southwest collector connector...president's letter to all of our aca of texas members, our...

40
PRESORTED STANDARD US POSTAGE PAID PERMIT #372 AUSTIN, TX INSIDE: 2019 Southwest ACA Conference Wrap-Up 6 Must-Haves of an ADA Compliant Website southwest The Official Quarterly Publication of the American Collectors Association of Texas • Vol. 32 No. 4 • Fall 2019 Collector Connector

Upload: others

Post on 13-Mar-2020

3 views

Category:

Documents


0 download

TRANSCRIPT

PRESORTEDSTANDARD

US POSTAGEPAID

PERMIT #372AUSTIN, TX

INSIDE:• 2019 Southwest ACA Conference Wrap-Up

• 6 Must-Haves of an ADA Compliant Website

southwest

The Official Quarterly Publication of the American Collectors Association of Texas • Vol. 32 No. 4 • Fall 2019Collector Connector

CONSUMER COMMUNICATION AND PAYMENTS SOLUTION

Letters and Statements

Digital Communication

Analytics

Payment Portal

Inbound IVR

Cybersecurity

www.revspringinc.com

Harness the power of RevSpring’s multi-channel consumer communication and payments solution to maximize outcomes.

Email [email protected] or call 248.567.7300.

aca of texasSILVERSponSoR

aca of texasASSoCIATE

MEMBERBooTh #30

features

President’s Letter ............................................................................ 5

Executive Director’s Comments ............................................................ 7

Professional Education and Development...............................................27

CollectPAC ...................................................................................29

Index to Advertisers ........................................................................38

departments

southwest collector connector is designed by Joseph Moreno, ArtJam Productions, Inc.

Cover Photo: A Texas Christmas, as we wish all of our readers a Merry Christmas and a Happy New Year!

INS IDETHIS ISSUE

FALL2019

The Sales and Leadership Corner: Challenges, Obstacles, and Solutions ......... 9Mark Trezza

Data Security Recap of 2019 ..............................................................11Leslie Bender, Esq.

Top 10 Elevator Conversations RE: CFPB’s Proposed New Rules for Debt Collection – Part 1 ........................................................13Rozanne Andersen, Esq.

6 Must-Haves of an ADA Compliant Website ...........................................15David Gevorkian

ARM Alert – Q3 2019 Review ..............................................................17Michael Lamm

ACA Southwest Conference Wrap-Up ................................................19-24

Buisiness Meeting Summary .............................................................34

ACA of Texas Board of Directors Meeting Summary ..................................37

PRESIDENTRick V. Anderson, Esq.,

ShareholderRoberts Markel Weinberg Butler Hailey

2800 Post Oak Blvd., 57th FloorHouston, TX 77056

[email protected]

PRESIDENT-ELECTJordan Freytag

VP, DevelopmentGila, LLC

8325 Tuscany Way, Bldg. 4, Austin, TX 78754

[email protected]

VICE PRESIDENTLisa True

Managing MemberSecured Resolutions, LLC

2113 Hampton CourtCarrollton TX 75006

[email protected]

TREASUREROPEN

PAST PRESIDENT Steve Whigham

Director of OperationsMcCreary, Veselka, Bragg & Allen, PC

700 Jeffery Way, Suite 100Round Rock, TX 78665

[email protected]

NATIONAL DELEGATESMike Ryalls (2017-2020)Greg Mason (2017-2020)

Darlene Mead, Fort Worth (2018-2021)

STATE DIRECTORSPaul Nagy, Austin (2018-2019)

Robert Ridgeway, Esq., Sherman (2016-2019)Laura Hirsch, Coppell (2017-2020

Joanie Carpenter, Garland (2017-2020)Scott Hearn, Houston (2018-2021)

Stephanie Rifenberg, Amarillo (2018-2021)

EXECUTIVE DIRECTORThomas G. Morgan

305 S. Broadway, Suite 706Tyler, TX 75702512-458-8666

[email protected]

aca of texasASSoCIATE

MEMBERBooTh #12

President's Letter

To all of our ACA of Texas Members, our Associate Membersand all other readers, Greetings!

As 2019 draws to a close, I want to wish you and your loved ones a peaceful and happy new year.  This has been an extraordinary year for our organization.  We have made the decision to merge with the Oklahoma unit and are taking steps to accomplish that in 2020.  If you have an opportunity, please reach out and welcome our newcomers.

We recently concluded our wildly successful 2019 Southwest ACA Conference and Expo and I want to offer our sincere thanks to our exhibitors, our sponsors, as well as our presenters, panel moderators and panel participants.

I especially want to thank those members who chose to attend. Taking the time to attend a conference is important in many ways as you both gain information and also take the time to share your knowledge with your peers.

It is a privilege to be a part of this organization and a great pleasure to work with all of you. I want to thank our board and staff for their devotion to our organization. I also want to thank our members for making this a great organization.

Please enjoy this holiday season. I look forward to working with you to make 2020 an amazing year!

Regards,

Rick AndersonShareholder, RMWBH PC

WELCOME NEW MEMBERSAgency Members – Branch Office

Credit Management, LP, Dallas, TX

Fall 2019 Southwest Collector Connector 5

PERFECTLY SEASONEDPAYMENT SOLUTIONS

FEE-FREE PAYMENTS™•RECURRING BILLING •IVRPAY BY TEXT •WEB PAYMENTS •ONLINE PAYMENT GATEWAY

866.303.2558 •[email protected] •MYPAYMENTSAVVY.COM

aca of texasnEW

ASSoCIATEMEMBER

BooTh #10

aca of texasGoLDSponSoR

executive director’s comments

It’s Time! Time to put 2019 “to bed” and Time to prepare for 2020!

As we go into the holiday season, we wish for each of you to close out a successful year in 2019. A lot has happened this year; the CFPB issued its NPRM (finally), the industry and many others have commented, and now we wait some more for the (?) Final Rule sometime in 2020.

Our 2019 Southwest ACA Conference & Expo was a resounding success; a full Exhibit Hall with 30 exhibitors (two new), a great program with panels exploring a wide range of topics of great interest to our members, and the Oklahoma Collectors Association (OCA) officially met in conjunction with the conference. For more highlights on the conference, turn to page 19.

Prior to the conference, representatives from ACA of Texas (ACATX) and OCA met in Ardmore, OK to explore the idea of our two units merging. Out of that meeting came a proposal that both units submit the idea to their membership during the unit business meetings to be held at the conference. Both units unanimously voted for the merger! Immediately, a task force was formed to be the working group to make the merger a reality. Mike Frost (Malone Law) has been retained to assist with the legal steps necessary to create a new, multi-state unit. The goal is to have the new unit up and running early in 2020. As this process moves along, there will be updates to all parties.

Coming up in 2020 are two very important elections. The first one is (in TX) March 3 when the respective Democrat and Republican primaries will be held. The primaries are important as it is the winners from each party that will be on the November 3 General Election ballot. Elections have consequences and, as citizens and business owners and managers and employees, those consequences can have either negative or positive impacts. We urge all of our readers, don’t sit on the sidelines, get involved, and know who the candidates are and where they stand on the issues that are important to you. Then go out and vote! Every vote counts!

Along those same lines, we, through our CollectPAC in Texas and the OCA Legislative Fund have an opportunity to support candidates that are pro-business and who understand the importance of our industry. If you have not contributed, please do so as soon as possible. Funds raised will be used to support candidates who will, in turn, support us.

As we do every quarter, we try to have interesting, informative and educational articles in each issue. I would urge you to check them out for yourself. Rozanne Andersen shares, “Top 10 Elevator Conversations” and Michael Lamm shares some important information on an ARM industry “Q3 Report”. “The Sales and Leadership Corner” has an interesting article from Mark Trezza. And, as a reminder of what was available at the conference, Leslie Bender shares a “Data Security Recap.” And there is more helpful information available in this last issue of 2019!

Got comments, questions or concerns regarding this issue, the articles or other material included? Feel free to send me an email. We welcome “Letters to the Editor” especially regarding a topic you would like to see addressed.

As always, thank you for allowing me the privilege to serve as your Executive Director. If I can assist you in any way, please do not hesitate to give me a call or send me an email.

I look forward to seeing each of you in 2020. Have a Blessed and Merry Christmas and a safe and Happy New Year!

Sincerely,

Tom Morgan,Executive Director

Fall 2019 Southwest Collector Connector 7

aca of texasDIAMonD

SponSoR

aca of texasASSoCIATE

MEMBERBooTh #2

• What makes it so difficult?• Why is it “out of balance” with collection management?• What can be done about it?

We must recognize that the "buyer of yesteryear" no longer exists, and we must adapt. Today's prospect has changed agencies at least once, and is inundated with calls from agencies using feature selling and seller-based sales tactics that stopped working long ago. As a result, most buyers have no desire to speak with agency salespeople just to hear that same old song and dance. The salesperson with the best chance of actually engaging with a buyer is the one who demonstrates a true collaborative approach combined with a higher level of professionalism and knowledge.

Plus a strategically superior marketing plan is necessary to get salespeople in front of more of the people they need to engage. How will this happen? First and foremost, the agency must commit to sales excellence. This starts with sales management.

On a ten point scale, rate your agency's management expertise in the following:

1. Collection operations/Management: _____2. Sales/Sales Management: _____

If there is more than a two-point difference, your agency is out of balance. Often, the higher the score in Operations Management, the lower the score in Sales Management, because it takes so much focus to achieve a high number in collection management.

Collection growth leaders understand and embrace why that approach will continue to fail; giving away revenues to agencies who truly engage their clients, properly train and manage salespeople, and devote the necessary resources to drive success.

Those leaders who recognize the imbalance get the expertise they need to re-position their sales efforts, even if the best option is to bring that expertise in on an interim basis. You can't wing it. An agency who wants to compete in today’s market needs someone with proven expertise to lead the way. There are just too many variables - too many moving parts, and too many subtleties.

Going outside for the expertise you need is often the fastest and ultimately the least expensive way to powerfully strengthen the Four Critical Pillars of Management Balance that will enable

you to protect the agency's financial future:

The Four Pillars

OperationsMarketing Client Service

Sales

The problem: Most agencies expend an exceptional effort to "be all that they can be" operationally (inside their walls) leaving little or no bandwidth to develop real-world exceptional expertise in sales. Business going to competitors will likely (given how reluctant most buyers have become to change agencies) never become available again. While often “invisible,” the cost of those losses is permanent and dangerous. Every agency CEO encounters decisions of where and how to expend energy and resources. We must keep going back to the original question: "Are you happy with sales?" If not; keep doing the same things and hope for a different result - or commit to change, starting from the top. Like putting your running shoes is the most difficult part of a run - making the commitment is the hardest part. Then, doing it right starts getting rewarding.

Time is not on your side. Waiting only increases the odds that your competitor will gain the offensive before you do. Problems don't fix themselves and playing catch-up is even harder. Like a good chess move – the right approach is both offensive and defensive at the same time, putting your competitor at a disadvantage. This is NEVER negative selling or bad-mouthing your competition. That is low class and unprofessional. Excellence makes them look bad comparatively, when in the mind of the buyer, your salesperson exudes a much higher level of professionalism - your salesperson is more knowledgeable, and wants to work together with the buyer to craft real solutions. Your salesperson sells value.

When we wish for just a little more time, more funds, or more clients; we fail to realize that "just a little more" is not enough. While one agency may be planning for just a little more, a competitor is focusing on achieving a lot more. Guess who wins?

If the buyers are not choosing your agency over your competitors, nothing else matters.

The Sales and Leadership CornerSales Management: Challenges, Obstacles, and Solutions

By Marc Trezza

Fall 2019 Southwest Collector Connector 9

USE THE RIGHT TOOLS

LET’S TALK! Phone: 800-884-4397 | Live Support: microbilt.com

Keep your skip tracing &debt recovery efficient & effective

Data Security Recap of 2019By Leslie Bender, Esq.

aca of texasASSoCIATE

MEMBERBooTh #7

Data Security Recap of 2019By Leslie Bender, Esq.

The recent “ask an expert” data security panel at the 2019 Southwest ACA Conference & Expo, including experts from law enforcement, data security (technical and legal), and a key industry technology vendor highlighted the criticality of understanding how non-public information of all sorts is used and disclosed - regardless of whether it is directly covered by state or federal law. Against a backdrop of some regulatory enforcement in the healthcare space, there is no time like the present for organizations of all sizes to consider shoring up any weaknesses or vulnerabilities in their data privacy and security programs.

Five thought provoking issues highlighted by our panel are summarized here.

Data Mapping. Whether to come into compliance with California’s new CCCPA - the California Consumer Protection Act or just to safeguard the non-public information entrusted to your care, there is no time like the present for all organizations to take a moment to map how non-public information comes to be in your organization, where it rests while it is there, and who is permitted to release or disclose it to third parties. While only California, beginning on January 1, 2020, will legislatively require organizations to respond to consumer requests to know what information we’ve got about them and to exercise in some instances a “right to be forgotten,” a dozen other states have taken a wait and see approach and are considering enacting laws of their own. To be prepared, our panel of experts strongly recommends undertaking a data flow or data mapping exercise now. Even in the absence of a law like the CCPA, should a data security incident occur - knowing where data resides in your organization and what you typically do with it may help remediate and mitigate potential harm flowing from such incidents.

Relevant (if not protected) Information. Growing attention is being paid to categories of non-public information that while not expressly protected by state or federal laws (yet - but see new wearables legislation proposed in the wake of Google’s announcement that it has struck a deal to purchase data from Fitbit), is perhaps information we might not realize we are “sharing” when we work on improving our wellness by donning smart watches and other wearables - or when we seek out our long lost family members using genetic testing resources. Concerns have been raised that consumers, potentially including members of our workforces, are clicking through consents and permissions that allow most assuredly non-public information from being shared with a wide range of third parties.

The recommendation here is to keep our eyes out for potential legislation and practically to be mindful of categories of

information that individuals may hope to keep non-public. Time honored fair information principles would expect that we gauge how knowing consumers’ consents are when we ask to scrape their data - even if it is as simple as steps, geolocation information, or other information the consumers are willingly giving up to find a lost loved one or to get back in shape.

Trust but Verify Vendors’ Data Security. Although we may not always know how the technology that makes our lives more efficient may work, the lessons learned from the hacks of the Retrieval Masters’ web based portals make it clear that a failure to ask vendors to test and certify the integrity of the technology we buy from them can lead to dire consequences. Risk rate your vendors based upon both how sensitive the information is you entrust to their care and based upon how significant their failure would be to your overall business reputation and enterprise.

Fishing is Much Better than Phishing. Finally, there is no time like the present to develop and roll out ongoing “baiting” training to assure your employees are prepared for receiving fraudulent emails that can expose your organization and its resources to a malicious attack. Our panel of experts warned that smart hackers can be very patient and can dwell quietly in your resources for hundreds of days monitoring your activities before striking with fraudulent requests or worse, ransomware demands.

Prepare for the Security Incident. Experts agree that the costs and loss associated with data security incidents are minimized by organizations that conduct table top and other preparatory exercises to test their data security handling and remediation policies, procedures and tactics. These “dress rehearsals” can allow an organization to assure that all folks who would be tasked with handling an incident are familiar with their roles and responsibilities and that any gaps in processes are detected and corrected before an incident arises. It is critical for organizations to know exactly what their legal and client requirements are in the instance of a breach as well to assure that data security handling procedures are tailored to meet both client and legal needs and expectations.

In closing, we offer you our very best wishes for the holidays and sincere thanks for allowing us to be your “ask an expert” data privacy and security panel.

Leslie Bender, CIPP/US, IFCCE, CCCO, CCCA is Chief Strategy Officer & General Counsel for BCA Financial Services and can be reached at [email protected]. Leslie is not your attorney and the information provided is not to be considered legal advice. If needed, please consult your own attorney.

Fall 2019 Southwest Collector Connector 11

aca of texasASSoCIATE

MEMBERBooTh #9

It is hard for anyone to get their head around the Consumer Financial Protection Bureau’s proposed new rules for debt collection. The document is an exhausting 537 pages long, filled with cross references, mired in statutory definitions, and extremely challenging to navigate. Honestly, after I finished my first reading of the new rules, I was convinced I would never master their complexity. I am happy to say, after two weeks of study, I was able to distill the proposed rules into 10 elevator conversations.

These five conversations are the first of my two-part blog series.

Elevator Conversation #1: “The Bureau’s proposed rules have been a long time coming.”

It’s a very long process. It all started in 2010, when Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act. This law made the Bureau the first agency with the power to issue substantive rules under the 1977 Fair Debt Collection Practices Act (FDCPA). The Bureau announced its notice of proposed rulemaking for the FDCPA on November 6, 2013. On Tuesday May 7, 2019, almost six years later, the Bureau released the proposed rules for the FDCPA.

The next step in the rulemaking process requires the Bureau to publish these proposed rules in an official Federal government publication called the Federal Register. After they are published in the Federal Register, industry and consumers alike will have a 90-day period to file comments. At that point the Bureau will take the comments under advisement toward eventually promulgating the final rules. As of the date of this writing, we anticipate the proposed rules will be published this week.

Elevator Conversation #2: “I wonder if debt collectors can be sued for noncompliance with the new rules.”

My lawyer told me, once the new rules take effect – most likely a year after the final rules are published in the Federal register – they will have the force and effect of law. Rules are the same thing as regulations.

When a governmental body such as the Bureau goes through this elongated rulemaking process, its final rules will apply to all third-party debt collectors. This means consumer attorneys

Top 10 Elevator Conversations RE: CFPB’sProposed New Rules for Debt Collection – Part 1

By Rozanne Andersen

and their clients will be able to sue third-party debt collectors for failing to follow the new rules. Similarly, the Bureau and state attorneys general will be able to issue civil investigative demands and launch enforcement actions against third-party debt collectors for noncompliance.

Elevator Conversation #3:  “I can live with the call caps because they don’t apply to text messaging.”

Under the new rules, third-party debt collectors will be able to place up to seven calls in seven days to a particular person regarding a particular debt. However, any number of calls placed in excess of that limitation will be considered harassing, oppressive or abusive behavior under the FDCPA and an abusive practice under section 1031 of the Dodd-Frank Act. Such limits do not impact text message communications even though text messages are defined as calls under the Telephone Consumer Protection Act.

Nor may debt collectors place a call to a person within a period of seven consecutive days after having a telephone conversation with the person in connection with the collection of such debt. The date of the telephone conversation is the first day of the seven-consecutive-day period. Third-party debt collectors can exceed these limits if responding to a request for information from the person, or if such person’s prior consent is given directly to the debt collector. See 1006.14(b)(2) – Frequency Limits at page 459.

Elevator Conversation #4:  “It is nice to see some clarity around email and text message communications.”

I know we did not need the Bureau to tell us we could communicate electronically with consumers, but it is nice to see the clarification around compliance with the Electronic Signatures in Global Commerce Act (ESIGN). Personally, I am not wasting any more time fighting ESIGN. At our agency, we already provide the disclosures to our consumers, ask for their consent to deliver legally-required written notices and disclosures to them as required by ESIGN [see sidebar], ask them to show us their non-work email address or non-work mobile number is an active address or number they can access, and then just move on.

Fall 2019 Southwest Collector Connector 13

Go Beyond Integration. Bring Your ARM Ecosystem to Life

www.ontariosystems.com

Let Us Give Youa Hand – or Eight

stems makes youario SSysnly O ctivehis pru thk yy

aca of texasASSoCIATE

MEMBERBooTh #24

Fall 2019 Southwest Collector Connector 15

Editor's Note: This article was originally published on insideARM with permission from the author, who is the CEO and Founder of Be Accessible. The article is republished here with permission. insideARM advances the credit and collections industry through substantive and handcrafted news, education, events, and connection. 

When we used to talk about accessibility, we only thought about physical buildings. But times have changed. Providing online services, such as account access and payment processing, is now a commonplace practice that bridges the gap between businesses and consumers. However, businesses that don’t adhere to the website accessibility guidelines mentioned in the American Disability Act of 1990 are at risk of legal charges of up to $150,000. 

Making your website accessible to all will not only protect your business against possible legal consequences, but it can also improve your online reputation.

Here are the six most important components of an  ADA-compliant website:

1. Inclusive Design 

Accessibility is about making your website available to everyone. To achieve this, you should pay attention to inclusive design. 

Inclusive design means designing for diversity. Remember that your site visitors are varied. Some may be suffering from permanent disabilities, including blindness, hearing impairment, or some chronic disease that restricts their mobility. Meanwhile, other people can be temporarily impaired. For example, a person who just went through a major surgical operation may not be able to move his hands properly until recovered. When designing a website, keep in mind the different kinds of people who will be accessing it so that it can be made accessible to those in unique situations.

2. Video and Audio Files

Video and audio files are common on websites. Through these media, you can easily convey your message and promote your brand. Unfortunately, not everyone can access them with ease. People with visual impairment, for example, will not be able to view videos, photos, or other graphical components of your site. Meanwhile, deaf people might feel discouraged to use your site if you have a lot of audio content. 

The solution is to provide your audience with an alternative

method to access these files if they cannot hear the audio or see videos. You can make the experience better for these people by adding alternate tags to your images, subtitles on your videos, and transcripts for your audio files. 

3. Content

The Web Content Accessibility Guidelines (WCAG) 2.1 list several recommendations to make your site content user-friendly.

The first is to provide text alternatives to non-text content. This way, users can change the content into a format that suits their needs, such as speech, braille, symbols, and even simple language. 

Second, provide alternatives for time-based media. This means publishing pre-recorded media (video and audio files) and using captions.

The third is to enable users to view their content in different forms or layouts without losing information or structure. Many disabled people use mobile devices to access the web. Thus, you have to make sure that your site is mobile-friendly.

Lastly, you should make it easy for users to view or hear your content by separating the foreground from the background. This can be done by making highly contrasting color combinations and adding a ‘pause’ button or disabling auto-play functions on videos.

4. Font

There are hundreds of font styles available today. In terms of accessibility, there are several guidelines to keep in mind when choosing fonts for your website. One is to choose a common font and limit the number of font styles for your website. Among the widely used fonts for accessibility are sans-serifs like Arial, Calibri, and Century Gothic, serif fonts like Times New Roman and Georgia, and slab serifs like Rockwell and Avro. 

As to the size, use at least 20px for your content. Enable resizing by defining font sizes by relative value. 

Another accessibility must-have is ensuring that your text can be zoomed in to 200% without assistive technology or loss of website functionality. 

5. Accessibility Guide

6 Must-Haves of an ADA Compliant WebsiteBy: David Gevorkian

aca of texasASSoCIATE

MEMBERBooTh #29

The ARM market continues to see growth from strong consumer spending and increased debt levels, reaching $13.86 trillion by the end of Q2 2019, continuing into Q3 2019.

According to the Consumer Financial Protection Bureau (CFPB)’s biennial report on the 2017-2018 credit card market released in August, credit cards continue to compose the largest consumer lending market in the U.S. measured by number of users. Credit card debt has sustained constant growth, reaching approximately $900 billion (nominal value) in 2018, which is well above the peak of $792 billion before the recession. This trend continued in recent months, where credit card borrowing increased $10 billion in July after falling by $186 million the month prior. In addition, innovation in risk management and underwriting has allowed credit card issuers to offer credit cheaply to more consumers, even to those who lack a sufficient credit data/score, which benefits the credit card market.

The findings also state that credit card market conditions remain steady thanks to low unemployment, the continuation of modest wage growth, and high consumer confidence – while late payments and delinquency rates have begun to rise slightly, although remaining below pre-recession levels. The report shows that the delinquency level of general-purpose credit cards (cards accepted by all merchants) hovers at a similar level as the pre-recession average of 1.5%. However, for private label cards (cards accepted at only one or related merchants), delinquency rates peaked in 2018 surpassing that of during the recession. It is suspected that private label cards have been increasingly issued to those with lower credit scores, which may have contributed to higher delinquency rate. This trend appears similarly in the charge-off balances for both general-purpose and private label cards, as shown by the modest increase in the last several years.

Approximately 28 percent of consumers with a credit file are stated to have an account on their credit report assigned to third-party collections, and the largest share of third-party ARM revenue still comes from Financial Services debt – large portions of which are comprised of contingency fees and debt sales. For pre-charge-off, it is reported that issuers apply in-house collection strategies that increasingly utilize alternative forms of communication (calls, emails, text/SMS messages, online chat, etc.), as well as continuing to outsource to first-party ARM servicers. For post-charge-off accounts, issuers will place these in various channels, such as internal collection, third-party ARM servicer placement, debt sale, and litigation. In particular, the utilization of litigation strategies is growing significantly for delinquent accounts with higher balances, as the recovery rate is higher over an extended liquidation cycle. This increase in the legal strategies employed by creditors is also reflected by the recent closing of Clarion Capital Partners’ investment in the expansion of Harris & Harris, a leading ARM servicer who offers traditional debt servicing techniques along with identifying and pursuing litigation where deemed appropriate.

The Federal Reserve lowered the benchmark interest rate twice this year in order to stimulate the economy while combating signs of its weakening. During the last quarter, the U.S. GDP grew 2.0% (the slowest in the last two years) due to business investment and net exports weakening from the uncertainty created by the U.S.-China trade war, while consumer spending has expanded at the fastest rate since the end of 2014. Lower interest rates enable lower borrowing costs for consumers, which in return promotes the use of credit and increasing the consumer debt level. The historic low unemployment rate also contributes to the consumer spending boost. Despite the slow but steady economic growth trend, there are growing concerns for the economy to hit a recession and for the unemployment rate to rise. This will cause delinquencies to trend upwards proposing that higher number of accounts will flow to ARM servicers, enabling the industry to grow. Encore Capital Group (NASDAQ: ECPG) shed its Australia and New Zealand unit in August to focus its resources in the U.S. and U.K. markets, especially in the U.S. where returns are high given the credit cycle and the rise in consumer indebtedness and supply. CAS believes that this decision reflects an anticipated recession in the market driving Encore to focus its resources on increasing portfolio purchases in the U.S.

Economic trends tend to be one of the more conventional ways to predict the election outcome. With growing speculations of a recession hitting the U.S. market, this brings along greater uncertainty of which direction the economy might move with different policy campaigns brought on by the presidential candidates. CAS expects that this may impact businesses to reduce their spending and further exacerbate market concerns of the economy weakening. Although consumers keep benefiting from the low interest rates and the U.S. is buoyed by a strong consumer spending and stable labor market, eventually the deterioration in business activities will cost the job market and affect consumers’ ability to pay the cost of their credit. This presents opportunity for the ARM industry, meanwhile the socialistic ideals behind other campaigns (such as forgiving student debt) and strengthening regulatory enforcements through the Consumer Financial Protection Bureau are poised to challenge service providers in the industry.

The California Consumer Privacy Act (CCPA) recently passed a calendar milestone that makes the January 2020 enforcement a reality and reiterates an ongoing focus on protecting consumer data. From next year, this will apply to all companies doing business in California and satisfying one of the following conditions; annual revenue of $25 million and above, collecting data on more than 50,000 consumers, and more than half of the gross revenues are derived from selling consumer personal information. Under the CCPA, any California consumers can request a data disclosure or data deletion as well as prohibiting third-party sharing of the information. In the event of a data breach and violation of the law, individuals can seek statutory

ARM Alert – Q3 2019 ReviewBy Michael Lamm

Fall 2019 Southwest Collector Connector 17

aca of texasASSoCIATE

MEMBERBooTh #25

AMERICAn CoLLECToRS ASSoCIATIon of TExAS

2019 SouThWEST ACA ConfEREnCE & Expo

ConfEREnCE WRAp-up

oCToBER 14 – 16, 2019ShERATon DfW AIRpoRT hoTEL

IRVInG, TExAS

Alpha IT ServicesExhibitor

Applied InnovationAssociate Member

ArbeitExhibitor

CompuMailAssociate Member

Connect International, LLCAssociate Member and Bronze Sponsor

DAKCS SoftwareAssociate Member

DKBinnovativeExhibitor

DMP BPOAssociate Member

EFT NetworkAssociate Member

EnformionBronze Sponsor (Not exhibiting)

Wednesday Break

ezPay365Exhibitor

Focus 1 DataAssociate Member and Gold Sponsor

Tuesday Lunch

Innovis Exhibitor

Lucent PayExhibitor

Matrix Imaging SolutionsExhibitor

MicroBiltAssociate Member

NobelBizExhibitor

Ontario SystemsAssociate Member

OSGNEW Associate Member and Bronze Sponsor

Palinode - Exhibitor

Payment SavvyNEW Associate Member and Gold Sponsor

ACA Seminars – Morning & Afternoon

Peak Revenue LearningNEW Exhibitor

QuantraxNEW Exhibitor

RenkimAssociate Member

RevSpringAssociate Member and Silver Sponsor

Tuesday Breakfast

Solutions by TextExhibitor and Bronze Sponsor

Texting and Technology Sponsor

TCN, IncAssociate Member

TECH LOCKExhibitor

TEC Services GroupExhibitor

Web ReconExhibitor

With Special Thanks to our Lead SponsorBillingTree - Associate Member and Diamond Sponsor and

Sponsor for our Tuesday Evening Extravaganza!

2019 SOUTHWEST ACA CONFERENCE & EXPO SPONSORS AND EXHIBITORS

Please thank them for supporting our conference!

20 Southwest Collector Connector Fall 2019

Conference Sessions & PanelsA very sincere THANKS to all of our presenters, our panel moderators and particularly the panel participants who gave their time and expertise to educate and inform our attendees. You are all highly regarded and we thank you for volunteering, it is much appreciated.

Data Security 1 with Leslie Bender and Debra Ciskey

Communications Panel

TCPA Panel

ACA CFPB Panel, what can we expect?

Tom Stockton Keynote Address

Data Security Panel

ACA President Roger Weiss

Malone Law & Legal Update – winners all!

Operations and Disputes Panel

Payment Processing Panel

Collector Motivation, you got tolove the wigs!

Our Wrap-up Panel – Ask them anything!

Fall 2019 Southwest Collector Connector 21

Conference

What a great crowd!

Of course I have a question!

Great food and lots of it!

Our Registration Staff

22 Southwest Collector Connector Fall 2019

Highlights

Our Happiest Exhibitors!

Fall 2019 Southwest Collector Connector 23

Conference Wrap-UpAnother Successful Tuesday Evening Extravaganza!

What a great turnout! A super networking event! With a crowd large enough that the Green Gator closed down for our private party. There were so many appetizers that some folks were almost full before the main course buffet came out. A great time was had with members, exhibitors, and some of our speakers. The food was excellent and (shameless plug for the Green Gator) if you are in the Las Colinas area, try them out, well worth it!

Conference SummaryThe 2019 Southwest ACA Conference & Expo was a success for these Top Ten (+2) Reasons:

1. Over 120 industry stars were here! Yes, every attendee is a STAR! Thank you for being here.

2. The Exhibit Hall was full with 30 of the leading suppliers of goods and services to our industry.

3. We call our Exhibitors ‘Subject Matter Experts’! And they are so important to our conference.

4. Nationally known and recognized speakers came to share their expertise and wealth of information.

5. Our conference is the best economic/education bargain you can find; top talent at a low, low price point.

6. The program was conceived by a committee of both TX and OK members, folks like you.

7. Our Opening Reception had our most successful Bottle Auction, over $8,000 raised! Thanks to all!

8. Once again we were able to offer two ACA Seminars at the unbelievably low price of $30 each!

9. The seminars were taught by the best; Bender, Ciskey, Barton and Conklin, what’s not to like about that!

10. Networking opportunities were everywhere with breaks, meals and the Green Gator! And hotel bar??

11. Longtime friends and business associates get to reminisce and catchup (see the picture).

12. AND, the Oklahoma Collectors Association officially met with us. Soon TX and OK will be one!

So, what is the take-away? You don’t want to miss 2020. We are just getting started with this Regional Conference idea! Very soon we will be the Southwest Collectors Association and we are looking forward to helping our members grow and prosper

Just a few of our many prize winners!

Thanks BillingTreeDiamond Sponsor

Thanks Focus One DataGold Sponsor

Our “Stay to the End” WinnerMany thanks to our Host theSheraton DFW Airport Hotel

Of course a table for 6 can comfortably hold 9, they are friends!

24 Southwest Collector Connector Fall 2019

This long-term industry experience has provided tremendous value to our clients by offering unique

products that increases consumer response and lowers operational costs. Matrix’s experience and

expertise in ARM laws and regulations keep your agency compliant. Matrix’s proprietary vision system

software ensures each document is being read throughout each step of the production process. This

software eliminates the risk of two documents going in the same envelope and mismatches. Matrix

provides a true turnkey solution from creation, management, and delivery of your documents. Matrix

has a proven track record of delivering your customer communications quickly, accurately, and at a price

that helps you achieve your bottom line objectives.

MATRIX HAS PROUDLY SERVICED the credit and collections industry for over 30 years.

• Proven Track Record – Over 30 years of experience in the ARM industry.

• Quick Turnaround – Documents are in the mail within 24-48 hours upon approval.

• Custom Designed Letters – Letter designs to increase consumer response.

• Multiple Production Facilities – Headquartered in New York with a second facility in Texas allows you to send your mail out more efficiently with faster delivery.

• Document Archiving and Retrieval System (DARS) – Exact PDF replicas of each letter that is mailed.

• Full Color Letters – Add color to your letters to add impact to your messaging and increase response.

Benefits of Partnering with Matrix for your Collection Letter Needs:

Brian Basta | National Accounts Manager | 716-504-9700 x253

New York: 6341 Inducon Drive E. | Sanborn NY 14174 | 800-675-9505

Texas: 37 Rust Lane | Boerne TX 78006 | 830-336-3818

www.matriximaging.com | [email protected]

Unleashing efficiency through unrivaled business solutions

aca of texasASSoCIATE

MEMBERBooTh #28

A Partnership That Delivers

Print and Mail Communications | Multiple ePayment Methods | AP/AR Automation AI Solutions | Integrated Marketing Services | Email Solutions | Data List Management

OSG creates revenue-enhancing critical communications that keep pace with your customers on their unique journeys.

WE GO WHERE YOUR CUSTOMERS ARE GOING.

OSG-ACA-FullPage.indd 1 8/7/2019 9:30:02 AM

aca of texas NEW

ASSoCIATEMEMBERBooTh #16

aca of texasBRonZESponSoR

26 Southwest Collector Connector Fall 2019

Professional Education & Compliance DevelopmentARE YOU INTERESTED IN MAKING YOUR COMPANY PROFICIENT IN DEVELOPING POLICIES, PROCEDURES, AUDITS AND COMMITTEES PURSUANT TO

FEDERAL, STATE AND CLIENT COMPLIANCE REQUIREMENTS FROM NATIONALLY RECOGNIZED SPEAKERS AND SUBJECT MATTER EXPERTS AT A LOW COST?

Providing Educational Opportunities is a Key Component of the Mission of a Trade Association. We are committed to assisting members with training issues, as well as coordinating professional skills development and training programs sponsored by ACA International. It is our goal to ensure that our Annual Conference brings together nationally recognized speakers and subject matter experts to present the most up-to-date information regarding the issues facing our members.

If you would like local area training, we can assist with that as well. We are here to assist our members in accessing the finest training available. We look forward to serving you.

Campus ACA is the umbrella organization for ACA International’s diverse professional and educational certification programs for collectors and agencies. Some upcoming educational opportunities (partial list):

For more information and a complete listing of these educational opportunities,visit www.acainternational.org or contact the Education Department at 800-269-1607.

Please let us know how we can better serve your education and training needs!

WE SAID IT BEFORE, BUT IT BEARS REPEATING!

We want to offer up a great big THANK YOU to the members of our Conference Planning Committee. They worked almost two months to provide information and valuable feedback on the many topics that were considered as we worked to create a 2019 conference program that would address many of the ISSUES facing our members. The Committee was chaired by Jordan Freytag, Austin; and the other members were Marci Sterling, Amarillo; Rick Goforth, San Antonio; Phillip Smith, Tulsa; Lisa True, Coppell; Nelson Wilson, Plano; Mark Thompson, Garland; and Wes Rowden, Dallas. Also advising the committee was Eric Ross, from BillingTree, representing our exhibitor group.

Date Event Location/Type

12/11 Hot Topic: Limited Content Texting Webinar

12/12 Advanced FDCPA Issues Webinar

12/12 Hot Topic: Frontline Collection Skills Webinar

12/17 Effective Performance Management Webinar

12/17 Hot Topic: Recapping 2019 Webinar

12/18-19 Essential Collection Skills & Techniques Webinar

1/7-9/20 Healthcare Collection Management Webinar

1/21-23/20 Trainer Specialist Webinar

3/11-13/20 2020 Spring Forum & Expo Las Vegas

7/15-17/20 2020 Annual ACA Convention & Expo Chicago

11/4-6/20 2020 Fall Forum & Expo Frisco, TX

Fall 2019 Southwest Collector Connector 27

www.appliedinnovationinc.com

[email protected]

“After reviewing solutions for almost two years we chose PayStream and have no regrets. The consumers utilize the product with zero complaints for both one-time payments as well as payment plans. The initial startup and training went very smooth and the support after installation has been outstanding.” Chris Thompson, HP Sears

“Applied Innovation has been great to work with! Their ClientAccessWeb and Pay-Stream payment portal have been very beneficial to our agency! Setup was very

easy and their customer service has been great!”Brian Grimes, Credit Bureau Services of Iowa

“Product supports a strong compliance management system. No material changes to current policies or procedures required to ensure maximum compliance with consumer protection laws.” Ontario Systems Compliance Risk Category Gap & Risk Assessment

“Providing a robust client access portal is one measure that can put your agency on par with the best.

Giving the customer what they want – sometimes even before they know

they want it – a recipe for success for any enterprise.”

Joe Batie, Caine & Weiner

“Applied Innovation has a simple and user friendly product. Consumer access is seamless and secure.

The initial setup was simple and the implementation process was smooth. The ability to make adjustments

or changes on the fly as business needs and compliance issues change is very effective and

appreciated.” Courtney Reynaud, Credit Bureau USA

See what people are saying...

aca of texasASSoCIATE

MEMBERBooTh #3

CollectPAC NEWSWith the arrival of cooler weather, falling leaves and the holidays, it can only mean one thing; the elections are right around the corner! Numerous political strategists are predicting a potential change in political power in Texas, so this election possibly may be pivotal for Texas. And the obvious fear is that a change in political power also brings about an increased risk of the introduction of legislation that is harmful to our industry. As a result, we must form relationships with legislators that are stronger than ever. And the best way to solidify our legislative allies is through contributions to their campaign funds. Therefore, it is critical that we build our PAC fund balance now, to enable us to develop our contribution plan in advance.

At the October 2019 annual meeting of the Southwest Collectors Association we had a successful bottle auction that raised $8,135 for the Texas PAC and $665 for the Oklahoma Legislative Fund. And while this is a good start, this does not allow us to make as many legislative contributions as are needed, and it also does not allow us to make contributions in amounts that gain the attention of the legislators.

The members noted below have already made a generous contribution to our CollectPAC fund. But our fund is virtually out of money, so PLEASE HELP us further our industry efforts by contributing to the PAC today!

2019 - 2020 MEMBER HONOR ROLL

$1,000+ $500+ $250+ $100+ $100+ $50+ Diamond Platinum Gold Silver Silver BronzeMike Ryalls Darlene Mead Keith Barthold Mark Namba John Hartwell Tom MorganTom Stockton Bruce Cummings Beth Conklin Rob Augg Bonnie Finley J.V. Smith Jon Daane Roger Weiss Michele Jeffers Ken Rubin Greg Mason

To reach our goal, we need support from every member! Please mail your personal check or credit card contribution to our Association office at 305 S Broadway, Suite 706, Tyler, Texas 75702. Even though it is not a secure transmission, you may also scan and email your credit card contributions to our association office at: [email protected]. Please remember that PAC contributions cannot be made using a company check or credit card.

Thank you for helping in our efforts to promote and protect our industry!

Greg MasonChair, CollectPAC Trustees

Amer ican Co l l ec to rs Assoc ia t ion o f Texas Po l i t i ca l Ac t ion Commit teeCol l ec tPAC Cont r ibut ion & P ledge Card

Member Contribution Levels

Diamond-$1,000 Platinum-$500 Gold-$250 Silver-$100 Bronze-$50

Add my name to CollectPAC’s Honor Roll!Name: ________________________________________ Agency: __________________________________

Personal Check for $ ___________ enclosed Charge $_________ to my ___ Visa ___ MC ___ Am Ex

Name on card: _________________________________ Card #: ________________________________

Expiration date: _____________ Security Code __________ Authorized signature: ________________________

For more information or to establish a monthly or quarterly payment schedule, contact Tom Morgan at 512-458-8666 or [email protected] State law prohibits corporate checks. Mail your check and

this pledge card to: ACA of Texas CollectPAC, 305 South Broadway, Suite 706, Tyler, TX 75702

#

Fall 2019 Southwest Collector Connector 29

aca of texasASSoCIATE

MEMBERBooTh #5

Continued from page 9

Management Balance: Operations vs. SalesManagement imbalance between operations and sales has been rampant for decades, because the "operations nature" of most agency's focus has created an imbalance that literally blocks the agency's ability to improve sales.

Here are essentially three reasons:

1. Even when unhappy with sales, agencies are often not willing to change what they are doing and buy or build a solution that will implement real change.

2. Agencies generally see money spent on operations as an investment vs. money spent on marketing and sales as a cost, so they are unwilling to pull the trigger even if they have been unhappy with sales for a long time.

3. Agencies keep hoping that doing the same thing over and over will eventually get a different result.

Four questions that can shed light on management balance:

1. How well do your marketing and sales plans fit together with the realities of the marketplace?

2. How well do you manage sales compared to how well you manage collections?

3. How clearly is your value proposition (why you instead of even the most qualified agencies) expressed to prospects?

4. How does the professionalism of your salespeople significantly outshine those of your competition?

If you score each of those areas from zero to a maximum of 25 points, how close to 100 points are you? If I don't get my agency clients to at least 90 points I'm not doing my job. If your score is below 90 points, your imbalance factor is just too high.

If you are happy the way things are and are absolutely positive that no client losses, changes in the economy, increased sales performance by your competitors, or any other outside economic factors could negatively impact your agency's future financial security - then you have nothing to worry about.

But if competitors get on board with this program before you do, and start taking away your market share, or if a significant client gets a new manager who brings in someone else, or a market dries up - then having failed to take the necessary steps to protect yourself, you will eventually feel like you're rearranging deck chairs on the Titanic.

The market is fickle. Healthcare may go to single payor. A

major client becomes part of a consolidation and now you are out. Or a competitor may get out ahead of you and close deals that could have been yours. Given the reluctance of today's creditors to change agencies, those deals may never become available again. Without an effective, highly professional marketing and sales program, there is no real capability to offset any of those losses. Playing catch-up is more difficult and sometimes too late. Your only real protection is to get there ahead of your competitors.

Agencies that recognize sales is their future will make the necessary commitment to be the best – and will dominate their markets, while the rest struggle with sales. An ineffective sales program doesn’t just fail to compete – it bleeds cash.

Not protecting your agency by failing to invest in more professional sales because you don’t want to spend the money, costs you far more than you save. Not investing in sales to save money is like stopping a clock in order to save time.

Protecting your agency’s future requires:

þþ Professional collection sales management, training, and coaching.

þþ Professional sales’ training that teaches true collaborative "Insight Selling."

þþ Investing in WOW marketing materials that will distinguish you from your competitors

þþ Building both a marketing plan and sales plan based on real world marketplace realities.

As I tell all of my agency clients, sales should be your first line on profit. That requires a high level of training and negotiation expertise. The plan must include a re-design of the entire sales process; from how salespeople are managed, to how they sell.

Since all quality agencies provide essentially the same services, with similar tools, and the same resources while following the same rules and regulations - we must finally, once and for all, put a stake in the heart of feature based, seller-based selling. It no longer works.

That means selling who you are, not what you do. Sell what you do and all you can compete on is fee. Sell who you are and a whole world of possibilities opens up. But just telling it and selling it are two different things, and none of this will happen without proper sales training and guidance.

Marc Trezza is the President of Search Net Corporation and can be contacted at 518-263-3500 or through his website, www.search-netcorp.com/agency.

Fall 2019 Southwest Collector Connector 31

The new rules just give us more options and make this ESIGN process easier. Under the new rules, as proposed, we will have a bona fide error defense against unauthorized third-party disclosure of the debt if we have procedures that confirm we communicate with the consumer using:

1. An email address or mobile number the consumer recently used to contact us other than to opt out;

2. A non-work email address or non-work mobile phone number either our agency or the creditor for the particular debt told them we would use to communicate with them about the debt. Note: such notice must be provided clearly and conspicuously either verbally or in writing and must be provided at least 30 or fewer days before using. The opt out specified in the notice has not expired [other restrictions apply]; or

3. A non-work email address or non-work mobile phone number either the creditor or a prior debt collector obtained from the consumer to communicate about the debt and used before the debt was placed with our agency. See 1006.6(d)(3) at pages 455-456 – Reasonable procedures for email and text message communications.

Elevator Conversation #5: “We have already cut our postage and letter expense in half by adopting a voluntary email or text message program for our consumers.”

No need to wait for these new rules to take effect. We have two categories of letter communications. The first is called Ordinary Collection Actions and the second is Legally Required Collection Actions. The former is composed of requests for payment, payment reminders, receipts, settlement documents, and standard collection notices requesting payment. The latter is composed of the G notice or validation notice which we must provide in the first communication with the consumer or within five days of our first communication with the consumer, the intent to deposit notice, the name of the original creditor notice and the verification information we send if the consumer disputes the debt within 30 days of receiving the notice.

We simply follow the reasonable procedures steps for electronic communications when sending information relating to Ordinary Collection Actions [see above] and follow ESIGN

when we engage in Legally Required Collection Actions by sending information which the law requires us to provide in writing.

Send your questions about the new proposed rules to me at [email protected], Angela Erwin at [email protected], or Sara Woggerman at [email protected].

Disclaimer: Ontario Systems is a technology company and provides this blog article solely for general informational and marketing purposes. You should not rely on the content of this material for any other purpose or as specific guidance for your company. Ontario Systems’ advice, services, tools and products described herein do not guarantee compliance with any law or industry standard. You are ultimately responsible for your own company’s actions and compliance efforts. Because everyone’s situation is different, you must consult your own attorneys, accountants, and/or other advisors to obtain specific advice on your company’s compliance, legal, tax, regulatory and/or other business needs. Despite Ontario Systems’ efforts to provide current and up-to-date information, you need to recognize that the information contained herein may become outdated quickly and may contain errors and/or other inaccuracies.

© 2019 Ontario Systems, LLC. All rights reserved. Information contained in this document is subject to change. Reproduction of this publication is not permitted without the express permission of Ontario Systems, LLC.

Rozanne Andersen, J.D., serves as Ontario Systems’ Vice President and Chief Compliance Officer. She is responsible for leading Ontario Systems’ corporate efforts and response to the CFPB’s launch of compliance examinations in the ARM industry. Rozanne is a recognized thought leader in the area of compliance. Her advocacy work on behalf of the credit and collection industry has resulted in landmark legislation and regulation at both the state level and at the federal level with regard to the FDCPA, FCRA and HIPAA  

Continued from page 13

32 Southwest Collector Connector Fall 2019

aca of texasASSoCIATE

MEMBER

Fall 2019 Southwest Collector Connector 33

Continued from page 15

CONGRATULATIONS! Our newest Professional Collection Specialist (PCS)

Tracy york, ProcollecT, Inc., Dallas

We salute our newest Credit and Collection Compliance Officer (CCCO)BrIDgeT TheDe, Malone FrosT MarTIn, Pllc, Dallas

34 Southwest Collector Connector Fall 2019

Once you’ve made the major components of your site accessible, create a separate page outlining how people with disabilities can use or navigate your site with ease. Your accessibility guide should include links or tools that can help them access the information they need.  Include some techniques such as text-to-speech option, voice recognition, browser settings, and many more.

6. Layout

An accessible layout is important for  accessible websites. Your site should be designed in such a way that people with disabilities can easily and confidently locate and identify the

information they need on their own.  This includes adding navigation menus, links, clear headings for content, orientation cues, and sections. You should also add labels and short instructions on fields.

Additionally, provide more than one method of website navigation such as a site search or a site map.

Conclusion

Creating an ADA-compliant website isn’t too difficult. If you pay attention to the six elements mentioned in this article, your website will be well on its way to being  accessible to everyone, especially to people with disabilities.

The American Collectors Association’s Annual Unit Business Meeting at the Sheraton DFW Airport Hotel in Irving was called to order on October 15th at 5:15 pm by President Rick Anderson. The roll call of members present met the quorum requirement to hold the meeting. Executive Director Tom Morgan certified that the meeting was appropriately publicized to the membership via the Collector Connector and through a series of email communications.

The minutes of the May 2018 Unit Meeting in Richardson were reviewed and approved by the membership.

Reports to the membership included the following:

A. President’s Report – President Anderson commented on the proposed merger and the background leading up to this initiative. Also that the merger was benefi-cial to both the OK unit and ACA of Texas.

B. Treasurer’s Report – Lisa True briefly reviewed the YTD Profit & Loss statement as of 9/30/19 and the membership approved the report via a voice vote.

Annual Unit Business Meeting Summary

C. Legislative Committee – Paul Nagy reported on the 2019 legislative session and the challenges ahead with the upcoming 2020 election and the ensuing legisla-tive session in 2021.

There being no Old Business to consider, President Anderson opened discussion on the proposed merger. Following that dis-cussion a motion was made and seconded that ACA of Texas move forward on the merger. The membership vote in favor was unanimous.

Next, a motion was made and seconded that, in anticipation that the merger would occur quite soon, there would be no election at this time and all ACA of Texas Officers, Directors, and Committee members would remain in their respective of-fices until the new entity is officially formed. At that time an election will be called in order to elect officers, directors and committee members for the new entity.

There being no other business to conduct, the meeting was ad-journed at 5:45 pm.

damages from $100 up to $750 per incident while enforcement by the Attorney General will enact Civil penalties of up to $7,500 per violation. This further validates that the handling of the data privacy and data security is becoming enormously important in the ARM industry as highlighted in our Q2 CAS Insights.

There are two more healthcare providers reported to be involved in the data breach at American Medical Collection Agency (AMCA), totaling almost 24 companies and more than 24 million records involved in the breach of personal and financial data. AMCA has already filed for bankruptcy due to the costs of dealing with the breach. ARM service providers will be required to show evidence of preventing any further data breaches by adding data security, while also assessing measures to avoid any potential violation of CCPA – such as infringements regarding collecting and storing personal data, information from wrong-party contacts and third parties, credit reporting, information transfers between vendors and during the debt portfolio sales. The application of existing laws, such as the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and Gramm-Leach-Bliley Act, along with CCPA pose great challenges for ARM servicers in complying with privacy protection rights.

Call blocking technology remains a challenge this Q3 for the ARM industry as instances of legitimate calls being blocked continues to rise and agencies are unable to reach

their consumers, dropping the right-party contact rates. With the recent rollout of Apple’s iOS 13, phone users can opt to silence all calls from unknown numbers, however, the level of filtering can be considered too harsh and often blocks calls even from legitimate numbers. As new legal measures are being announced and implemented to strictly enforce and stop the scam robocalls, consumers are also at risk from missing out on legitimate call attempts, such as calls from charity organizations or valid call notification systems. In much of the same way, CAS is concerned about the potential impacts on legitimate debt collecting calls being blocked erroneously.

The ARM industry is not exempt from seeking ways to incorporate new technologies into operations in order to improve operating efficiency and cut costs. MRS BPO LLC recently introduced a fully functional and conversational IVR, Adam, which utilizes AI to learn and expand the customer engagement capability of the system. It is expected that Adam will bring down average waiting times of 1.5 minutes per call to zero, increase 90% of call capacity, and generate 20% greater revenue per call. Earlier this year, another ARM provider ERC also introduced EVA which is a new virtual agent that has the power of machine learning and advanced AI, cementing AIs increasing presence in the ARM industry.

Michael Lamm is Managing Partner at Corporate Advisory Solutions (www.corpadvisorysolutions.com), a boutique merchant bank with offices in Philadelphia and Washington, DC. He can be reached at [email protected] or 202-904-7192.

Continued from page 17

46 Southwest Collector Connector Fall 2010

FTC Proposes New Policy Statement on Collecting Deceased Debt

On October 5, 2010 the FTC announced that it is clarifyin its position on the collection of deceased debt through a proposed policy statement.

The FTC said its proposal clarifies that it will not take enforcement action against debt collectors who communicate with a decedent’s spouse or executor, administrator and persons authorized to handle a deceased person’s estate. But the agency said the proposed policy guidelines make clear that misleading consumers about their personal obligation in paying a deceased person’s debt is a violation of FDCPA.

The FTC’s proposal also provides specific guidance on how collectors must communicate with authorized estate payers.

The proposed policy statement will be published in the Federal Register and the public has until November 8, 2010 to comment.

“Celebrity” FDCPA Litigant Slapped by Texas Judge

A Federal Magistrate Judge in Texas said this week that a plaintiff suing a collection agency for FDCPA violations filed the case in bad faith and that not only should his case be dismissed, but he should be found liable for the attorney’s fees accrued by the debt collection agency over the course of its defense.

The judge wrote that Craig Cunningham’s case against The CMI Group, Carrollton, had “no genuine issues of material fact” and should be dismissed. Cunningham sued CMI in August 2009 alleging that in the course of attenpting to collect a debt originating with Time Warner, the ARM firm had violated the FDCPA, the TCPA, the Texas Debt Collection Act and the Texas Deceptive Trade Practices Act.

“We’re obviously very pleased with the way the case has gone so far,” said Tom Stockton, Chairman and CEO of CMI.

“I hope this case further exposes the cottage industry of suing debt collection firms for profit,” said Mike Ginsberg, President and CEO of ARM advisory firm Kaulkin Ginsberg.

NEWS YOU SHOULD KNOW

3414 East 5th Street | Austin, TX 78702 | 512.389.1747 | Fax: 512.389.1753email: [email protected]

Fall 2019 Southwest Collector Connector 35

• Trained and experienced collectors can be calling for YOU• Quality Assurance agents available to support your

compliance program

Your competitors are saving money – why not you?

Contact us for a quoteconnect-bpo.com800/571-4195

Let us show you how nearshore agents can drive down your costs

aca of texasASSoCIATE

MEMBERBooTh #8

aca of texasBRonZESponSoR

• Trained and experienced collectors can be calling for YOU• Quality Assurance agents available to support your

compliance program

Your competitors are saving money – why not you?

Contact us for a quoteconnect-bpo.com800/571-4195

Let us show you how nearshore agents can drive down your costs

Due to the delayed arrival of President Anderson, the meet-ing was called to order by President Elect Jordan Freytag. All Board members were present except for Whigham, Hearn, and Ridgeway. Also in attendance was Tom Morgan, Executive Director.

The minutes for the March 5, 2019 meeting were reviewed by the board and approved. The board also reviewed and approved summaries of two other meetings; the first was in Ardmore Oklahoma when two board members (Ryalls and True) met with several OCA members regarding a possible merger. The second meeting was a conference call where the board members approved putting the question of a merger to a vote by the membership at the Annual Unit Business Meeting in October.

Due to the delay in arrival of President Anderson, his report was orally presented later in the meeting. Committee reports presented were Membership, Education, Finance, Ethics & Grievance, CollectPAC, National Delegates, Legislative, and the Educational Foundation.

The Executive Director reported on the following items:

Types of Collectors (from the Editor’s archives)

COLLECTOR ATLANTA ∙ JAN. 22, 2020

Bulldog – Works $25 accounts to deathScrounger – Looks for accounts that are paying that are not with another collectorSensitive – Works accounts from the sympathy/mother angleFlat – Works accounts straight off the script and their voice never changesAggressive – Goes for BIF every time and generates complaintsPersonal – Takes every call personally, gets feelings hurtGabby – Likes to chat as if the debtor is an old friendWimp – Gets pushed around (this type does not last long)

How many of these do you have? How do you handle them? Did I miss one?

ACA of Texas Board of Directors Meeting SummaryOctober 13, 2019

*The 2019 conference had 30 exhibitors with two new exhibitors; Peak Revenue Learning and Quantrax. Attendee registrations, how-ever, were running lower than expected.

*Associate Member renewals are scheduled to be sent out in December and one new Associate Member joined at the conference, Payment Savvy.

There was no Old Business to discuss as the New Business fo-cused on the proposed merger between ACA of Texas and the Oklahoma Collectors Association. The board voted to approve moving forward with the vote regarding the merger and also approved that if the merger was approved by the membership, all officers, directors and committee members for ACA of Texas would remain in place until the new entity is formed and at that time there would be an election for all positions within the new organization.

There being no further business to discuss, the meeting was adjourned on the motion of the presiding officer, President Anderson.

Fall 2019 Southwest Collector Connector 37

Index to AdvertisersApplied Innovation ......................28ArtJam Productions, Inc ..............35Billing Tree ....................................8CompuMail ..................................18Connect International ..................36DAKCS ..........................................4DMP ............................................30EFT Network .................................16Focus 1 Data ................................39Matrix Printing Solutions ..............25MicroBilt .......................................10Ontario Systems ...........................14OSG .............................................26Pathfinder ....................................33Payment Savvy ..............................6Renkim .........................................12RevSpring ......................................2TCN, INC. .....................................40

Help us keep our membership records current

so that you receive the most up-to-date

information possible. This will become especially

important during the upcoming year. Contact

[email protected] or call 512-

458-8666 with updated mailing and e-mail

addresses and phone numbers. Also, be sure

to send us your website address for posting to

www.acaoftexas.org.

We Need Your

HELP

The ACA of Texas’ Southwest Collector Connector will post member announcements for anniversaries, birthdays, graduations, weddings or other significant events that occur in the lives of our members. Since this is a quarterly publication, the announcements can be in the recent past or in the future.

Please send all announcements to [email protected] and, if possible, they will be published in the next issue to be published. Include your name and a contact phone number.

Membership EventPostings Letters to the Editor

Letters [or emails] to the Editor are welcome but must be signed, please include full name and address. Not all letters can be published.

Letters that are published may be edited for space, brevity, clarity and other editorial considerations.

We look forward to your constructive criticism; let us know if there is anything in particular you would like to see us address. We appreciate the

opportunity to hear from our readers.

Unfortunately, there are no letters this quarter.

38 Southwest Collector Connector Fall 2019

aca of texasASSoCIATE

MEMBERBooTh #1

aca of texasGoLDSponSoR

“User-friendly and quick to deploy. A host of tools makes reaching our customers a snap.”

www.tcn.com | sales�tcn.com | 866.745.1900

Take Control ofYour Contact Center

Speech IVR with Payment Processing

Omni-channel for Agents – Voice, SMS, Chat and Email

Compliance Suite / TCPA Dialer Manually Approved Calling

Reporting and Business Intelligence

Speech Analytics

aca of texasASSoCIATE

MEMBERBooTh #6