 3rd Place

January Technologies is a digital collections company focused on utilizing technology to provide a more streamlined, compliant, and effective resolution process for borrowers and creditors alike.

Stillman Law Office – Law Firm 3rd Place

Stillman Law Office is a collection firm headquartered in Farmington Hills, MI providing exceptional collections services for creditors.

Grateful for Our Partners

“We always want to make sure our network is representative of the same standards we strive for in compliance and performance. The little things go a long way for every stakeholder involved,” saidBrian Williams, Crown CEO, Manager, and Founder. “We want to thank the winners and all of our partners for their hard work and dedication. We’re grateful for the partnership and look forward to continuing to grow together!”

About Crown Asset Management

Founded in 2004, Crown Asset Management, LLC, is a professional receivables management firm that outsources purchased accounts to a nationwide, proprietary network of collection agencies and law firms. Utilizing a cutting-edge predictive analytical model during pre-purchase portfolio due diligence, their team focuses on achieving appropriate financial returns while ensuring the best possible experience for consumers. They are an RMAI Certified Receivables Business headquartered in Duluth, GA.

Crown Asset Management Names 2021 Firm & Agency of the Year Award Winners

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