Collection Advisor March/April 2019

3 Options to Offer During Tax Season What the CFPB Has to Say About Your Production Incentives 26 Ways to Make Tax Season a Debt Resolution Season

LEADERS | STRATEGIES | COMMUNITY | TECHNOLOGY | COMPLIANCE

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Sam Eidson, Ron Brown, Joshua Fluegel and Debra J. Ciskey

3 Ways to Prevent Your Extinction Can Complaints Be the Perfect Basis for Compliance Training?

Using Video to Show Off Your Company

Vol. 19, No. 2

Being Sued for Following Validation Notice Rules?

March/April 2019

Compliance a Skip Tracer Must Follow To Arbitrate or Not – That is the Question Skip Tracing Sources That Are Still Gold Collectors Help Consumers Obtain Credit

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Asking for the [consumer’s] phone number at the place of business is viewed as a

[FDCPA] violation.

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Using

The creditor should scrutinize that [credit] application and the information on it as if they were never going to see that consumer again, because in many cases they won’t.

Page 16

speech analytics

can support your effort to

reward collectors for the use of compliant, ethical production practices.

Ensure we move to

enact fair legislation.

Page 6

We are able

Page 23

helps few and may

permanently impact a consumer’s future.

Page 6

to drastically shorten training curves, avoid collector missteps and significantly reduce compliance risks.

If you work financial debt, Page 22 you should be able to meet the compliance and certification requirements like 3 Options to Offer During Tax Season

What the CFPB Has to Say About Your Production Incentives 26 Ways to Make Tax Season a Debt Resolution Season

LEADERS | STRATEGIES | COMMUNITY | TECHNOLOGY | COMPLIANCE

Page 4

At the end of the interview, clarify the next steps to keep the candidate engaged.

Denial of credit

SSAE SOC 2 or more to remain competitive with clients.

Page 9

Live

Making employee profile videos will

help humanize

Collection Advisor Live!

3 Ways to Prevent Your Extinction Can Complaints Be the Perfect Basis for Compliance Training?

Sam Eidson, Ron Brown, Joshua Fluegel and Debra J. Ciskey

your collection agency and

help this industry

Using Video to Show Off Your Company

as a whole.

Being Sued for Following Validation Notice Rules?

Page 5

Compliance a Skip Tracer Must Follow To Arbitrate or Not – That is the Question Skip Tracing Sources That Are Still Gold

And we have

a good story to tell –

readily available credit helps many, many more people than it hurts.

Page 6

One example [of a skip tracing data source] is pet licenses.

If a person owns a dog, what do they have to do?

License it!

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Collectors Help Consumers Obtain Credit

COLLECTION ADVISOR LIVE WEBINAR MARCH 19TH

Take-Aways From This Issue

Push for down payments with a payment plan based on a final payment next month when the consumer gets his/her

tax refund.

When making location information calls, only say you are, “confirming or correcting location information.” You cannot say, “I am a debt collector” or “the consumer owes a debt.” If asked, you may say, “it is an important business matter.”

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CFPB…was in place creating

regulations by litigation rather than by promulgation.

Page 6

Page 18

Notwithstanding that Federal Reserve studies found that increasing collection regulations increased interest rates for the same vulnerable

people the politicians hoped to protect. … in some cases, increased regulation led to lost credit.

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MARCH/APRIL 2019

4 COMPLIANCE ADVISOR

What the CFPB Has to Say About Your Production Incentives Debra J. Ciskey

6 LEGAL COLLECTION ADVISOR

Collectors Help Consumers Obtain Credit Michael L. Starzec

5 9 13

14 Using Video to Show Off Your Company 3 Ways to Prevent Your Extinction

14 16 18 19 20 22 23

Being Sued for Following Validation Notice Rules?

Collection Advisor Live

8 TRAINING ADVISOR

Can Complaints Be the Perfect Basis for Compliance Training?

Harry A. Strausser III

Skip Tracing Sources That Are Still Gold

26 Ways to Make Tax Season a Debt Resolution Season To Arbitrate or Not – That is the Question Thought Leaders Live Stream to Collectors

10 SKIP TRACING ADVISOR

Compliance a Skip Tracer Must Follow Ron Brown

Everywhere at Once with Speech Analytics Keeping New Hires From Becoming Ghosts

EXCLUSIVE EDITORIAL FOR PRO MEMBERS ONLINE

12 COLLECTION INDUSTRY ADVISOR

3 Options to Offer During Tax Season Nick Jarman

7 Leading Attorney’s Provide Pitfalls You Must Avoid in 2019 Attorneys Explain What Creditors Should Do Now to Collect Later What the Industry’s Most Innovative Agencies Hope the Future Will Bring Clamp Down On How You Are Discouraging Payments

...PLUS MUCH MORE SEE PAGE 21 FOR MEMBERSHIP DETAILS

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Compliance Advisor I Debra J. Ciskey

What the CFPB Has to Say About Your Production Incentives

C

ollectors are the beating heart of a collection agency. Over the years I have heard described any number of tactics collection management has used to make collectors happy in an effort to prevent them from jumping ship, including giving the best collectors the most desirable parking spaces, providing food nearly daily, providing cushy chairs and treadmill desks, using flexible scheduling, providing a special, private lounge for the top dogs, and providing creative and lucrative commission and bonus plans.

“Collectors will leave for a dime an hour increase.”

As much as management may do to create a comfortable, even festive work environment, I have heard it said that for collectors, it all comes down to the paycheck. I would propose that for nearly all workers, except maybe members of Saint Teresa of Calcutta’s Order of the Sisters of Charity, this would be a true statement. Management tries to come up with the most lucrative commission and/or bonus plan so that the hourly wage can remain low while top performers are well compensated.

CFPB’s Opinion

What does the regulator say? The Consumer Financial Protection Bureau shared its position on production incentives in a compliance bulletin in 2016 (CFPB Compliance Bulletin 2016-03). It feels that production incentives may pose risks to consumers that are “significant, and both the intended and unintended effects of incentives can be complex. . .” However, the CFPB acknowledges the value of production incentives and says they can be beneficial: “When properly implemented and monitored, reasonable incentives can benefit all stakeholders and the financial marketplace as a whole.” They acknowledge that incentive programs can assist with retention of high performing employees, and can benefit consumers by leading to improved customer service or introduction to services that may benefit them. The CFPB fears programs that result in overly aggressive collection tactics, for example, and outright violations of consumer financial protection laws.

The CFPB is very clear related to its expectations regarding incentive programs: “The CFPB expects supervised

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Compliance Officer Wakefield & Associates. Inc. Board of Directors Member/ Certified Instructor ACA International, Inc.

entities that choose to utilize incentives to institute effective controls for the risks these programs may pose to consumers, including oversight of both employees and service providers involved in these programs.” The compliance management system should include board and management oversight of incentive programs, policies and procedures governing incentive programs, training which includes standards of ethical behavior, monitoring, and corrective action, as well as complaint monitoring and compliance audits to oversee the application of the incentive program.

In Writing or Else

Incentive programs must be well framed, well documented, and considered from the point of view of management (how will this increase production?), collectors (how much can I realistically make under this plan?), consumers (does this guy hear what I am saying? It seems like he only wants his money) and the compliance officer (can’t we just pay everyone straight salary? No, okay, let me write a policy). The CFPB is concerned about unintended consequences that can occur when incentive programs are too lucrative—think about the Wells Fargo debacle. The compliance team will want to build controls intended to prevent occurrences of consumer harm caused by overzealous attempts to make bonus.

Focused call monitoring will be necessary to ensure the controls are effective. Training and retraining related to ethical conduct and negative consequences for displays of improper conduct, offsetting any potential gain from such conduct are necessary components of a compliance focused production incentive program.

Using speech analytics can support your effort to reward collectors for the use of compliant, ethical production practices.

If your plan includes, for example, a provision to make any collections that resulted from calls in which policy violations occurred ineligible for inclusion in the bonus calculation, the use of speech analytics can help by flagging calls that need to be reviewed for potential violations. Unless one has an army of call reviewers, this would be impossible to perform without such automation. Incentives with a compliance component could actually help you attract good performers without investing in creature comforts and daily pizza runs.

March/April 2019

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USING VIDEO TO SHOW OFF YOUR COMPANY

BY JEFF DIMATTEO

I

remember the first time our firm shot videos and hesitantly posted them online. Coming from the world of collections, this wasn’t something most in our industry were doing, or would even think of doing. The only videos our industry was used to seeing were the ones we viewed on television news programs as they chased down the bad actors in collections.

We created a YouTube channel, posted our first videos which were “get-to-know” videos of our partners and we were off and running in the digital age of public relations.

Were we convinced it would work at first?

I have to say no. But we soon got more comfortable, both with the idea of shooting videos and being on camera.

For many in the collection industry, a risk-adverse strategy has always guided them when it came to marketing and public relations. We acquired clients that need to get paid, we called their customers and tried to arrange for payment. Rinse and repeat.

There was no need to tell the public about our business. And most of us felt we needed to fly under the radar.

But what if you changed your thinking? What if by opening your doors, you could improve almost every area of your business? From sales and marketing, talent acquisition and more importantly, the relationship between you and the consumer, opening the doors to your business is a smart move. There are a

number of ways you can use a video camera and social media to improve all of the above. Here are four you do today:

1. Profile Videos For many companies posting videos online, you only see senior management. That’s fine but everyone in your company has a story and should be given the opportunity to help your brand. In fact, it’s your people that will help to humanize your collection agency and help this industry as a whole.

Give your team the spotlight. They are the ones contacting consumers and showing their human side. It helps give your clients confidence in your team’s abilities and

Continued on page 7

Legal Collection Advisor I Michael L. Starzec

Collectors Help Consumers Obtain Credit

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hile in court, a consumer requested to discuss settlement. After the mini-Miranda, he asked if I was aware of the Holy Bible. When I advised him that the nuns at my grade school expected us to have read it he immediately broke into broad smile stating that he knew the matter would proceed “virtuously.”

Then, he produced a well-thumbed Bible, turned to Leviticus 25:8-13 and read to me its duty of debt forgiveness in Jubilee years. Since it was Jubilee year and because “America is Judeo-Christian nation” he was sure I would dismiss the case.

When I suggested the Jubilee didn’t apply to modern entities, he considered me as a teacher addressing a particularly dim student, asking if I questioned the relevance of God. Not surprisingly, I suggested we involve the judge but the young man switched from the Old Testament to the New, insisting that Jesus would forgive his debt. Unmoved, I offhandedly noted that even Jesus agreed that one should render unto Caesar his due. At this, the young man disgustedly announced that Jesus had broken bread with tax collectors but mentioned nothing about forgiving debt collectors.

That little vignette is amusing but his reasoning is not much different than the views of utterly agnostic regulators and legislators. As philosopher and economist Adam Smith noted, “[v]irtue is more to be feared than vice, because its excesses are not subject to the regulation of conscience.” Eschewing the Bible for civic morality, legislators nonetheless endow legislative and regulatory efforts with the virtue of protecting consumers from the black hats – us. And, because these efforts are driven by the “virtue” of preventing the poor from repaying legal debts, well, case closed.

Fighting For Time

We faced such virtue signaling just last year: We were part of a coalition that tried to bring veracity to virtue when faced with a legislative package that imposed automatic exemptions on banks, increased the income threshold for garnishments while virtually eliminating interest and slashing the lifetime of judgment. Put differently, it took longer to collect them but with less time to do it - the perfect arrangement for virtue signaling polls.

Notwithstanding that Federal Reserve studies found that

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Partner Blitt and Gaines, P.C Vice-president Illinois Creditors Bar

increasing collection regulations increased interest rates for the same vulnerable people the politicians hoped to protect.

Never mind that, in some cases, increased regulation led to lost access to credit, because this was all in an effort to assist the relatively small group of consumers who default.

In the end, the collective lobbying efforts succeeded in thwarting the proposals… temporarily. However, with the advent of a new governor, these same bills are set to be reintroduced this month. So why now? In my mind, these bills are a reaction to what consumer advocates see as the neutering of the CFPB. When it was in place and creating regulations by litigation rather than by promulgation, closing down law firms on the basis of standards that didn’t exist at the time, the local actors were content to sit back and let the power of the federal government do its work.

Time for Vigilance

For our part, at the time, it was easy to identify federal intervention as the main concern and focus of our efforts.

However, it also clouded us to the simple truth that regulation comes at all levels and legislation is simply regulation without an agency. Bills such as these should remind us that as a profession, we have to be vigilant on behalf of ourselves and our clients at all times and at all levels. We need to ensure we are organized locally, statewide and nationally. We have to involve all the actors in the effort – our clients, our vendors – to understand that regulations on us impact everyone connected to our firms, from process servers, to asset location services, to efiling and many, many more. Likewise, when we have a politically favorable climate, we can’t simply wipe our brows and be glad to be left alone. We must ensure we move to enact fair legislation.

And we have a good story to tell – readily available credit helps many, many more people than it hurts. The first loan you repay sets you on a path to financial independence. Denial of credit helps few and may permanently impact a consumer’s future. Where necessary, we are the conduit to communicate consumer hardship and, in getting old loans paid, we allow the consumer to reset their financial clock and look to the future.

Not a bad day’s work but, unless we vocalize it, the virtue of what we do is lost.

March/April 2019

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FIRE UP YOUR CELL PHONE, SHOOT A QUICK VIDEO Continued from page 5 can show a consumer that you’re not that different at all.

2. Educational Videos Let’s put on our public relations hat for a moment. Companies that constantly promote themselves would rarely get any type of media attention. Because, quite frankly, who cares.

Companies that have a philosophy of sharing their expertise and want to be known as a resource, would enjoy better chances of press coverage. It’s the same thing when developing a video strategy. Share your know-how with the world. Create videos that answer your client’s questions and concerns. Ask your sales team what questions your customers would like answered and let that be your guide.

3. The Real World For years, various companies would pay tons of money to hire a video company, bring in an entire crew and create that slick professional corporate video, with carefully

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March/April 2019

scrutinized scripts, messaging and clothing. Nothing could be out of place and creating the perfect video was the goal. Sure, they still have their place, but more and more people are much more receptive to that “off the cuff” video straight from your smart phone.

And there are ample opportunities to shoot video. Did a consumer thank you for helping them? Did your client thank you for saving their business? Did you drop off a check to a local charity? Do you have some advice for consumers struggling? Fire up your cell phone, shoot a quick video and post it online for people to see.

4. Not Every Video Will Be a Hit Let’s have a reality check here for a moment.

You need to understand that not every video will get a ton of likes and comments. Some will take off and some will sit there with very few views. That’s just the way it works. You can help further your chances of more traction by getting your entire team behind your

strategy. If they post a video, give it a like, comment or share. And ask them to do the same.

The collection industry serves a vital purpose in business and the economy. It’s time more of us show the world that we’re human, we have a job to do and most of us like to have a little fun every now and then.

Jeff DiMatteo is a partner at American Profit Recovery based in Michigan and Massachusetts.

He serves as the president of the New England Collectors Association and is a committee board member of ACA International.

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Benchmark Advisor I Harry A. Strausser III

Can Complaints Be the Perfect Basis for Compliance Training?

M

Director of Education and Membership Development ACA International, Inc. Contact strausser@ acainternational.org

any years ago, traditional companies used From a training perspective, complaints serve as a rich to maintain what they called complaint source of material for formulating new programs for staff. departments in their organizations. Can you Although we train on a host of important topics to give staff imagine working in the complaint department of a company? members a well-rounded educational experience, compliance Consider what you had to look forward to each day. Not a very is the foundation of most training initiatives. Although we positive outlook on your workweek! As business evolved, we can anecdotally compile training from industry reports of adopted more palatable titles for these functions and became suits and aggregators of suit/complaint data like WebRecon customer service representatives. It sounded much nicer, even on a generalized basis, the real foundation of positive though the function was quite similar. change affected by in house training is generated by possible No one likes complaints, and historically we viewed deficiencies in your office setting. these communications along with the complaining party quite negatively. I’m sure you would find very few operators Using Complaints As Tools in the accounts receivable management industry getting a As diligently as organizations strive for perfection, there warm fuzzy feeling when consumers are continual changes in compliance lodge displeasure with their standards and perspectives that make organization, especially when those the training function critical in We need to make the function complaints are made to the likes of sustaining a successful and profitable of complaining easy, welcoming the CFPB. There are, however, other enterprise. Firms must be ready to perspectives that claim we should change at a moment’s notice to be and seamless for consumers be elated to receive expressions of compliant. Preparation is key in every so that we can get the information concern from consumers as this element in a contemporary office. It allows us to mitigate the issues and was Abraham Lincoln that said, “If I quickly and respond expediently. effect positive change within the had eight hours to chop down a tree, office thus circumventing more I’d spend six sharpening my axe.” serious filings.

Insightful training is the best sharpening stone for cutting Firms lament the increasing costs of maintaining a edge practices and compliant cultures. compliant organization while adhering to the many layers of In the course of sharpening your corporate axes, it is regulatory mandates. It may be costly but as Paul McNulty, an enlightening learning experience to access the CFPB’s former U.S. Deputy Attorney General once remarked, “If you complaint portal and do a cursory review of the actual think compliance is expensive, try non-compliance.” complaints being filed against industry organizations. Learning what issues are of concern to consumers can additionally Complaint Reception provide insight into organizational adjustments that may keep Collectors receive complaints directly from consumers, via your firm off the complaint roles. It has often been lamented the Better Business Bureau, state regulatory offices, consumer that many of the complaints filed are not actual violations of attorneys, e-oscar and, of course, the CFPB. We need to make any rules and regulations, but dissatisfaction of some sort by the function of complaining easy, welcoming and seamless the consumer. Whatever the nature of the complaints, there is for consumers so that we can get the information quickly and much to learn that can assist our organizations create a safer, respond expediently. Many firms have created “complaint more compliant environment. portals” on their company websites and consistently urge We continually welcome thoughts and best practices from consumers to simply, and in detail, express their concerns. A our readers. Feel free to send us your feedback for possible complaint received in house is one less possible more serious inclusion in a future column. Until next time, I’m at my ACA mark against your firm with the CFPB. Office waiting to hear from you!

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March/April 2019

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3 WAYS TO PREVENT YOUR EXTINCTION

BY BRIAN WATKINS

S

omething changed in the collection industry and something even more dramatic changed in markets collection agencies serve. Not every company was prepared or adjusted for it. In particular, the smaller hometown collection firm has struggled to keep pace with this force of evolution our businesses haven’t seen since the advent of the computer.

First, let’s define a small collection agency for the purposes of this article. In my service to ACA International members as a Certified Instructor for the past 10 years, I have had the chance to meet with hundreds of collection agency professionals from across the country. We talk about their operations, methods, pain points and almost anything and everything debt collectors are involved with. I have taught compliance classes with the phrase “small agency” in the title, and over the years I have noticed a trend. Ten years ago, most of the attendees for these classes were from companies with less than 50 employees, and almost no attendees from companies with 100+ employees. Two years ago I taught a class with over 80 people in it and more than half the attendees worked in companies with over 100 employees and a handful worked for companies over 250 employees. “Small” has grown larger in a very short time!

Next we can look at the industry as a whole and see fewer collection companies in the marketplace. The CFPB reported a 25% decline in companies between 2008 and 2013. IBISWorld reports starting in 2015 to present, the total number of debt collection companies has decreased 3.6%, total revenue is down 2.9%, and total employees has gone down 2.8%. Consolidation in the healthcare and financial markets have had significant impact on industries serving these businesses, and debt collection has been impacted significantly by federal regulations enacted in the past decade.

10 years ago in my home state of Oregon .com

March/April 2019

the Oregon Collectors Association had 82 members, this year we will have about 54, down 34%. These were small businesses.

In many cases they were family-owned and operated, working with their hospitals and banks and clinics and clients in the towns where they lived, worked and raised families.

Business stands still for no one, even if you have invested your entire life into it, have great relationships with people in your town, know the business better than most, and connect and contribute to all the causes you and your clients care about. I have seen more than a few debt collection companies 25 years old and older not worth anything on the open

market. The owners worked and put their life into something that didn’t keep pace with the competition, marketplace, and regulators and now they have little to show for it. What does the “small” agency do to avoid joining the tyrannosaurus, dodo and passenger pigeon?

Keep An Eye on Clients Do not ignore the writing on the wall.

Consolidation, mergers and acquisitions will target all sizes of companies.

Plus, federal regulation always brings consolidation in the market being regulated. Maybe your company is “too small” to be directly impacted, but what

Continued on page 11

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Skip Tracing Advisor I Ron Brown

Compliance a Skip Tracer Must Follow

I

n a previous article we briefly touched on the subject of tracing under the Fair Debt Collection Practices Act (FDCPA). As I stated in that article, I am often asked the question, “What laws do we have to follow when skip tracing a consumer regarding a debt?” My usual reply is, “That is a very broad question, let’s discuss it.”

In this article we will “discuss it” a little more in depth and see if we can clarify certain things that a tracer may or may not do when tracing.

What Kind of Tracing Are You Doing?

The first thing is to determine if we are skip tracing in the traditional sense, speaking to third parties to obtain current location or contact information, or cybertracking. In this article we will address traditional skip tracing and cover cybertracking in the next issue.

Each state may have consumer protection statutes which would relate to tracing and it is important that the tracer know the laws in the state where they are making third party contact.

The primary statute we will address today is 15 U.S. Code § 1692b, better known as Section 804 of the Fair Debt Collection Practices Act - Acquisition of location information.

The following is the exact wording of the statute: Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall— (1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer; (2) not state that such consumer owes any debt; (3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information; (4) not communicate by post card; (5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and (6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt

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Member National Association of Fraud Investigators Author “MANHUNT: The Book” Contact rbrown2150@aol.com

and has knowledge of, or can readily ascertain, such attorney’s name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector. (Pub. L. 90–321, title VIII, § 804, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 876.)

What This Law Means

After reading the statute there are some things that are very clear and must be followed by the tracer (information in bold indicates the way we train our tracers): • The tracer must identify themselves (a first name ending in “ie” or “y” such as Bobby, Judy, Ronnie or Suzy).

• The tracer must state they are attempting to confirm or correct location information, “I am trying to get in touch with your brother Randy.”

• The tracer must not identify their employer unless the third party specifically requests that information. If asked by the third party the tracer must give the full and legal identity of their employer. If the tracer uses an acronym that acronym must be properly registered pursuant to state statutes.

Depending on circumstances, Collection Services International or CSI Group.

• The tracer must never directly state or imply in any way that the consumer owes a debt even if directly asked by the third party.

Third Party: “Is this regarding a debt?”

Tracer: “That is a very strange question, why would you ask me that?”

After the third party answers, the tracer follows with the single word “Really” and asks the third party another question.

• The tracer is limited as to how many contacts they can make with a third party. So no matter the outcome of the conversation, whether the third party gave valid information or not, the tracer always closes the call the same way.

Tracer: “Thank you very much, you gave me just the information I needed. May I contact you again next week/two weeks/month to see if you have heard from Randy?”

This article is continued on www.CollectionAdvisor.com.

March/April 2019

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ARTIFICIAL INTELLIGENCE COLLECTORS FOR THE FUTURE Continued from page 9 about your clients? Is the future going to be better for healthcare and financial sector expansion, or continue to challenge hospitals and banks to get bigger and stronger so they don’t fail? The only real protection is to not be overly dependent on a single client for placements or revenue.

Respect Your Relationships Do not take your relationships with hospital CEOs and bank VPs for granted. They may not be there to make the decision to keep you as their preferred vendor. I cannot list the number of collection agency owners I know who had relationships with great clients for 20+ years see it simply end when the new company took over and brings in an existing relationship with a different, larger firm.

In my experience, the smaller agency owner has always looked at the personal relationships they have with decision makers as protection against being deselected. When the client gets acquired, sold or changed, that person may no longer be the decision maker

and relying solely on that relationship won’t help. You must build your company to be the value, not just the handshake of the CEO or administrator. When a new decision maker comes in, you can sell your company’s value, not just the fact you have been there and doing that for 20 years.

Upgrade Take a serious look at your capabilities. Our clients are evolving and changing into the 21st century and beyond. Our competitors are working on things like artificial intelligence collectors and 24/7 services for the next generations. If you want to work with your clients in the next decade and beyond, you will need to offer services that companies with 500+ employees take for granted.

If you work healthcare, can you receive and send daily file transfers to multiple platforms and systems. If you work financial debt, are you able to meet the compliance and certification requirements like SSAE SOC 2 or more? Is your infrastructure capable of meeting dozens of customizations

for each of your clients for reporting, file transfers, security and work protocols?

These may not have been the demands of the hometown client and agency in the past, but as consolidation continues it will be the requirements in the future for our clients and their preferred partners.

Maybe your legacy is to transfer your company to your children, sell it to your employees or even sell to a competitor and head to the Caribbean. Take a hard, honest look at where your company will be in ten years if you decide to do nothing and ignore the world around us. Will your company evolve into the next best thing or will it be buried in the wake of change, left to a barren rock pile of other businesses whose owners failed to act?

Brian Watkins is the president of Southern Oregon Credit Service. Starting as a salesperson in the collection industry in 1990, he purchased Southern Oregon Credit Service in 2001. Their largest sectors are healthcare, government and college collections.

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Collection Industry Advisor I Nick Jarman

3 Options to Offer During Tax Season

Owner RightAway Consulting & Coaching Board of Directors, Member ACA International

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hen it comes to collecting debt, tax season can the consumer pay the entire balance. Once these is without argument the most profitable probing questions and subtle demands are established, season of the year. Tax season starts at the there will be enough information provided by the beginning of February and wraps up in early May. February consumer to steer the call in the right direction. generally sees the highest return and slightly tapers off each month thereafter. One issue that can ease its way into tax The Settlement in Full season for collectors is complacency. Collection amounts Once the balance in full talk-off has run its course it is during this period are so much more than other months it is the opportune time to get into settlement discussions. easy for collectors to forget how they It is important to remember that should approach each talk-off with an estimated one out of three the consumers. At the end of the consumers have an account in Just because it is tax season doesn’t day, whether it is tax season or not, delinquency which means they mean that consumers don’t owe the there is only one way to collect will be receiving plenty of calls a debt: that is the right way. Below during tax season. They most entire balance, even though we will discuss what exactly “the likely are educated enough at sometimes consumers and collectors right way” means. this point in the process that settlements are at their peak alike jump right into settlement The Balance in Full during tax season. Be careful discussion without a firm demand for Just because it is tax season doesn’t not to jump to the lowest mean that consumers don’t owe amount allowed when discussing the balance in full to be paid. the entire balance, even though settlements. Start high and work sometimes consumers and collectors down in order to ensure you are alike jump right into settlement discussion without a getting the maximum recovered for you and your client. firm demand for the balance in full to be paid. Collectors Urgency should be stressed when discussing settlements. should approach each talk off during tax season just as they Avoid long, drawn out arrangements on a settlement. They would anytime of the year, are getting the settlement because they are taking the time requesting the balance at present to resolve this debt for all involved. in full be paid off at the present time.

The Down Payment and Payment Arrangements If the consumer If the balance in full and settlement in full options do not is unable to result in resolution of the debt, a payment arrangement is the pay their next best option. It is important to request a down payment entire balance, on all payment arrangements at any point in the year. the next step However, during tax season consumers have more disposable would be to income making it a great time for them to knock out a large ask how much chunk of their debt if the balance is high. Follow this with of the balance setting them up on a reasonable payment arrangement that they can pay gets the debt repaid in the fastest amount of time. at the present In conclusion, when focusing on maximizing time. From collections during tax season it is important for all there it needs to be collectors to remember the fundamentals and ensure they determined how quickly approach each opportunity as if it was their last.

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BEING SUED FOR FOLLOWING VALIDATION NOTICE RULES?

BY KELLY KNEPPER-STEPHENS

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rash of cases coming out of the District Courts in the Third Circuit (Pennsylvania and New Jersey) suggest debt collection companies violate the FDCPA by providing to consumers a required notice written by Congress. You might have to read the first sentence again. It is hard to believe that a business who follows the law and includes a notice verbatim from a statute could be found in violation of that statute for providing the required notice.

It happened in Henry v. Radius Global Solutions, LLC, Guzman v. HOVG, LLC and others.

The real absurdity is these cases actually make it harder on consumers to dispute.

This is counter-productive. Debt collection companies do not want to make it difficult for consumers to dispute. Collection agencies prefer to know when a consumer disputes a debt as soon as possible so that they can resolve the dispute. Best practices, in fact, demonstrate that agencies across the United States offer easy ways for consumers to dispute, including but not limited to: email, phone calls, through a website, even by text message. Nevertheless, these cases out of the Third Circuit suggest an agency should tell a consumer that they have to dispute in writing.

These cases arose from Cadillo v.

Stoneleigh Recovery Associates, LLC, a case still pending in the District of New Jersey.

Stoneleigh moved to dismiss the lawsuit for failure to state a claim. Cadillo contended that the last sentence of Stoneleigh’s letter providing a phone number, hours of operation, and a statement to “call with questions” overshadowed the validation notice which requires a consumer to dispute in writing. The Court did not agree and rejected Cadillo’s claim about the last sentence. But, the Court did something unique, finding the case could not be dismissed because the content of the notice itself—in particular the word “if”—could .com

March/April 2019

confuse the least sophisticated consumer about the requirement to dispute in writing.

Congress wrote three separate sentences that make up the validation notice of section 1692g(a). In the very first of the three sentences, Congress did not use the words “in writing.”

Section 1692g(a)(3) reads: “unless the consumer, within thirty days after receipt of the notice disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector.”

Section 1692g(a)(4) says: “if the consumer notifies the debt collection in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt . . . .”

Section 1692g(a)(5) reads: “upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.”

Putting all these sentences together, debt collectors have always copied the language verbatim from the statute providing the following “validation notice” to consumers: Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request of this office in writing within 30 days after receiving this notice, this

office will provide you with the name and address of the original creditor, if different from the current creditor.

The Cadillo Court came to its decision because of Graziano v. Harrison, a Third Circuit case, where a debt collector added the words “in writing” to the first sentence of the notice—even though those words are not in section 1692g(a)(3). The Graziano court held the notice did not violate the statute because Congress probably forgot the words “in writing” since they appear in sections (4) and (5). Putting aside the long-standing legal rule that if a word is missing from a statute, you must presume Congress intentionally left it out; nothing in Graziano suggests that a debt collector should add words into the statute. And, of course, several other Circuit Courts held Congress left it out on purpose so, basically everywhere else in the country a consumer does not have to dispute “in writing” to trigger their 1692g(a)(3) rights.

But after Cadillo, not only are agencies facing copy-cat cases alleging the word “if” in the validation notice violates the statute, but new riffs on that claim, like, permitting a consumer to dispute through a website violates the FDCPA in the Third Circuit because it is not “in writing.” Just because a collection agency offers a consumer a quick and convenient way to dispute (like through a website or by email) does not on its face violate the statute especially as those options require the consumer to “write.” These cases are on appeal. In the meantime, debt collectors continue to get sued for providing the required notice as written by Congress.

Kelly Knepper-Stephens is Vice President of Legal & Compliance for TrueAccord. Her work focuses on government regulation, compliance, and civil litigation. Kelly serves on the Board of Directors for the Receivables Management Association International and is an ACA Certified Instructor.

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n January 22, Collection Advisor hosted the premiere episode of Collection Advisor Live. The one hour webinar covered everything from training to compliance to skip tracing for collectors across America.

Presentations by these industry experts were followed by real-time question and answer sessions where attendees could chat with industry leaders from the comfort of their office.

Attendees raved about how useful the information was and how the presentation was relaxed and enjoyable.

To those who attended, we hope to see you again next time.

Here is a glimpse of what was covered.

Live

4 TYPES OF SKIP TRACING DATA SOURCES TO KNOW We use what we call a waterfall technique. We use this technique to save money and get the most information in the easiest way.

FREE DATA SITES The waterfall starts with free data sites. blackbookonline.info | manhunt-seminars | sagal.com/ajax PUBLIC RECORD DATA SITES While you will find a percentage of skips using free data sites, there is a percentage you will not find. Those you did not find in free data sites you can search public record sites. Public data has always been available but today is much easier to get through them because of the Internet.

Zabasearch | USA.gov | Americanfactfinder | Vitarec SOCIAL MEDIA SITES AND APPS They have become a great source for mining data. Here are some that are less widely known site and apps.

Networkingforprofessionals | SoundCloud Whatsapp | Ryze | Kik | Gadball PAY-A-FEE SITES Then finally, we’ll pay.

Accurint | Tracersinfo | LocatePlus | IRB

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TOP 10 THINGS THAT CONSTITUTE A DECEPTIVE PRACTICE 1. Failing to report credit disputes to credit reporting agencies (American Express Centurion Bank) and knowingly furnishing information to credit reporting agencies that is known to be false or knows cannot be substantiated.

2. Charging a processing fee for an “expedited” payment posting when payment methods that would not incur a fee would post the next day, when it was not in the consumer’s financial best interest to ensure same-day posting to the consumer’s account.

HOW TO GET THE MOST OUT OF YOUR TRAINING One of the most fun practices we’ve done over the past couple years is group roundtable sessions.

In our group roundtable sessions we’ll typically bring four people into a room, two veterans and two rookie collectors. We’ll listen to one collection call from each collector. Each collector would get a turn to talk about what they liked and comment on what they could do differently. The last collector to speak is the collector whose call we just listened to. Then the training manager would speak saying what they liked and what the collector could do a little differently. It is a productive session each time we do it.

When we first started doing group roundtable sessions we would hear people moaning and groaning about how they didn’t want to do it and how it wasn’t any fun. But by the time we were done with the session everyone was excited and asking when they were doing it again.

3. Making representations that are material to a consumer’s decision about how to respond to a debt collector’s collection efforts. For example, debt collector’s representation that it can prove up the validity of a debt when it cannot, providing false affidavits about the extent of its review of accounts prior to filing legal action, or representing that an attorney has reviewed the consumer’s account when no such review has occurred.

REGISTER NOW: Next Collection Advisor Live March 19th Panelists Gordon C. Beck III, LaDonna Bohling and Jeff DiMatteo discuss everything from balancing operations and compliance to recruiting to agency promotion.

SKIP TRACING SOURCES THAT ARE STILL GOLD

BY JOSHUA FLUEGEL

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he contents of a skip tracer’s toolbox have grown immensely in the last 20 years. For every phone book or directory a tracer used in the past, 50 more digital versions have sprung up in its place. This means tracing is a cinch now, right? If only.

It still requires the same amount of resourcefulness, intuition and a fair share of the “knack.” What was once true for tracers 20 years ago, still holds true today: some of the old fashion sources still exist because they still work.

Collection Advisor caught up with the always-on-the-move Michèle Stuart, president and owner of JAG Investigations. Michèle revealed her reliable tracing sources of choice and what it takes to run a great skip tracing office. Collection Advisor also spoke with skip tracing guru Ron Brown, owner of ConSec Investigations and principal at CSI Group. Brown discussed the importance of a strong network and his search for actual treasure on the open range.

How did you get started in skip tracing?

Stuart: I got started in skip tracing in the late ‘80s, early 90’s when I was conducting financial investigations for a company that was contracted by the FDIC/RTC. Back in those days, we didn’t have access to the data systems we have today so locating people (skipping) was a huge part of the research. It was mostly calling people, making connections with others in the skip trace world, sharing contacts, directories and public record searching.

Brown: I got my start in skip tracing doing “fugitive interdiction,” the law enforcement terminology for skip tracing. Same process, same procedures and hopefully the same results.

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What methods of growing your network have you found to be the most successful?

Stuart: Networking at training events or conferences has been the best way to meet people. Many of us have talked to the same person for years on the phone and never meet them in person. Meeting them face-to-face at conferences or trade shows, I believe, creates a stronger relationship.

Brown: I have found one of the most important tools of a professional tracer is their ability to establish a network. I have attempted to establish mine by developing every person I meet as a future source. I exchange business cards, write on the back not only the date and place I met the person but also something personal about them. In the beginning I placed the cards in a drawer where it was indexed by the information that person might provide; today I scan the card and keep the data on a thumb drive.

What do you think is a good skip tracing source and/or technique you think collection professionals overlook?

Stuart: I think the most underused sources are good old fashion public records.

Many in the industry spend an enormous amount of time on databases. Now don’t get me wrong, they are an incredible tool that I also use; however, not all counties report or sell their data to these databases. Taking the time to look at what is accessible online and/or just a quick phone call can produce information that may not be maintained in the database being utilized for their searches. One example is pet licenses. If a person owns a dog, what do they have to do? License it!

Brown: I think tracers often overlook the open sources in plain sight; the easy sources such as the telephone directory, Google search and credit applications.

They tend to make the hunt too complicated. The professional tracer must always remember that the shortest distance between two points is always a straight line, stay away from the tangents.

What is one of the worst mistakes a skip tracer can make and how do you avoid it?

Stuart: I don’t like to reference anything as “the worst” as we all have our own way of skipping. People have different ways to conduct their research, Michèle Stuart our brains think differently. However, if I wanted to point out something I have seen over and over is the fact that old data is dismissed.

Understanding how the Internet works, how information is archived and cross referenced is important. Just because an individual disconnected their phone number doesn’t mean the history associated to that number (and person) is now wiped from the web. I always say in my classes “old is gold.”

Brown: One of the worst mistakes a tracer can make, and not even realize they are doing it, is basing conclusions on assumptions rather than on knowledge, and become skip guessers instead of skip tracers.

What is something creditors can do to ensure easier skip tracing?

Stuart: Collect as much personal data in the beginning of the application stage as you can. Ask for all email addresses used by the subject, ask for all contact and reference phone numbers. Anytime an individual creates a social media account, they have to provide an email address. This will be an important bit of data if the account needs to be skipped at a later date.

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Brown: To ensure easier skip tracing the creditors should always review the credit application they receive at the time of the transaction to check for red flags: all references living at the same address or employed at the same place, the employment phone number and the primary contact number being the same. We do a complete seminar for creditors on recognizing red flags on an application. The creditor should scrutinize that application and the information on it as if they were never going to see that consumer again, because in many cases they won’t.

What is the key to running a great skip tracing office?

Stuart: A great office is created by a great boss. What a boss says to his employees becomes their inner voice. Many skip tracers are working hundreds of accounts, with very little time provided for them per account. I have trained hundreds of skip tracers and they are under a lot of stress when it comes to deadlines and client updates. Creating an environment of respect and appreciation makes people work harder, more willing to go the extra mile per se. Also providing them the tools and sources they need to properly conduct their searches is a huge factor.

Brown: The key to running a great skip tracing unit, finding people and things when others cannot, is the constant sharing of sources and ideas. Sources are the key and they are like windows on a house as they constantly open and close.

The tracing unit must be able to take advantage of the winds that blow through those open windows.

Describe a particularly challenging skip trace and how you managed location.

Stuart: This is a tough one as I have been conducting research/investigations for 28 years. There isn’t really just one that .com

March/April 2019

sticks out. The more difficult skips are the ones that are technologically advanced. They use VoIPs for phone numbers, wipe their social media accounts, manipulate their names, use post office boxes or mail drop centers. Technology is a wonderful tool for us but it also causes a huge problem in trying to locate an individual.

Brown: A particular challenging tracing assignment was the locating and recovering of $12 million worth of road building equipment which had been paid for with a counterfeit cashier’s check. The process entailed networking with sources developed through the years which included but were not limited to the El Paso Intelligence Center (EPIC), U.S. Customs Service, U.S. State Department, U.S. Embassy in Lima Peru and the Peruvian National Police (Policia Nacional de Peru/PNP). Networking with all of these entities and bringing it all together was particularly challenging but led to a very successful outcome.

tracer must constantly keep track of the new and innovative tools and techniques and move forward with the times, constantly adapting.

What is one tip you would give skip tracers in the current skip tracing/ compliance environment?

Stuart: Never ever friend your debtor [on social media] to obtain information from them.

Brown: In the current skip tracing compliance environment I would provide the tracers with a quotation from Jonathan Swift, “Laws are like cobwebs, which Ron Brown may catch small flies, but let wasps and hornets fly through.”

Know the laws which govern your activities, know those laws frontwards and backwards, inside and out. Never break those laws but rather find a legal way to navigate through them.

What do you think the future holds for skip tracing?

What do you like to do in your free time?

Brown: I think that as long as there are large price items there will have to be credit purchases and as long as items are sold on credit terms there will be people who do not pay and skip out.

As long as there are skips there will be a need for professional skip tracers.

Our ability to trace has always paralleled our ability to communicate and never have we had the communication tools we have today. The professional

Brown: In my free time, when I have free time, I like to ride my Harley-Davidson to my ranch, the Bar-B-Bar Almosta Ranch, saddle up my horse and ride out searching for the lost treasures of the James Gang, the Doolin Brothers and the many other outlaws who secreted their stolen treasures in the hills and mesas of Oklahoma. Now that is real skip tracing.

Stuart: There will always be a need for skip tracing, whether it be for the location of a debtor or the location of suspect. I believe that skip tracing will always need to advance in training on open sources and social media platforms.

Stuart: Sleep, LOL. I was on the road over 250 days last year. If I actually can get a whole week off, I like to relax on a private beach somewhere with no computer or cell phone. Realistically, the beach can happen but the no computer or phone never happens.

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26 WAYS TO MAKE TAX SEASON A DEBT RESOLUTION SEASON

BY JOSHUA FLUEGEL

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any consumers are seeing a sudden inflow of money due to tax refunds this time of year. This provides plenty of opportunity for collection professionals to help empower consumers to take Jeffrey S. Simendinger control of their financial situation and use their refund to remedy their debt problems once and for all. Collection Advisor worked with Afni’s training team and Jeffrey S. Simendinger, cofounder and chief operating officer of SIMM Associates to develop key tips, questions and a tax refund schedule to help your tax season collection efforts.

12 Tax Season Income Question Tips

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return? (Mom, Dad, spouse, sibling)

6 Terrific Tax Time Talk-Offs Six talk-off suggestions for collection professionals will help consumers realize what a lifesaver a tax refund can be for their financial situation.

1. “Using your tax refund to take care of this debt will save you from having to use money out of your current budget. Just think of it as extra money. You won’t really miss it.”

2. “You may never have a better opportunity to get this debt resolved than you have right now using your tax refund.”

3. “You could really help yourself by using your tax refund to get this debt taken care of.”

4. “Using your tax refund to pay off this debt will help you to start the new year with a clean slate.”

5. “Many tax preparers advance the refund to you. You can get an advance on your expected tax refund and pay off this debt once and for all.”

6. “This is the time of year everyone waits for to pay off bills. Let’s not lose this opportunity to finally get this resolved.”

6 More Helpful Hints Here are some additional tax season hints that collection professionals should always consider when working with consumers.

1. Push for down payments with a payment plan based on a final payment next month when the consumer gets his/her tax refund.

2. Suggest potential money sources.

3. Find out when the consumer gets his/her bonus from work. Set up a down payment and post date the rest for then.

4. Be creative and think outside the box.

Make closing the account a team effort with the consumer.

5. Always push for a down payment.

6. Always sell benefits of paying the account off.

2 Frequently Asked Questions Different situations with consumers can bring about some interesting questions from professionals on the collection floor. Here are some responses to frequently asked questions.

1. What if the consumer tells me they haven’t filed because of not receiving their W-2 Form? Employers are required to mail W-2 Forms by January 31. The consumer should first contact their place of employment and check the address where the company sent their W-2 Form.

Consumers may also have access to their W-2 form online with their employer.

Consumers can also call the IRS at 1-800829-1040 to get a copy of their W-2 Form.

2.

Should I always bring up the “tax refund” conversation to the consumer?

Yes. Always assume the consumer is filing taxes and getting a rapid refund. So ask, “When will you be getting your tax refund back?” rather than asking, “Are you getting a tax refund?”

Letter Campaigns Another way to help consumers resolve their debt during tax season is with a strategic letter campaign. “Tax season settlement letter campaigns are another must to take advantage of any extra money a consumer may have at their disposal,” said Simendinger. “Those letters can be sent via regular mail or by email depending on client covenants and the agency’s available technology. This strategy is something that we’ve done every year during our entire 27-year history.”

Tax Return Schedule Awareness of when tax return payments are made based on the date the return was submitted can be a great asset to collection professionals. It can help with negotiation and the scheduling of payments. Listed online is an estimation of refund payment dates based on the date the tax return was accepted by the IRS. The schedule has been created based on previous tax refund schedules released by the IRS. March/April 2019

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MEMBERS ONLY: Schedule online

How much will a consumer’s refund be?

Here are some great questions collection professionals can use to ascertain the consumer’s ability to pay and help a consumer get the maximum return. Note question tips that are followed by the tax credit applicable to each situation or an appropriate question.

1. Did you worked in 2018? (earned income credit) 2. When do you file your taxes?

3. How many children are you filing for? (child tax credit) (daycare credit) (adoption credit) 4. Did you go to college in 2018? (college tax credit) 5. Are you a homeowner? (Mortgage interest credit) 6. Are you retired or on disability? (65 or older receives a tax credit) (credit ranges between $3,750-$7,500) 7. On average how much do you expect your return to be?

8. Who are you filing your taxes with?

9. Down payment? (How much can you put down today?)

10. A small payment? (“We can do $50.00 payments until you get your tax return.”)

11. Ask for postdated checks. (“I can postdate the remainder balance for February/ March.”)

12. Who in your family is getting a tax

TO ARBITRATE OR NOT – THAT IS THE QUESTION

BY RICHARD J. PERR WITH MATTHEW SELMASSKA

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any collection agencies and other third-party debt buyers are not aware that they can take advantage of arbitration clauses, often found within the underlying contracts between the consumer and the original creditor. Upon notice of a consumer related lawsuit, collection and debt-buying agencies should contact the original creditor to see if an arbitration clause exists in the underlying contract (after notifying their attorneys, of course).

These clauses can serve to force arbitration of the consumer’s lawsuit and take the matter outside of the court system.

These arbitration clauses are enforceable under the Federal Arbitration Act, and the U.S. Supreme Court has established a strong policy favoring arbitration, finding that it serves to streamline litigation and reduce the burden on court dockets across the country.

Assignment of Consumer’s Contract In order for agencies to take advantage of arbitration clauses, there must be a valid assignment of the consumer’s contract from the original creditor to the collection agency.

This means that the agency now possesses the original creditor’s rights with regard to the contract—including the right to enforce the arbitration clause. Usually, arbitration clauses are deliberately broad in scope to encompass any consumer related lawsuits that may arise out of the contract. Many clauses explicitly apply to collection activities relating to the consumer’s account.

Benefit of Arbitration Upon being sued, if the underlying consumer contract contains an arbitration clause, the collection agency has a choice to make; should the arbitration clause be enforced, or should the case proceed through the regular court system?

The benefits of arbitration are obvious.

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March/April 2019

Arbitration provides a private forum where disputes can be resolved more quickly than standard litigation. Further, many arbitration clauses contain class action waivers—which means consumers are barred from pursuing class-wide litigation and may only seek relief on an individual basis.

Therefore, these class action waivers can save expenses by preventing the attorneys from litigating class certification motions and related issues in court.

Additionally, it is common for some plaintiffs’ attorneys to give up their lawsuit altogether when forced to proceed to arbitration. These practitioners simply do not feel that pursuing their lawsuits in a private, less formal forum is worth it, particularly if class claims are stricken.

Detriments Of Arbitration While the benefits of arbitration can be understood easy enough, the perils and pitfalls are less known. Perhaps most importantly, agencies should not automatically conclude that arbitration clauses will always save money. It is important to remember that these clauses were initially put in place by the original creditor.

In many cases, these original creditors are large financial institutions who do not mind paying more upfront for speedier dispute resolution. In proceedings before the American Arbitration Association, filing and case initiation fees alone can be well over $2,000 just from the start. That figure also is not inclusive of the arbitrator’s fees—which can run anywhere from $1,500 to $2,500 per day for consumer disputes. Combined with standard attorneys’ fees, arbitration of a consumer related dispute could leave agencies with sticker shock.

Quick dispute resolution can also work against cost savings; because an arbitration typically occurs in a shorter time frame, the collection agency’s attorney’s fees will

therefore be compressed in a condensed period. Standard litigation typically results in attorney’s fees accruing modestly over a longer period. Thus, decision-makers should think hard and consult their accounts payable departments when making arbitration related decisions, as cash flow issues can naturally arise.

The existence of an arbitration clause in an underlying consumer contract does not necessarily mean that standard litigation is off the table—even if the agency wishes to arbitrate. Initially, many plaintiffs’ attorneys are unwilling to concede that the arbitration clause should even be enforced, and thus attorneys often have to draft, file, and litigate a motion to compel arbitration.

Sometimes there are disputed issues as to whether the arbitration clause even applies to the consumer’s lawsuit. Some consumers are successful in getting courts to grant discovery on this issue, and thus limited discovery must take place even before the court may later compel arbitration. Furthermore, even where a motion to compel arbitration is granted outright, many courts refuse to dismiss the case and issue a stay instead—which pauses the litigation in court while the arbitration proceeds.

While collectors can derive real benefits from arbitration, it is not a panacea to cure all litigation ills. Collection agencies need to make informed decisions with their attorneys as to the practical realities of underlying arbitration clauses while weighing the burdens and benefits of arbitration.

Richard J. Perr is a partner with Fineman Krekstein & Harris, P.C., and is the immediate past president of ACA International. He was assisted on this article

by Matthew Selmasska, an associate with Fineman Krekstein & Harris.

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THOUGHT LEADERS LIVE STREAM TO COLLECTORS

BY T. STEEL ROSE

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ollector.Live! took place in Dallas this year and grew again.

The Collector.Live! event is a pioneering concept where 17 industry leaders live stream up to six hours of collector training from one place, in this case Dallas, for collectors to watch from the convenience of their offices. Editor-in-Chief, Joshua Fluegel and I caught the presentations in person.

Broadcast from an intimate theater in Dallas, the event was attended by collectors and collection managers who provided on-site response to the insight delivered by ARM leaders.

ACA International Director of Education and Membership Development, Harry Strausser, III and ACA President Elect and COO of CACi, Roger Weiss, kicked things off as the masters of ceremony. Strausser reminded us that whether collectors are referred to as customer service representatives or financial management experts, “professional debt collectors should enjoy every moment of every day and sense the value of what you do in this important job that is often misunderstood.”

Christian Lehr, VP/COO of Healthcare Collections, LLC during his session, “How to Identify Problems and Avoid Finger Pointing,” said, “Happy employees are 20% more productive,” and “unhappy employees are toxic.” Lehr noted that, “Millennials are the highest percentage of the workforce, one-half want out and only 40% are thriving.”

Lehr said, “Happy employees are those who know they matter to their employer, are moving forward with the company and feel they are contributing.”

Kelly Knepper-Stephens, VP Legal and

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The panelists of Collector.Live!

Compliance with TrueAccord in her session, “Hello, How to Get the Most Out of Location Information Calls,” advised collectors making location information calls to only say you are, “confirming or correcting location information,” during an FDCPA compliant call, and cannot say, “I am a debt collector” or “the consumer owes a debt.” If asked, you cannot be misleading but may say, “It is an important business matter.” You are not permitted to call again, “unless you have been requested to do so or received incorrect information.”

Knepper-Stephens emphasized being polite and positive to reflect, “that you need help,” as she emphasized that these are, “some of the best calls for skip tracing.”

Weiss, gave a presentation on Jedi Mind Tricks: Closing Calls with a Payment Today. I reviewed the Weiss presentation on a recording of Collector.

Live!, which also included downloadable PDFs of the presentation. Weiss said, “There is a sale made on each call.” He emphasized using words like, please and thank you. “Say ‘I understand,’ use power words and lose negative phrases.

Weiss emphasized, “You have got to let

them hear you smile over the phone.”

Co-producer Mike Gibb said, “There is an entire financial services industry that could benefit from this type of event, but we intend to hone it for the ARM industry.”

“At the end of the sessions there were 30 minutes of interactive questioning from all over the country,” said coproducer Jack Gordon. This enhanced the “eventiness” of the sessions, a word Gordon may have originated to describe this session of his online conference.

This end of the day Q & A was the highlight for me when the speakers voluntarily answered questions concerning everything from the seven steps of a phone call to lump sum tax season settlements. The major takeaway from this very accessible new format for collector training is how sincere and enjoyable people in the collection profession tend to be. The happy, knowledgeable, vibrant speakers displayed Strausser’s opening reminder that, “Collectors should enjoy each day and sense the importance of the job they are doing.”

March/April 2019

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6 Best Practices to Help Achieve Compliance Excerpts from Collection Advisor Magazine

By Debra Ciskey, Compliance Advisor Debra Ciskey is the Compliance Officer at Wakefield & Associates. Inc. She is a member of the board of directors and a certified instructor for ACA International.

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Pr o fe s s i o n a l Net wo r k

EVERYWHERE AT ONCE WITH SPEECH ANALYTICS

BY JOSHUA FLUEGEL

Y

ou can’t be everywhere and hear everything at once, but speech analytics software claims to give you a fighting chance to that end. Collection Advisor talked to collection professionals about their use of speech analytics software asking them in what way it helps their collection efforts and pitfalls other professionals should avoid with its use.

What is a problem on the collection floor that speech analytics helps prevent?

ROGER D. WEISS President, CACi

It’s not just “A” problem.

Speech analytics, the way we use them anyway, essentially put a coach, compliance manager and Roger D. Weiss collection supervisor on the collector’s shoulder on every call. We are able to drastically shorten training curves, avoid collector missteps and significantly reduce compliance risks.

KIM BERGHOLD Quality Assurance Manager, Client Services, Inc. It can prevent multiple problems. You can look for a specific tone or even derogatory words as a Kim Berghold precautionary measure.

It is most helpful in monitoring for specific keywords that identify special handling situations such as bankruptcy, attorney or dispute to ensure proper account handling.

What is the key to properly implementing a speech analytics solution into the collection process?

WEISS: The keys to me are, first and foremost, that the strategies you train and coach your collectors on are aligned and reflected in your speech analytics solution.

Everyone from the top down has to understand your strategy and procedures

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and have those be reinforced with the technology, not the other way around.

After that, truly it is communication and follow up on all levels. If you gather the data and don’t communicate results, take action steps and improve your processes, you are simply wasting time, money and resources.

BERGHOLD: To get the most from your speech analytics tool, it is helpful to remember the following acronym: P-O-L-I-C-E: Prioritize: When implementing your program, ask yourself: Which search tools need to be created first? Which would make the most impact on my business?

Organize: Create tracking to communicate progress and share results with the team regularly.

Listen: Your analytic demands can come from a variety of sources: law changes, company compliance reviews, client process changes/concerns and operations feedback. Be willing to meet with all of these areas within your company to determine needs and evaluate your search’s effectiveness.

Investigate: Gauge your search’s effectiveness through on-going tests and performance reviews.

Communicate: Keep everyone on the team informed of changes to searches and your voice analytic system’s overall performance.

Evaluate: Continually monitor and review your searches. Remember that there are infinite words and phrases that a consumer can use in regards to “collections.”

are built for managers and compliance leaders. It was important to me that we used a product that was collector-centric.

We got really lucky [with our system], because it is all about coaching collectors, then has a management dashboard to support the data. To me that lifts the power of the product enormously.

What is a mistake to avoid when selecting/using speech analytics software?

WEISS: Know what you want out of the product, and that the product can meet your wants and needs. For example, a lot of products, as good as they may be,

BERGHOLD: The ease of creating a search and being able to get immediate results.

Quick construction of an analytic search assures compliance and allows operations to develop the collections team through timely coaching and correction.

BERGHOLD: Do not assume that, once you have created a search or category, you are done! A company should choose an option that can grow with their business. Collections is an industry that can require immediate compliance due to regulation/client reporting changes.

Being able to modify your searches and even add on to your speech analytics program can make the transition easier and put you in front of the competition.

What is your favorite feature of your speech analytics software?

WEISS: You’d have to see it to believe it.

[Our system] provides a checklist for required call steps that is fully customized.

It offers collectors suggested scripting and coaching tips based on statements that the consumers make. Finally, if it is set up to do so, [our system] can provide the collector with a short call review after each call showing the collector what she or he did well, and what could be improved upon. In full disclosure, my consulting company, The Collections Coach, has worked with [this system] to provide an advanced scripting I call “Real Time Coach” which allows new users to plug and play [the system] in a matter of a few days, rather than several weeks.

March/April 2019

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KEEPING NEW HIRES FROM BECOMING GHOSTS

BY LADONNA BOHLING

A

s a baby-boomer in the collection industry for 23 years, I can remember once upon a time when there was an abundance of applicants for front line collector jobs. So many that I would turn candidates away for being one minute late for the interview. After all, if they couldn’t arrive on time for the interview, they would probably be late arriving at work.

Times have changed. There is a new trend called “ghosting.” Ghosting is when the candidate doesn’t show for the interview, or if hired, they are a no-show the first day. They might even disappear without a trace once hired. Ghosting is easy for the candidate, no awkward conversations. Poof, they are gone!

It’s no secret – U.S. unemployment is at an all-time low. We have more jobs than qualified candidates to fill these jobs.

There’s a new breed of job candidates, they are modernized and they can be finicky.

They are holding the cards, the tables have turned and they pick us. Finding qualified candidates is time-consuming and expensive.

Then, after we hire and train, we contend with the turnover. Turnover in our industry is something that seems to be expected and tolerated. According to the U.S. Department of Labor, the average cost of a bad hiring decision can equal 30% of the individual’s first-year potential earnings. Half of all hourly workers leave new jobs within the first 120 days! According to the Bureau of Labor Statistics’ website, “Workers frequently leave the occupation, which leads to job openings.”

We don’t have to accept this as our fate. We can overcome these challenges by revamping our recruiting strategies to attract and retain the finicky candidate. Here are four tactics your HR department can adopt to begin making a positive change:

1. Be Fabulous!

Show candidates what it is like working at your company. The finicky candidates .com

March/April 2019

always want to know what’s in it for them.

Create company profiles on social media such as LinkedIn, Twitter and Facebook. Give candidates a peek at your culture by sharing your work environment. Circulate industry related articles. Respond to all reviews – positive and negative.

A recent publication by Glassdoor indicates, “69% of candidates are likely to apply for a job if the employer actively manages its brand.” Update your website to include a career site. Make sure it is mobile friendly and keep it simple. 76% of all candidates apply through some type of mobile device and 60% will abandon a complex online application.

2. You Want Me to What? When?

Determine what characteristics you are looking for in an employee. Write realistic job descriptions that make candidates want more information. Decide on a start date.

According to Glassdoor, the interview process is 22.9 days on average.

3. Come Out, Come Out Wherever You Are Get the word out that you are hiring.

There are two types of candidates: active and passive.

Active candidates are those who are actively looking. They are searching job sites, responding to ads, and sending their resumes to multiple employers. Most of your active candidates go to the more well-known sites such as Indeed, CareerBuilder, Monster, ZipRecruiter and Glassdoor.

Passive candidates are those who have jobs. Typically, they are satisfied with their current job. However, most are open to bigger and better opportunities.

The passives makeup 75% of the potential candidate pool and are your most qualified.

They aren’t looking, but at some point, they were. You can find them by searching the resume databases of job sites such as Indeed and CareerBuilder. You can attract

the passives by calling attention to your brand by networking on social media, using employees as brand ambassadors, public announcements, and hosting an open house.

Promote your brand as an exciting and fabulous place to work!

4. Don’t Put Off Until Tomorrow Act quickly. Once candidates express interest, acknowledge the request and tell them the next steps. Develop a pre-screen process and conduct telephone interviews. if they meet your requirements set up inperson interviews.

Stay in contact by sending interview confirmation emails such as, “Looking forward to meeting you,” or, “I so enjoyed getting to know you on the telephone.”

Prepare for the interview by securing an inviting interview space. Let them know who they will meet when they interview.

On interview day, be prompt. Make the candidate feel welcome. Keep them engaged, you are forming a relationship. Be friendly, positive and concise. Form your interview questions into a conversation, not an interrogation. Make the candidate want to choose you.

At the end of the interview, clarify the next steps to keep the candidate engaged.

If a thorough phone screen was done, then face to face should enable you to make decisions more quickly. Make your offer!

Be professional and notify the candidates not selected.

Take it from this baby boomer, as an industry we can beat the odds by improving our brand, changing our processes, and understanding the mindset of the modern candidate.

LaDonna Bohling is VP of Special Ops at Contract Callers, Inc., responsible for training development and client relations. She holds the International Fellowship of Certified Collection Executives designation.

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‘

Business Directory

Collection Agencies IC System, Inc. 3rd Party Collections

icsystem.com 651-481-6531 ejohannes@icsystem.com IC System provides secure and compliant third-party bad debt collection services to a wide array of markets.

Over 80 years of family ownership and consistent, trusted results.

United Collection Bureau, Inc.

1st and 3rd Party Collections ucbinc.com ssharma@ucbinc.com 954-236-6027 UCB, Inc. provides national debt programs for creditors in all markets from fully-secure high performance collection centers located in the U.S. and Latin America.

Collection Solutions Software, Inc. CSS IMPACT! HD™ 2.0 cssimpact.com arielb@cssimpact.com 818-593-4830 CSS IMPACT! HD™ 2.0 (Enterprise), the industry’s leading ARM | Collections & Compliance Platform delivering decades of deep rooted industry acumen for the ARM, Collections & Compliance sectors. IXP (Lite) also available.

The Computer Manager, Inc. Debt$Net Collection Software debtnet5.com | sales@debtnet5.com 800-552-8397 Since 1987, Debt$Net collection software has provided collection agencies, law firms and in-house collection departments with one of the most comprehensive collection systems in the industry.

Debtmaster®

Debtmaster® 360 debtmaster.com 800-414-2814 Debtmaster®360 gives you cloud hosted, costeffective, flexible, secure, collection solutions that helps you manage compliance and provide quality service for Clients and Debtors.

Quantrax Corporation Inc.

RMEx quantrax.com marketing@quantrax.com 301-657-2084 Quantrax is a high-end collection technology company that has marketed and supported an intelligent collection software platform for over 25 years.

Simplicity Collection Software SimplicityCollect Comtech Systems simplicitycollectionsoftware.com Collect! sales@simplicitycollect.com Credit and Debt

Collection Software 866-791-0224 Collection Software As an industry leader, Simplicity is the only software procollect.org | info@collect.org CDS Software vider to offer a web solution with unlimited users, clients, 800-661-6722 CollectOne accounts, and custom fields at an affordable price!

Collect! combines ease of use with total integration collectone.com of functions. Accounts are efficiently tracked from info@collectone.com Sentinel the time you receive them until activity is concluded 888-816-3333 Development and they are closed. Collect! keeps track of critical CollectOne is an award winning suite of debt colSolutions, Inc. information automatically.

Total integration provides lection solutions that provides a feature-rich set of eCollections for seamless and accurate month end invoices and automated business processes designed to minimize ecollections.com | sales@ecollections.com statements with full account histories. costs and maximize results.

515-564-0585 DAKCS Software The result of 20 years of industry-leading collections/recovCODIX ery platform development, eCollections is a comprehensive Systems iMX Collection, enterprise collection system with flexible configuration, Beyond ARM Legal and Recovery Solution ease-of-use, powerful payment features, workflow automadakcs.com | sales@dakcs.com codix.us/debt_collection tion, and unparalleled reporting and tracking.

800-873-2527 bquinn@codix.us DAKCS Software Systems is an industry leader in simpli404-790-0998 fying the process of collections and accounts receivable iMX is a complete centralized debt collection and Collection Support Services management. By creating highly configurable, innovarecovery software solution. Based on the latest tive cloud and on-premise software solutions, DAKCS of- Cornerstone technologies, iMX Debt Collection includes all the fers a way to run your business faster and more efficient. Support most advanced business functionalities supported by DAKCS is committed to providing the tools necessary for State Licensing native tools. success in the ever evolving ARM industry. and E&O Insurance cornerstonesupport.com info@cornerstonesupport.com 888-445-8660 Cornerstone Support is the premier licensing and insurance provider to the collection industry; professionally trained to assist you with all of your state licensing needs.

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VoApps DirectDrop Voicemail voapps.com sales@voapps.com 855-639-4907 VoApp’s patented DirectDrop Voicemail service delivers a voice message directly to a consumer’s voicemail server – without calling the phone in question.

LexisNexis® Risk Solutions LexisNexis® Accurint ® for Collections risk.lexisnexis.com 800-869-0751 LexisNexis® Risk Solutions assist debt recovery professionals with increasing workflow efficiencies, gaining greater insight into debt portfolios, collecting more in less time and achieving greater profitability.

Compliance

U.S. Tracers Proprietary Place of Employment

LexisNexis® Risk Solutions LexisNexis ® Accurint ® for Collections lexisnexis.com/risk/receivables-management 800-869-0751 LexisNexis Risk Solutions assist debt recovery professionals with increasing workflow efficiencies, gaining greater insight into debt portfolios, collecting more in less time and achieving greater profitability.

VeriFacts Payroll Promise verifactsinc.com sclark@verifactsinc.com 800-542-7434 Payroll Promise is designed to support a legal strategy by locating verified full time places of employment. The information returned is 100% guaranteed to be accurate.

Electronic Payments BillingTree Payment Solutions Credit, debit & ACH processing Innovative E-Pay Solutions, Inc. Electronic Payments innoepay.com sales@innoepay.com 855-888-3729 Specializes in providing Credit Card and Electronic Check processing accounts to the Collections Industry for over 15 years. FDCPA Certified Agents, longtime members of ACA.

Speech Analytics speechIQ speechIQ speechiq.com sales@speechiq.com 888-683-1011 SpeechIQ is an AI-driven speech analytics and quality management platform helping companies automate and streamline quality assurance, improve agency performance, and mitigate compliance risks.

Mail Services CompuMail Inc. Print & Mail Services, Communications compumailinc.com info@compumailinc.com 360-260-1888 In addition to providing print and mail services, CompuMail's solutions include email, online archiving, and real-time review & approve capabilities - coupled with superior service.

Skip Tracing IDI idiCORE ididata.com sales@ididata.com 855-842-1410 Trusted for over a decade by collection agencies and collection attorneys. IDI provides fast, accurate and cost-effective consumer verification and skip-tracing solutions via online, API, and batch processing.

Reduce Cost, Not Quality.

Virtual Collections Applied Innovation Inc. ClientAccessWeb, PayStream, GreenLight, and Papyrus appliedinnovationinc.com 800-589-5651 mjeffers@appliedinnovationinc.com Applied Innovation provides a suite of compliant solutions for the ARM industry. Our solutions have proven to increase your bottom line with improved efficiencies, increased client sales and retention, and increased web services. Designed for your continued growth and success.

InterProse

ACE - Virtual Agent Collector interprose.com/collection-advisor aaron.reiter@interprose.com 844-244-1135 Add InterProse’s consumer-friendly, patented Virtual Agent Collector to your existing software or ask about ACE for a full conversion to a true, web-based collection platform, open to third-party integrations and packed with process automations.

March/April 2019 Volume 19, No. 2 Editor-in-Chief Joshua Fluegel josh@collectionadvisor.com Editor T. Steel Rose, CPA, ACG editor@collectionadvisor.com Copy Editor Myrna Nelson Advisory Board/Columnists Ron Brown Debra Ciskey Nick Jarman Michael L. Starzec Harry A. Strausser III Publisher Angie Rose angie@collectionadvisor.com Production Andrea Bergeron Paul andrea@collectionadvisor.com Subscription Changes Joshua Fluegel josh@collectionadvisor.com The opinions given by contributing authors are their own and not necessarily the opinion of our staff and ownership. All trademarks used are the property of their respective owner.

Collection Advisor (ISSN# 1556-0813) is produced six times a year by Abide Media, P.O. Box 92342, Southlake, TX 76092, 888-610-1144. Standard Mail postage paid at Sussex, WI 53089. ©2019 All Rights Reserved Magazine Publishing Group, Inc. Printed in the U.S.A.

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