collector connector

southwestPRESORTED STANDARD

US POSTAGE

PAID PERMIT #372AUSTIN, TX

Th

e O

ffic

ial

Qu

arte

rly

Pu

bli

cati

on

of

the

Am

eri

ca

n C

oll

ec

tors

Ass

oc

iati

on

of

Te

xa

s •

Vo

l. 2

7 N

o.

4 •

Fal

l 20

14

Collector Connector

INSIDE:

• ACA 67th Annual Conference Registration Information

• Lame Proofs of Claim

• 6 Things Debt Collectors Wish You Knew

• Golf Event Announcement

RevSpring’s emerge is an all-encompassing technology platform built for the changing demands of consumers and your customer service team. RevSpring’s emerge is designed for multi-channel communication and payment options, built for improved performance and optimized for a satisfying consumer experience online from any mobile or tablet device.

introducing

Enable your organization to harness the power ofemail, text, IVR, mobile payments, mailed documents and online negotiation all from a single provider.

Learn more about how the emerge platform can benefit your organization:[email protected] • www.revspringinc.com • 248.567.7300

Looking for a mobile payments platform?

ACA OF TEXAS

ASSOCIATEMEMBER

ACA OF TEXASBRONZESPONSORBooth #5

RevSpring’s emerge is an all-encompassing technology platform built for the changing demands of consumers and your customer service team. RevSpring’s emerge is designed for multi-channel communication and payment options, built for improved performance and optimized for a satisfying consumer experience online from any mobile or tablet device.

introducing

Enable your organization to harness the power ofemail, text, IVR, mobile payments, mailed documents and online negotiation all from a single provider.

Learn more about how the emerge platform can benefit your organization:[email protected] • www.revspringinc.com • 248.567.7300

Looking for a mobile payments platform?

From Paul’s Desk: Sales Tips .....................................................................9 Paul Morrow

Lame Proofs of Claim ..............................................................................11 John Bedard, Jr., Esq.

6 Things Debt Collectors Wish You Knew ...............................................13 Nick Jarman

Educational Foundation “Golf Event” Announcement .............................15 Collector’s Corner: Rock the Crowd .........................................................17 Daron Ratcliff

Four Strategies for Addressing Health Insurance .......................................19 Teri Mullaney

ACA of Texas 67th Annual Conference Registration Information .....21-27

features

table of contents

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

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

Legislative Update .......................................................................................15

CollectPAC ..................................................................................................35

Professional Education and Development ..................................................37

Index to Advertisers .....................................................................................42

departments

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

Cover Photo: The Fall season can be wet, dreary and cold; but Fall also brings some great color, football, hunting season, and Thanksgiving with family and friends. We trust that you will be able to enjoy all that this season brings as it ushers in the end of this year. May you have a fantastic year end!

ACA of Texas Members, Stop Growing Your Auditor’s Business!

Grow Your Own!

For a limited time, all TECH LOCK® Certified Audits include a scope limited Information Technology Assessment (ITA). TECH LOCK Auditors are all Collection System Professionals, allow us to share our IT cost savings and productivity knowledge with you. Contact us to get started and add to these success stories:

• $900,000 operational expense saving for 2014 – West Monroe, LA

• 33% telephony expense reductions in one year – Large Debt Buyer

• 200 plus employee collection agency in Des Plaines, IL runs with ZERO IT staff and 99.99% uptime

• 17% revenue uplift through effective use of Dialer and IVR

• Reg-E compliant solution leveraging IVR

Do you know, TECH LOCK and the ACA of Texas Education Fund are partnering to Secure Education?

TECH LOCK® Certified Achievement means being in the top 5% of agencies in the accounts receivable industry. TECH LOCK’s staff have reviewed over 800 companies and have observed a 95% failure rate regarding federal & state data security or consumer information protection laws. TECH LOCK® Certified is true data security compliance performed by qualified assessors with ARM Industry focus

A holistic audit to show compliance with all applicable federal & state laws, in addition to industry standards. Compliance with GLBA Safeguards Rule, Red Flags Rule, Massachusetts 201 CMR 17.00, Nevada NRS 603a, PCI DSS Level 1 Service Provider, ISO 27002, HIPAA and more.

What is TECH LOCK® Certified?

NEW!ACA OF TEXAS

ASSOCIATEMEMBERBooth #6

Fall 2014 Southwest Collector Connector 5

Due to the sudden and unexpected resignation of Mike Ryalls as President, there is no “President’s Letter” for this issue.

Below is the text of the resignation letter sent to our Executive Director. Please join with the Officers and Directors in extending your thanks to Mike for his years of service to the association and in wishing him all success in the future.

from the president

PRESIDENTMike RyallsPresidentRGS Financial, Inc.1700 Jay Ell Drive, Suite 200Richardson, TX [email protected]

PRESIDENT-ELECTJeff HurtPresidentSouthwest Credit Services4120 International Parkway, Suite 1100Carrollton, TX [email protected]

VICE PRESIDENTRon NunleyPresidentCertified Recovery Systems, Inc.6161 Savoy Drive, Suite 600Houston, TX [email protected]

TREASURERAndrew Marancik, Esq.CCO & General CounselLTD Financial Services, LP7322 Southwest Freeway, Suite 1600Houston, TX [email protected]

PAST PRESIDENT Greg MasonPresidentService Bureau, Inc.2705 81st StreetLubbock, TX [email protected]

NATIONAL DELEGATESJulie Goforth, San Antonio (2013-2016)Tom Stockton, Carrollton (2013-2016)Vic C. York-Houston (2011-2014)Stephanie Rifenberg, Amarillo (2011-2014)

STATE DIRECTORSCarrie Finney-Carrollton (2013-2016)Steve Whigham, Round Rock (2013-2016)Ken Bone, Carrollton (2011-2014)Rick V. Anderson, Houston (2011-2014)Daron Ratcliff, Carrollton (2012-2015)Katie Zugsay, Carrollton (2012-2015)

EXECUTIVE DIRECTOR Thomas G. Morgan18604 Interstate 20 WestLindale, TX [email protected]

TRANSITION

ACA President’s Letter

Transition

Due to the sudden and unexpected resignation of Mike Ryalls as President, there is no “President’s Letter” for this issue.

Below is the text of the resignation letter sent to our Executive Director. Please join with the Officers and Directors in extending your thanks to Mike for his years of service to the association and in wishing him all success in the future.

October 23, 2014

Tom Morgan

Director of ACA of Texas

Via Email

Dear Tom,

After much reflection, I have decided to resign as the President of the association.

This decision was not taken lightly and I continue to have mixed feelings regarding the needs of the industry and association versus the business and personal commitments that are taking precedent.

I am sensitive to the sudden nature of this transition and would offer my services in any way necessary to insure a smooth transfer of duties.

All the best,

Michael Ryalls, President

The campaigns are generating so much inbound call volume that I’m moving resources around to prevent busy signals. Thank you for all of your hard work in ensuring success.

Eric H.

We are so glad we chose Focus One,a true partnership.

Jimmy R.

What Our Clients Are Saying:

Our StatementsSTAND OUT!

Our Designs MAKE THE DIFFERENCE.

www.Focus1data.com

A Division of

• Custom Designed Forms• eStatements• Reporting• Mailing/Printing• Print• IT Solutions• All In-House• Statements• Finance• Utilities• Mortgage• Credit Union• Collection• More

NEW!ACA OF TEXAS

ASSOCIATEMEMBER

ACA OF TEXASSILVERSPONSORBooth #28


executive director’s comments

My last column was headlined, “Your Association Needs You!” and, at the time, I did not have any idea as to how true that would become. Hopefully, you read the magazine from front to back (I will confess that I am not normal and will often start at the back), and you should have already seen that Mike Ryalls has resigned as our president. (If you have not seen that information, please go to page 5.) We wish Mike all success in the future as he focuses strictly on his business and his family commitments. He will be missed but not forgotten (and I predict he will be back).

As a trade association representing third-party debt collection agencies along with our many attorney firm members, we are essentially a “mutual aid society”. That is, we join together to provide each other with assistance, information, and support (particularly in the legislative and regulatory arena). To do so, requires individuals to “sign up” and “commit” their time, talents and even, occasionally, some resources to serve the association. When individuals take it upon themselves to do that there is a great benefit to the entire organization (the individuals who do so will tell you that they too benefit, more than they ever thought).

We are what we are and where we are as a trade association largely due to the many volunteers who have served in the past, those who are serving now and those who will serve in the future. So, that is what I meant when I used the headline, “Your Association Needs You!” We really do, and it becomes really noticeable when we experience “transition” and lose a valued leader/volunteer like Mike.

That said, please, as a member of this association, consider how you can share your time, talents and even resources to continue to make ACA of Texas an outstanding trade association that its members can be proud to belong to (now, if you will excuse me, I will get off my soapbox [editorial privilege]).

Lest I forget, we have some great holiday time coming up. We are all very busy but over this coming holiday season be sure to take some time to relax, smell the roses, count your blessings, share some special time with family and friends and really connect with those you love and who love you. Time is short, spend it wisely.

Finally, it is true, our 67th Annual Conference is Coming! Mark your calendars for February 16-18, 2015 when we will meet in Austin at the Crowne Plaza Hotel. The Program Committee has put together a tremendous program with nationally recognized speakers addressing a wide range of very important topics (see page 24 for more detail).

Speaking of important, John Bedard and Debra Ciskey will be team-teaching ACA’s Advanced Compliance course, “Understand and Respond to the CFPB’s Expectations.” This 8-hour seminar will begin on Monday and conclude on Tuesday. This is a must if you are or want to be certified as a Credit & Collection Compliance Officer (CCCO). Space is limited so register early.

Did I say early? New this year, we will be offering “Early Bird Pricing”. Register early for both the conference and the compliance seminar and save approximately 20%. Early bird pricing is good only until January 10, 2015. See the registration form on page 26.

An invitation has been extended to Ken Paxton to be our Keynote Speaker on that Monday (2/16). If all goes as expected, Ken Paxton will be the new Texas Attorney General in January. I, for one, look forward to what he will have to say.

We fully expect that our Exhibit Hall will be sold out (30 exhibitors, some new). Our Opening Reception will be a great networking time along with time to share with our exhibitors. We will also have our always entertaining Bottle Auction with Ron Brown as our auctioneer.

Transitions, Holidays and our Annual Conference is Coming!

Continued on page 38

Timely Compliance Information, Guidance, Training, Assessment & Monitoring

Compliance Suite from BillingTree combines the critical resources that collection agencies and law firms need to implement best practices, enhance policies/procedures and proactively minimize their overall compliance risk—including up-to-date online compliance knowledge, training, assessment, auditing and monitoring.

BillingTree Compliance Suite Clarify, Simplify & Automate Your Compliance Process

▪ Compliance Central™ – Payment Compliance Knowledge Portal

▪ Compliance Coach™ – Automated Training and Assessment

▪ Complaint Tracking – Complaint Resolution Management

Clarify, Simplify & Automate Your Compliance Process ▪ Compliance Central™ – Payment Compliance Knowledge Portal

▪ Compliance Coach™ – Automated Training and Assessment

▪ Complaint Tracking – Complaint Resolution Management

Compliance Suite Solution Overview

Collections agencies are facing mounting pressure to prove to auditors, clients and consumers that they maintain compliance with all key regulations and are able to efficiently respond to audits and complaints. In response, BillingTree has created a comprehensive, online suite of offerings that clarifies, simplifies and automates payment compliance practices and policies.

BillingTree’s Compliance Suite includes:

▪ Compliance Central™. Your 24/7 online resource for timely payment compliance news, information, analysis, tools and templates

▪ Compliance Coach™. Your on-demand, self-paced compliance training, assessment and reporting tool.

▪ Complaint Tracking. Your automated complaint resolution management solution

“Everything [BillingTree does] is very much compliant

so by using them, their compliance is essentially

overlaid on top of ours.”

– BillingTree Client

Access Your Compliance Resources

Gap Analysis

Corrective Action &

Resolution

Complaint

Compliance Assessment

Training/ Reassessment

Reduce Complaints

ImproveCompliance

COMPLAINT TRACKING

COMPLIANCE COACH

COMPLIANCE CENTRAL

BillingTree

877-4-BILLTREE

[email protected]

Get Started Today!

Request a demonstration or purchase online athttp://mybillingtree.com/compliance-suite/

ACA OF TEXAS

ASSOCIATEMEMBER

ACA OF TEXASPLATINUM

SPONSORBooth #1


How many times should you contact the same prospect before saying “enough is enough”? To answer this question, we first need to outline how to reach out to a prospect. Most sales reps do not use email properly. It is common to leave a voice mail and at some future time send a follow-up email. But there is nothing wrong with leaving a voice mail and immediately sending an email with “voice mail” in the subject line. This subject and a good message will grab the recipient’s attention. This tactic should increase the number of responses dramatically. Many prospects will find it more convenient to answer you through email than dialing the phone. The number of times you should follow up with a prospect will depend on several factors, such as the title of your target, the source of the lead, and the potential size of the opportunity. A potentially large client warrants many more contact attempts than a small revenue generator. You have to determine the value to your particular agency. If a senior-level manager at a potential client requests information or is someone I have met at a conference, that person will get more attention than someone who is not in a position to make the decision about my service. Someone who has previously expressed an interest in your services should receive more follow-up attempts. Of course, some prospects have said they are interested when maybe they are not, or perhaps they just are too busy to give you the time necessary for you to visit them. You should indicate that you understand they are very busy but would appreciate two minutes of their time on the phone to clarify what the next step could be to advance the sale. If you suggest the next move, then you are driving the sale and not waiting for the prospect to decide for you.

All prospects you are trying to contact, no matter what level, should be added to your database for future email campaigns so that you can keep your name in front of them periodically. These email campaigns are a type of tactic that needs to be prepared carefully—a larger topic that I will cover in the future. If you are not getting satisfactory responses to the voice mails you are leaving, it very well could be due to the message contained in the voice mail. The value statement you are using is probably off, and no matter how many times you call, the response will be “not interested.” One of my previous articles dealt specifically with leaving the correct message that would make you interesting to your prospects and thus make them want to talk further with you. Every successful sales rep sets an objective for all calls, whether those calls are on the phone or in person. Your message should focus on your prospect and not on your company so it will be of value for the prospect to continue talking with you or to call you back. You might mention how you were able to help a client similar to your prospect so your message relates directly to them. Remember, you have to set yourself up to be different from all of your competitors. Since your selling time is valuable, you should guard it closely and utilize it to the best of your ability. This means gauging how much time should be spent on each prospect. If you follow the above criteria and have the right message in both your voice mail and email, you should entice more people to return your calls and emails.

This article is by Paul Morrow, sales consultant to the collection industry. If you would like to discuss any subject with Paul, please contact him at 215-643-4282 or [email protected].

From Paul’s DeskKNOWING WHEN ENOUGH IS ENOUGH

By Paul Morrow

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.

Providing innovative communications and collaboration solutions since 1992.

• Manage Compliance Safeguards

• Industry’s Leading Predictive Dialer

• Real-time Speech Analytics

• Highly-scalable and reliable (99.9995%)

• Integration with CRM

• Integrated Call and Screen Recording

Innovative Solutions that MaximizeRevenue & Minimize Compliance Risk Optimize Business Processes

800.308.6423 • [email protected] • www.avds.com

ACA OF TEXASASSOCIATEMEMBERBooth #7


Fundamental to American law is the notion that the passage of time erodes certainty and reliability. Memories fade over time, making eye-witness testimony less reliable. Physical evidence becomes more vulnerable to alteration, deterioration, loss, or destruction. Critical evidence is forever lost with the disappearance or death of key witnesses. The passage of time increases the risk that the truth will become obscured by the retelling of a story with stale or incomplete evidence. Defendants are especially vulnerable to the unfairness inherent in a legal trial based on defective evidence. Laws designed to prevent this type of unfairness are called statutes of limitation. These ideas are not novel; statutes of limitation date back to the Romans and Greeks. Statutes of limitation establish the period of time after which societies will not hold its citizens liable under the law, civil or criminal. The time periods vary by state and federal law and by claim. Lawmakers make these rules by balancing two important rights: the right of defendants to be free from stale claims and the right of plaintiffs to prosecute them. Debt collectors are particularly familiar with the statute of limitations for a claim under the Fair Debt Collection Practices Act, which is 1 year.

Another concept fundamental to our American legal system is the idea that debtors should have the opportunity for a “fresh financial start” by allowing them to reduce or eliminate most of their debts and, in exchange, to fairly distribute their assets to creditors. In order to be eligible to participate in the distribution of a debtor’s assets, a creditor must file a document called a “proof of claim.” This document is the formal mechanism for notifying the bankruptcy court, the debtor, the trustee, and all other interested parties that a creditor wishes to assert its right to receive a distribution of the debtor’s assets from the bankruptcy estate. The law provides ample mechanisms to allow debtors (or the trustee) to challenge claims made by creditors; however, claims by creditors are presumed to be valid and allowed as a matter of course absent a challenge. This presumption of validity begs an important question: Is it possible for a creditor to behave unfairly (ergo unlawfully) by filing a defective proof of claim? The 11th Circuit Court of Appeals recently answered this question in a case entitled Crawford v. LVNV Funding, LLC, 2014 U.S. App. LEXIS 13221 (11th Cir. Ala. July 10, 2014).

The Crawford case highlights the intersection between the FDCPA’s prohibition on unfair behavior, the bankruptcy rule which automatically allows unchallenged creditor claims, and the underlying policy reasons for enforcing statutes of limitation. The creditor in Crawford was a debt collector which filed a proof of claim in the debtor’s bankruptcy proceeding. The claim;

Lame Proofs of ClaimJohn H. Bedard, Jr.

Bedard Law Group, P.C. 2810 Peachtree Industrial Blvd., Suite D • Duluth, GA 30097

678-253-1871ext. 244 • [email protected]

however, was for a debt on which the statute of limitations had already expired. The claim went unchallenged so it was “allowed” and the collector actually received payments from the trustee on the claim. Four years later the debtor hired counsel and challenged the proof of claim. The debtor argued that the collector violated the FDCPA by filing a proof of claim on a debt for which the statute of limitations expired and that such filing constitutes an unfair collection practice in violation of §1692(f ) and a false representation about the character of the debt in violation of §1692(e). Both the bankruptcy court and the district court disagreed and dismissed the debtor’s claims entirely. The debtor appealed to the 11th Circuit Court of Appeals which reversed these decisions. It is now clear in the 11th Circuit that, provided all other provisions of the FDCPA apply, filing a proof of claim to collect a stale debt in a Chapter 13 proceeding bankruptcy violates the FDCPA. This statement is worth repeating: Debt collectors who file proofs of claim in Chapter 13 bankruptcy cases in the 11th Circuit on debts for which the statute of limitations has expired are violating the FDCPA.

How did the court reach this conclusion? The court begins its analysis very much like the beginning of this article – with a brief tutorial of the underlying purposes of limitations statutes and the unfairness inherent in enforcing stale claims. It then highlights the “automatic allowance” rule in the bankruptcy procedure and explains the standard by which FDCPA behavior in the 11th Circuit is measured, the “least sophisticated consumer” standard. The court then focuses on §1692e (the prohibition on false representations) and concludes that filing a time-barred proof of claim creates the misleading impression to the debtor that the debt collector can legally enforce the debt. For this reason, the least sophisticated consumer would not know to challenge the claim. In addition, it is unfair, unconscionable, and deceptive in violation of §1692f to receive payment on stale debts because it reduces the amount other creditors with timely claims receive from the debtor’s estate and forces parties and the court to consume “energy and resources” filing objections and dealing with stale claim issues. The court concludes its analysis stating, “Just as [the collector] would have violated the FDCPA by filing a lawsuit on stale claims in state court, [the collector] violated the FDCPA by filing a stale claim in bankruptcy court.”

Collecting time-barred debt is tricky business today. The issue has captured the attention of regulators and lawmakers at the state and federal levels. Courts are now weighing in. The 11th Circuit has drawn a line in the sand. Don’t get caught with a lame proof of claim.


I’m a debt collector whose job it is to work on behalf of creditor clients to recover rightfully owed debts from consumers. The work debt collectors do is not popular, and has become increasingly derided by those who don’t like what we do or simply don’t know the facts about debt collection. Too often, debt collection is painted with a broad brush to create a portrait that isn’t accurate, and doesn’t properly educate consumers.

There are countless resources for consumers to help them know their rights should they ever be contacted by a creditor or debt collector (e.g., the Consumer Financial Protection Bureau and the Federal Trade Commission) and they’d be well served to know what can and cannot be done. To begin, any debt collector who has violated consumer law and causes actual damages should be held accountable for their actions. However, consumers who are considering suing a debt collector need to first be wary of unscrupulous plaintiff attorneys whose “protecting consumers” mantra may mask the real goal of exploiting them for their own profit. Here are a few points to separate fact from fiction when it comes to suing a debt collector.

Myth: Consumer Attorneys Sue to Protect Consumers

Some consumer attorneys take advantage of the fact that state and federal laws governing debt collection are ambiguous and out of date by filing repeated lawsuits instead of productively working with the debt collectors to modernize the laws. This has created a cottage industry of attorneys looking to exploit both the debt collectors and consumers. In fact, the majority of these lawsuits are either frivolous or technical, and in almost all cases no actual damages have been incurred. In my 15 years of being a debt collector, I have found the majority of lawsuits filed against debt collectors are based on debt collectors leaving a consumer a voicemail to call them back or debt collectors sending a consumer a letter in which the consumer attorney claims the content of the letter somehow violates the Fair Debt Collection Practices Act. These lawsuits are filed because of Catch-22 provisions within the FDCPA.

WebRecon, which tracks litigation filed against companies in the credit and collection space, identified 60 consumer attorneys who account for 46.6% of all consumer litigation filed so far in 2014.

Myth: Consumers Benefit When Suing a Debt Collector

Consumers gain very little as it’s the attorneys who profit. In fact, because damages against a debt collector for violating the FDCPA are capped at $1,000 per incidence, consumer attorneys make a living from the volume of lawsuits they file. They depend on debt collectors seeking to quickly settle the case instead of actually going to court, which is far more lucrative for attorneys

who then don’t have to put any time into executing a defense. It is not uncommon for attorneys to receive at least five to ten times more money than the consumer once everything is said and done.

Myth: Suing Debt Collectors Has No Adverse Effects on Consumers

When suing a debt collector, all information becomes a matter of public record. The residual impact is that it could impede a consumer’s ability to work directly with a creditor or debt collector in the future to resolve a financial matter if a consumer has a history of legal action. So instead of trying to work with the consumer many creditors and debt collectors will simply forgo direct communication to resolve the issue and simply seek a judgment in order to garnish wages, freeze bank accounts, get a lien on your property or seek another legal remedy (depending on what is allowed under state law). In addition, any judgment against a consumer may remain on their credit report for up to 10 years.

Myth: Monies Received From a Legal Action Do Not Have to Be Reported to the IRS

All monies over $600 received as a result of suing a debt collector may have to be claimed as taxable income. The agreement in which money is paid to a consumer is between the consumer and the debt collector, therefore a 1099 may be required to be filed with the IRS to account for the income. To avoid confusion, consult with a tax professional to understand your potential responsibility.

Myth: Suing a Debt Collector Resolves a Debt

Most consumer debt is not owned by the debt collector, they are working on behalf of a creditor client. So, in resolving the case with the debt collector (e.g., technicality, FDCPA violation, etc.) the consumer hasn’t resolved the issue with the creditor and therefore likely still owes the debt. In fact, a common misconception is that when a consumer sues a debt collector their debt is forgiven, but this couldn’t be further from the truth. In the majority of lawsuits filed, forgiveness of the debt is rarely requested because the consumer attorneys understand the request is rarely granted by the creditor.

Myth: It Doesn’t Cost Money to Sue a Debt Collector

While in some instances this may be true, more and more consumers are finding out the hard way that most of the time it isn’t. Debt collectors are no longer rolling over and settling lawsuits filed against them as they are now investing the time

6 Things Debt Collectors Wish You KnewBy Nick Jarman


800-283-3227 | www.ontariosystems.com

© 2012 Ontario Systems, LLC. All rights reserved.

More thansoftware.Ontario Systems offers a collection of consulting service packages united under a common goal: improving your bottom line and customer service quality.

Since 1980

Our consultants will help you evaluate, plan, and implement strategies that ensure you are getting the maximum value out of your portfolios.

You can improve your performance through workflow optimization, improved scoring and analytics, increased right-party contacts, and much more. Please contact us to find out how we can help.

ACA OF TEXAS



TEXAS LEGISLATIVE UPDATE

We will supply handouts to assist you in educating legislators about the positive contributions that collection agencies make to the economy. We’ll go in teams to the Capitol, so don’t worry about being expected to meet someone alone. Everyone will have a positive experience and who better to tell our stories than those who live it and breathe it every day.

Make your plans now to attend the Annual Conference and the Legislative Summit. The time spent will be well worth it, it is an investment in the future of your business.

I look forward to seeing you in Austin in February.

Paul Nagy, Legislative Committee Chair

Election Day is upon us. It’s time to vote! If you haven’t already, take a few minutes to cast your vote

for those candidates who best reflect your values and business interests.

This issue of Southwest Collector Connector has all of the information needed to register for our updated and revamped Annual Conference & Expo in February, which includes our Legislative Summit.

The Legislative Summit is a terrific opportunity to gather with your fellow collection professionals and to go to the Texas Capitol to introduce yourself, your business, and our Industry to your state legislators. They really do appreciate hearing from constituents.

ACA OF TEXAS EDUCATIONAL FOUNDATIONANNOUNCES A “GOLF EVENT” FUNDRAISER

Mark your calendar for Tuesday evening, February 17, 2015 when the Educational Foundation will host an exciting and

fun-filled evening at TopGolf Austin! There is no requirement (or need) that you be a “golfer” to attend.

In addition to golf “games” and other competitions there will be ample food and beverages to enjoy in addition to the fellowship and the opportunity to encourage “your” team.

The Educational Foundation is a not-for-profit and tax exempt foundation whose sole purpose is to provide college scholarships to deserving high school seniors.

Make a tax deductible contribution (see the registration form on page 27) to the Foundation and

join the fun. There is room for you, see you there!

16 Southwest Collector Connector Fall 2014

WEB

TEL

Re

turn

s

Remote Deposit

Re

curr

ing

RCKP

PD

/CC

D

NSF

I RD/Check 21

Inte

gra

ted

HostedRCKFunds

FAX Tel lerPlus®

Elec tronicDebit

Credit CardsHosted

Convenient

Col lec t ions

Checks

BOC

ACH

Solu

tions

Processing

Payment

sales@ef tnet work .com 800.492.2794w w w.ef tnet work .com

Ahead of the Curve. Behind Our Clients.

Providing Exceptional Paper and Electronic Based Processing Solutions to the Collection Industr y

WEB

TEL

Re

turn

s

Remote Deposit

Re

curr

ing

RCK

PP

D/C

CD

NSF

I RD/Check 21

Inte

gra

ted

HostedRCKFunds

FAX Tel lerPlus®

Elec tronicDebit

Credit CardsHosted

Convenient

Col lec t ions

Checks

BOC

ACH

Solu

tions

Processing

Payment




WEB

TEL

Re

turn

s

Remote Deposit

Re

curr

ing

RCK

PP

D/C

CD

NSF

I RD/Check 21

Inte

gra

ted

HostedRCKFunds

FAX Tel lerPlus®

Elec tronicDebit

Credit CardsHosted

Convenient

Col lec t ions

Checks

BOC

ACH

Solu

tions

Processing

Payment



Providing Exceptional Paper and Electronic Based Processing Solutions to the Collection Industr y W

EB

TELR

etu

rns

Remote Deposit

Re

curr

ing

RCKP

PD

/CC

D

NSF

I RD/Check 21

Inte

gra

ted

HostedRCKFunds

FAX Tel lerPlus®

Elec tronicDebit

Credit CardsHosted

Convenient

Col lec t ions

Checks

BOC

ACH

Solu

tions

Processing

Payment




WEB

TEL

Re

turn

s

Remote Deposit

Re

curr

ing

RCK

PP

D/C

CD

NSF

I RD/Check 21

Inte

gra

ted

HostedRCKFunds

FAX Tel lerPlus®

Elec tronicDebit

Credit CardsHosted

Convenient

Col lec t ions

Checks

BOC

ACH

Solu

tions

Processing

Payment




WEB

TEL

Re

turn

s

Remote Deposit

Re

curr

ing

RCK

PP

D/C

CD

NSF

I RD/Check 21

Inte

gra

ted

HostedRCKFunds

FAX Tel lerPlus®

Elec tronicDebit

Credit CardsHosted

Convenient

Col lec t ions

Checks

BOC

ACH

Solu

tions

Processing

Payment




WEB

TEL

Re

turn

s

Remote Deposit

Re

curr

ing

RCKP

PD

/CC

D

NSF

I RD/Check 21

Inte

gra

ted

HostedRCKFunds

FAX Tel lerPlus®

Elec tronicDebit

Credit CardsHosted

Convenient

Col lec t ions

Checks

BOC

ACH

Solu

tions

Processing

Payment




WEB

TEL

Re

turn

s

Remote Deposit

Re

curr

ing

RCK

PP

D/C

CD

NSF

I RD/Check 21

Inte

gra

ted

HostedRCKFunds

FAX Tel lerPlus®

Elec tronicDebit

Credit CardsHosted

Convenient

Col lec t ions

Checks

BOC

ACH

Solu

tions

Processing

Payment




WEB

TEL

Re

turn

s

Remote Deposit

Re

curr

ing

RCK

PP

D/C

CD

NSF

I RD/Check 21

Inte

gra

ted

HostedRCKFunds

FAX Tel lerPlus®

Elec tronicDebit

Credit CardsHosted

Convenient

Col lec t ions

Checks

BOC

ACH

Solu

tions

Processing

Payment




WEB

TEL

Re

turn

s

Remote Deposit

Re

curr

ing

RCKP

PD

/CC

D

NSF

I RD/Check 21

Inte

gra

ted

HostedRCKFunds

FAX Tel lerPlus®

Elec tronicDebit

Credit CardsHosted

Convenient

Col lec t ions

Checks

BOC

ACH

Solu

tions

Processing

Payment




WEB

TEL

Re

turn

s

Remote Deposit

Re

curr

ing

RCK

PP

D/C

CD

NSF

I RD/Check 21

Inte

gra

ted

HostedRCKFunds

FAX Tel lerPlus®

Elec tronicDebit

Credit CardsHosted

Convenient

Col lec t ions

Checks

BOC

ACH

Solu

tions

Processing

Payment




WEB

TEL

Re

turn

s

Remote Deposit

Re

curr

ing

RCK

PP

D/C

CD

NSF

I RD/Check 21

Inte

gra

ted

HostedRCKFunds

FAX Tel lerPlus®

Elec tronicDebit

Credit CardsHosted

Convenient

Col lec t ions

Checks

BOC

ACH

Solu

tions

Processing

Payment




ACA OF TEXAS



I’d like to start off by apologizing to any music lovers who thought this was going to be about leading a band in front a large group of people, and getting them ‘into the show’. It’s not, but what could you do with a group of people in a training setting that were ‘into YOUR show’- people that were excited about what you were teaching them? My answer is that the possibilities are endless, anything from collections to cardiovascular surgery, but how do you get them there? If these questions are a mystery to you, then by all means, read on.

Let’s start off with training materials; do you have everything that you need to properly train your people? Check and double check the list of items, as it is very important that you have all of your materials at your fingertips. You don’t want to lose momentum with a class just because you don’t have all of your ducks in a row. It sends the wrong message (organization? - we don’t do that here), and you may lose some of your people that have a higher drive than the others. Don’t take those for granted that show a greater level of engagement than the rest of the group. You can lose them along the way just as easily as those who are struggling to pay attention, so stay sharp.

Secondly, let’s talk about you. Are you really into what you’re doing, or are you in ‘career purgatory’? As you know, your training classes are a reflection of your work. If you spend half of your day checking the time, don’t be surprised when you look across your training class and see the same thing. Recommit yourself with each class to make them the best group you have trained. Are you motivated for this task? Most of us have a daily routine that puts us in the best position to take on the day to come. Don’t cut corners when it comes to this, especially if you already know that it will have a negative impact on your day. You may be able to recover from this, but what about the people you’re training that day?

Now, what about that first day greeting? A lot of trainers take a perky approach and create an environment where everyone is encouraged to enjoy themselves while they learn. Everybody gets to meet and greet each other in a semi-social setting, and this is a great concept. On the downside, this environment is usually exclusive to training, and some of your ‘newbies’ will get a culture shock when they land on the floor. This is when they find out that their personal enjoyment is not a priority anymore, and you run the risk again of losing people, not to mention

time and training resources. An alternative approach would be to immediately hone in on everyone’s inner motivations. When doing your meet and greet, instead of asking people to share their past work experience and personal interests, why not ask about what motivates them to be successful? More than likely, you will create an environment where people can come together quickly as a team, because they share common motivations. This can’t do anything but make your job easier, as it gives your team an immediate common goal to shoot for. Don’t forget to share your own motivations, as some in your group need to see this ‘human side’ of you in order to engage.

How are you delivering your materials? A good rule of thumb I have always used is to teach in the simplest of terms. This way, the material is absorbed by everyone, and not just heard. Absorption has to be your primary objective, so take your time when delivering material with multiple layers. Remember the title of this article? You have got to play to the crowd, so remember that not everyone learns the same way that you do. An approach has to be taken that will pique everyone’s curiosity and hunger for learning. Always take the time to answer questions, even if you think the question is stupid, or if you think the person was not paying attention when you provided the information earlier. This is important, as your tone when answering questions can win a class over, or turn them off altogether. It is expected that you will repeat yourself many times, so let that sink in before you get frustrated with your group. Remember, you have what I call ‘new job haze’ to get past, along with the different learning curves. You will not be able to train properly without taking these things under careful consideration.

Is everyone taking notes? Encourage them to take notes without it coming off as a directive. Remind them that they will need that information later when they are on the floor, so this is a good time to put it down on paper. This, along with anything else you teach them, needs to be connected to that initial conversation. As long as you tie everything back to that discussion where goals and objectives were discussed, you don’t have to look for new ways to keep a class engaged. Keep their eye on their own personal prizes, and you don’t have to wonder whether or not you did everything you could to train them properly. They will actually help you to train them because of that person/place/thing they have put in front of themselves as their reason for

Rock the CrowdBy Daron Ratcliff


COLLECTOR’S CORNER


Several years ago, a large, Detroit-based automotive maker needed a sophisticated and secure database to handle vehicle and client information. Two programmers, Gary Perlick and Rob Swearengen, were hired to provide a solution for this complex application. In 1982, after achieving successful outcomes, these same programmers formed Renkim Corporation.

Thirty years later, Renkim stands out as a leader for its ability to handle financial and mission-critical documents for credit, collection, healthcare, insurance, automotive and utility companies located throughout North America.

At Renkim, we’ve always been ahead of the curve. Our forward-thinking approach to doing business keeps us at the forefront of the industry. With that in mind, the following timeline identifies some of our noteworthy accomplishments:

1985: First to handle outsource return-mail processing

1996: First to offer house-holding multiple pages in one envelope

1997: Second print and mail firm to be licensed by USPS for Fast-forward/NCOA-18 in the U.S.

2002: Introduced Renkim Mail Track and deployed Self Mailer to the collection industry

2007: Introduced Renkim EZ Letter, the first online letter editing tool

2010: Introduced Renkim eNotice and Renkim UAA

2010: Obtained USPS full-service certification

Renkim operates from two locations, headquartered in Detroit, MI with a satellite facility in Toronto, Canada. Our 140 employee shareholders have a vested interest to ensure our clients’ success. Data and Physical security is paramount and adherence to PCI-DSS Level 1, GLBA, FISMA, HIPAA/Hitech and current individual state Credit Card Security Laws (AZ, MN, NV). Renkim’s Flexible messaging system allows users to communicate with customers through Print & Mail, eNotice and Fax. All Client data is scrubbed using a variety of debtor account information to assist in account decision making. Services provided: Print and Mail, eNotice, Fax on Demand, NCOA 18 and 48, AEC, Bankruptcy, Deceased, Phone Append, Account Scoring, Directory Assistance Plus, Return Mail Processing and Renkim UAA. Renkim has multiple envelopes and paper stock options available.

Renkim at a Glance• Established in 1982 in Southgate, Michigan

• Employee-owned

• 100,000 square feet of facility space

• Print and electronic mailing

• Monthly capacity of 65 million mailings

• State-of-the-art printing capabilities

• Photo eye insertion integrity

• In-house postal presort

• Superior client services

ACA OF TEXAS



Employers in Texas and other states are at a crossroads.

Increases in health insurance premiums have eased somewhat over the past two years, but employers still face a staggering cost burden. This year, health insurance premiums average $12,535 per employee, according to a survey by Towers Watson and the National Business Group on Health. Employers are paying about $9,560 of the tab.

For a business with 100 employees, that’s nearly $1 million – money that could be spent replacing aging equipment or hiring workers. Yet the Affordable Care Act (ACA) will impose penalties on companies that don’t offer coverage.

As they come to terms with unsustainable cost increases and the provisions of the ACA, employers face possible four courses of action – and countless tough questions.

1. Maintain the Status QuoAlthough health care costs remain steep, premiums rose just 4.1 percent in 2013 and 4.4 percent in 2014. For employers satisfied with the current benefits package, maintaining the status quo might be the best course of action, particularly if employees also are satisfied.

In a year or two, as the landscape continues to shift, change might be in order.

A risk associated with maintaining the status quo is that many employers soon will run into an excise tax that the federal government will impose on “Cadillac” health plans, or those plans that offer unusually rich benefits.

Beginning in 2018, a 40 percent tax will be levied on health plans that exceed annual cost limits of $10,200 for individual coverage and $27,500 for self and spouse or family coverage. Employers offering insured or self-funded group health plans will have to pay the tax on spending beyond those limits.

Employers may sidestep the excise tax by increasing employee copayments, deductibles and co-insurance and dropping some benefits. The tradeoff is that such changes will undermine employee satisfaction. Employers will need to decide what’s worse: higher taxes or unhappier employees.

Employers also must decide whether to continue to offer other benefits they offer today, including life, vision, dental and disability, for example, and whether these should be single-sourced or obtained from multiple vendors. Making adjustments to these elements of the benefits package may enable employers to continue to offer rich health care benefits, at least for the time being.

2. Move to a High Deductible Health PlanApproximately 20 percent of U.S. workers were enrolled in high-deductible health plans in 2013, up from just four percent in 2006, according to the Kaiser Family Foundation and Health Research & Educational Trust. That trend is likely to accelerate as employers continue to seek affordable coverage options.

A high-deductible plan is one with a minimum deductible of $1,250 for individuals and $2,500 for families. Maximum out-of-pocket spending for employees is $6,350 for individuals and $12,700 for families. This includes deductibles, copayments and other amounts, but not premiums.

As employers move to high-deductible coverage, many also establish tax-free health reimbursement arrangements (HRAs), which help employees meet the higher out-of-pocket costs associated with high-deductible plans. An employee undergoing an emergency appendectomy might be required to pay the full or remaining deductible amount for the year and then pay an agreed-upon percentage of the remaining cost of the procedure. The employee could withdraw funds from the HRA to cover those expenses.

Although high-deductible plans can save employers substantial money, a tradeoff is that employees need help understanding the costs of various treatment options. Many insurers offer online tools to help employees resolve such questions, but studies suggest that few people use these. The result: additional challenges for the human resources department.

3. Switch to a Defined Contribution ModelForty-seven percent of employers have moved or are moving to a defined contribution model for health care benefits, according to a 2013 survey by Prudential. The main reasons cited for making the switch: the prospect of lower health care costs and increased employee choice.

In the defined contribution model, the employer offers a range of benefits and then contributes a set amount of money to each employee. The employee then selects benefits based on his or her needs. The arrangement is similar to a 401(k) plan to which the employer sends contributions but for which the employee selects the investments.

The obvious advantage of defined contribution is that employer spending is capped. Another is that the employee determines how much to allocate to health, dental and vision coverage and to voluntary coverage such as life, disability, accident and critical illness insurance.

That flexibility can help attract and retain employees, but it also can create an administrative challenge, as employees may need help deciding how to allocate the money.

Four Strategies for Addressing Health Insurance- Tough Decisions Lie Ahead for Employers

By Teri Mullaney


30 YEARSO F I N S I G H T W E N T I N T O C R E AT I N G T H E

R IGHT SOLUT IONF O R T O D A Y.

(800) 488-4420

Introducing Ajility® – the most powerful solution for growing your revenue. To stay ahead you need a strong competitive edge. That’s why we designed Ajility. Its intuitive setup and configurable business rules put you in control for maximum productivity. It’s worked for others. See how it can work for you.

“WE PROVE TO OURSELVES EVERY DAY THAT WE MADE THE RIGHT CHOICE GOING WITH COLUMBIA ULTIMATE’S

NEWEST INNOVATION, AJILITY.” — THOMAS OLDANI, VICE PRESIDENT, ANN ARBOR CREDIT BUREAU, INC.

© 2014 Columbia Ultimate. All Rights Reserved. www.columbiaultimate.com

Ajility.Ad_Collection.Advisor.indd 1 12/11/12 10:59 AM


30 YEARSO F I N S I G H T W E N T I N T O C R E AT I N G T H E

R IGHT SOLUT IONF O R T O D A Y.

(800) 488-4420

Introducing Ajility® – the most powerful solution for growing your revenue. To stay ahead you need a strong competitive edge. That’s why we designed Ajility. Its intuitive setup and configurable business rules put you in control for maximum productivity. It’s worked for others. See how it can work for you.

“WE PROVE TO OURSELVES EVERY DAY THAT WE MADE THE RIGHT CHOICE GOING WITH COLUMBIA ULTIMATE’S

NEWEST INNOVATION, AJILITY.” — THOMAS OLDANI, VICE PRESIDENT, ANN ARBOR CREDIT BUREAU, INC.

© 2014 Columbia Ultimate. All Rights Reserved. www.columbiaultimate.com

Ajility.Ad_Collection.Advisor.indd 1 12/11/12 10:59 AM

American Collectors Association of Texas

67th Annual Conference & Southwest Exposition

EExxhhiibbiittoorr PPrroossppeeccttuuss

February 16-18, 2015 Crowne Plaza Austin

Austin, Texas

RegistRation infoRmation


Exhibition Tentative Schedule Monday, Feb. 16, 2015 8:00 a.m. - 3:00 p.m. Exhibitor move-in 4:00 p.m. – 5:00 p.m. “Exhibitor Introduction” fundraiser 5:00 p.m. – 7:30 p.m. Welcome Reception & Bottle Auction in the

Exposition Hall Tuesday, Feb. 17, 2015 7:30 a.m. - 8:30 a.m. Continental Breakfast - Exposition Hall 8:30 a.m. - 10:00 a.m. Opening Sessions 10:00 a.m. - 10:45 a.m. Break in the Exposition Hall 10:45 a.m. - Noon Morning Sessions Noon – 1:30 p.m. Luncheon - Exposition Hall 2:45 p.m. - 3:15 p.m. Break in the Exposition Hall 6:00 p.m. – till ? Tuesday Night Extravaganza!

Exhibitors are invited and will be recognized! Wednesday, Feb. 18, 2015 7:30 a.m. – 8:15 a.m. Breakfast in the Exposition Hall 8:15 a.m. – 9:00 a.m. Legislative Briefing in Exposition Hall 9:00 a.m. – 11:00 a.m. Exhibitor Tear Down 9:00 a.m. – 2:00 p.m. Capitol Office Visits

Reasons to participate … Reach out to ACA’s second largest state unit Meet with potential clients in this niche market Demonstrate new products and services Shorten the buying process Meet buyers face-to-face Develop new leads Distribute product samples and information Network and sell to other exhibitors

Sign up today as an exhibitor or sponsor for

this great event!

Welcome to Austin – Music Capitol of the World!Come early or stay over, network with your peers, learn from nationally

recognized experts, and see the latest products and services from our 30 exhibitors. And, as if that is not enough, this year the conference ends with our Legislative Summit, when we go together to meet our state representatives and

senators at the Capitol and make our voice heard.

Important NoticeRegarding the Upcoming Meeting of the Board of Directors and the

Annual Unit Meeting both to be Held in Conjunction with the67th Annual Conference and Southwest Exposition

President Jeff Hurt has called for a meeting of the American Collectors Association of Texas Board of Directors to convene at 5:00 pm on Sunday, February 15, 2015 at the Crowne Plaza Hotel, 6121 North IH-35, Austin, Texas. The Board of Directors meeting is open to all ACA of Texas members.

The Annual Membership Meeting of ACA of Texas will be held at 4:15 pm on Tuesday, February 17, 2015 at the Crowne Plaza Hotel in Austin, Texas. The agenda will include all business submitted for the membership’s consideration including reports from the officers, the election of officers and directors and any other business as may be appropriate. All ACA of Texas Members are encouraged to attend.

ACA of Texas invites all of its members to consider how you can help your Association through volunteering to serve as an officer, director or committee member. For further information, please contact our Executive Director, Tom Morgan. He can be reached at either (512) 458-8666 or email at [email protected].


Crowne Plaza Hotel Austin, Texas

6121 North IH-35, Austin, TX 78752, 512-323-5466

Crowne Plaza Austin....the center of it all!

Located at the crossroads of the capital city, the Crowne Plaza Aus-tin is centrally located and easily accessible from IH-35 and Highway 290. Guests are within minutes of The University of Texas, Sixth Street Entertainment District, the State Capitol, as well as, area shopping and local favorite restaurants.

The hotel's amenities were designed with their guests in mind. Start the day with an extensive breakfast buffet, served in Crossroads Grille; which also offers a full menu for lunch and dinner. Enjoy your favorite beverage in Crossroads Lounge. Keep fit in the 24-hour fit-ness center or swim a few laps in the year-round open pool & spa.

The Crowne Plaza Sleep Advantage program allows guests a restful night’s sleep for the next day's activities.

The hotel is a multiple recipient of the prestigious Quality Excellence Award. It offers outstanding personalized service unmatched by other area hotels. The staff is ready to wel-come you, and is at your service during your visit to the vi-brant city of Austin!

The hotel offers free parking and a complimentary shuttle within 5 miles (one way and drop off only. Pick-up based on availability.)

Reserve your room today!

Room reservation cut-off date is January 26, 2015. Make a reservation Online (Block Code is “ACA”) or call 512-323-5466 and mention ACA-TX to obtain the discounted room rate of $119 single or double.


ACA OF TEXAS 67TH ANNUAL CONFERENCE & EXPOTo Feature Nationally Recognized Speakers

And High-Interest Industry Subjects

MONDAY, February 16 - Kicks off at 3p and concludes with the Opening Reception

John Bedard & Debra Ciskey will be team-teaching the “Understand and Respond to the CFPB’s Expectations” seminar from ACA (begins at 9:00am). This seminar is a full 8 hours (1/2 on Monday and concludes on Tuesday morning) and is one of the “advanced” seminars available from ACA.

Ken Paxton, the newly elected Texas Attorney General, will be our Keynote Speaker. This will be a “not to be missed” presentation as he shares his thoughts and plans in areas affecting our industry.

TUESDAY, February 17 – A big day for education that requires concurrent sessions!

Mike Ginsberg, President & CEO for the Kaulkin Ginsberg Company, will be joining us with an always interesting M&A update along with his insight on current events in the credit and collections industry.

Rob Foehl, ACA International General Counsel, will discuss ACA’s activities regarding the regulatory and compliance issues with respect to the TCPA and the FCRA.

Rob Kennedy, BillingTree, will lead a discussion on “Electronic Payment Compliance: Rules and Regulations”. Think Regulation E, PCI-DSS compliance and other industry concerns.

John McNamara, Debt Collections Program Manager with the CFPB, will bring an update and insight into the CFPB’s programs and regulations that directly affect our industry. Bring your questions!

Rick Doane, ACA International President for 2014-15, will share information on ACA’s plans and programs. Rick is a “tell it like it is” guy and you will want to hear what he has to say.

Tom Gavinski, ACA International Board member and VP at I.C. Systems, is a recognized expert in the healthcare industry. He will be sharing information regarding the continued rise in self-pay receivables and what to expect and steps to take to be effective.

Randy Langley, VP with RevSpring, will present information on how to accelerate revenue “Using Multi-Channel Communication Strategies” with your customers.

Darren Ford, ProCulture Consulting, will provide insights and tips on “Managing, Mentoring and Motivating Millennials”. This is “must” session for your supervisors, managers and HR staff.

Marc Cataldo, CallMiner, everything you wanted to know about Speech Analytics (or stuff you didn’t know you wanted to know) and how this tool can assist you in maintaining compliance.

Rozanne Andersen, Compliance VP with Ontario Systems, will address how your industry peers have performed (or not) when going through a CFPB Gap Assessment. What you need to know and do.

Ron Brown, always interesting and entertaining, will share information on the science (and use) of Neurolinquistic Motivation Techniques. This is another great session for your managers, supervisors and HR staff.

Lastly, no ACA of Texas Conference would be complete without the always popular and highly informative, “Litigation Update” to be presented by a panel of ACA of Texas attorney members (TBD).

WEDNESDAY, February 18 – Following breakfast in the Exhibit Hall and a Legislative Briefing, we will depart by bus to make visits with our legislators at the Capitol. Important, we need you there!


SUMMARY CONFERENCE SCHEDULE

Monday, February 16, 20158 a.m. - 4:00 p.m. Exhibitor move-in9 a.m. – 2:30 p.m. ACA CFPB Compliance Seminar (Part 1)3 p.m. - 5 p.m. Conference begins – Welcome and Keynote 5 p.m. – 7:30 p.m. Welcome Reception and Bottle Auction in the Expo Hall

Tuesday, February 17, 20157:30 a.m. - 8:30 a.m. Continental Breakfast - Expo Hall8:00 a.m. – Noon ACA CFPB Compliance Seminar (Part 2)8:30 a.m. – 10:00 a.m. Opening Concurrent Sessions10:00 a.m. – 10:45 a.m. Break in Expo Hall10:45 a.m. - Noon. Morning Concurrent Sessions ContinuedNoon – 1:30 p.m. Luncheon - Expo Hall1:30 p.m. – 3:15 p.m. Afternoon Concurrent Sessions3:15 p.m. – 3:45 p.m. Afternoon Break in Expo Hall3:45 p.m. – 4:15 p.m. ACA International President Session4:15 p.m. – 5:15 p.m. ACA of TX Annual Unit Business Meeting5:15 p.m. – 6:00 p.m. CollectPAC Reception and Unit Awards6:00 p.m. – 10:00 p.m. Educational Foundation Golf Event (fundraiser)

Wednesday, February 18, 20157:30 a.m. – 8:15 a.m. Breakfast in the Exhibit Hall8:15 a.m. – 9:00 a.m. Legislative Briefing/Texas Legislator (invited)9:00 a.m. – 9:30 a.m. Board bus(es) and travel to Capitol9:30 a.m. – 12:15 p.m. Legislative Office Visits with Representatives and Senators12:15 p.m. – 12:45 p.m. Return to hotel and depart for home1:00 p.m. – 2:30 p.m. Board luncheon meeting (Conference “wrap-up”)

“2013 Memories, join us for 2015and help make new memories.

Reasons to Participate…

• The invaluable and educational benefit of peer-to-peer networking (meet old friends and make new friends)

• Meet with 30 Exhibitors and see the latest in Products & Services for the collection industry• Attend ACA’s Advanced Compliance seminar and earn PDU’s toward CCCO certification• Support your Educational Foundation by making a contribution and attending their “Golf Event”• Choose from among 12 great and timely concurrent educational sessions (might want to bring

another person)• Educational topics include compliance, electronic payments, healthcare collections, speech

analytics, and more• Meet and hear from John McNamara, CFPB Debt Collections Program Manager• Visit the Capitol on Wednesday and meet with your state representatives and senators• Welcome, meet and listen to our new Texas Attorney General, Ken Paxton, our Keynote Speaker

on Monday


American Collectors Association of Texas 67th Annual Conference and Exposition

Crowne Plaza Hotel, Austin, TexasFebruary 16 - 18, 2015

Agency Name:

Agency Address:

Agency City: State: Zip:

Agency Phone: Fax:

Please register the following individual for the Conference Sessions as noted below:

First Name:

YES, my email (above) may be shared with conference exhibitors and sponsors

Position with Agency:

Is this your first ACA of Texas Annual Conference? Yes No

am not a member of ACA of Texas, MAP or another state unit of ACA

Conference Activity/Session

Pre-conference CFPB Seminar $Conference Registration (Please indicate if this is a First, Subsequent or One-Day Registration)

I am the 1st Registration - All Conference Sessions $ I am a Subsequent Registration - All Sessions $ I am a One-Day Registration (Tuesday only) $ I will be attending the Legislative Summit $ -0-

First Registration $275 $ Subsequent Reg $175 $

Spouse/Guest (not employed in the business) Name:Full conference-All Conference Sessions and Meals $One day-Includes all sessions and meals on Tuesday $Monday Opening Reception - ONLY $

Total Registration Fees Due: $

Method of Payment: Check for $_______________________ Make payable to: ACA of Texas

Or: Charge my Visa Master Card AmExp For

Signature Billing Zip Code

Name on Card Security Code

Card Number Expiration Date

Monday (2/16) 9:00am-2:30pm (includes break and lunch)Tuesday (2/17) 8:00am-Noon (includes morning break)

NEW! Early Bird Pricing Available through January 10, 2015 when registering for BOTH the conference and the ACA Seminar: ACA

and MAP Members Only

No Charge

ACA Member/Non-member

$245/$345

Savings($95)

Call 512-458-8666 or email [email protected] for more information or if there are any questions

$

If paying by credit card, please fax to 512-458-8740 or scan and email to [email protected] Submit this form with payment to: ACA of Texas, 18604 Interstate 20 West, Lindale, TX 75771

$145/$245$100/$200

I have a disability or special dietary needs ____ (We will contact you and try to accommodate, if possible)

$35

$125$75

($50)

ANNUAL CONFERENCE REGISTRATION FORM - (one per person and please print)

I amPre-conference ACA Seminar - "Understand and Respond to the CFPB’s Expectations"

Fee to be Charged

Last Name:

Email:

Fee

$125/$200

Separate fee requiredsee below


YOU DO NOT HAVE TO BE A GOLFER TO PARTICIPATE.

Participation is open to all ACA International members, affiliates and guests with proceeds benefiting the American Collectors Association of Texas Educational Foundation.

Join us for the food, fun and fellowship while helping to support our Educational Foundation’s efforts

in providing college scholarships to high school seniors.

Date: February 17, 2015 at TopGolf located at 2700 Esperanza Crossing, Austin, TX Time: Fun and games start at 6:30 p.m. (bus will leave the hotel at 6:00 p.m.) Golf Play: Includes a “Scramble” as well as several individual “competitions” Prizes: 1st, 2nd and 3rd Place Teams, as well as Longest Drive and other “challenges” Player Entry Fee: A tax deductible Contribution to the Educational Foundation (see below) (Please print) Name: Company: Address: City: State: Zip: E-mail: Phone: Fax: If you will be “golfing” please provide your Handicap: Or Average 18 Hole Score: Special requests (i.e. team with):

YES, Count me in! As a Golfer with a Contribution of $110

As a non-Golfer with a Contribution of $70

Food and drinks will be provided at the facility and prizes will be presented at the completion of play.

Entry fee must accompany registration. Make checks payable to: ACA of Texas Educational Foundation. Method of payment: Check: $______________ Or:

Charge my Visa ____ MasterCard ____ AmEx _____ for $_____________________

Name on Card Billing Zip: Card # Expiration Date: Signature Security Code:

Please reproduce this form as necessary for additional entries and submit with payment to: ACA of Texas, 18604 Interstate 20 West, Lindale, Texas 75771; Fax: 512-458-8740

Call 512-458-8666 or e-mail [email protected] for more information.

American Collectors Association of Texas Educational Foundation

Tuesday Extravaganza Golf Event! TopGolf, Austin, TX

February 17, 2015 – 6:30pm to 9:30pm

Event Registration Form

ACA OF TEXAS

ASSOCIATEMEMBER



ACA Member Talks FCC Petition with Rep. Michael Burgess

ACA International member Tom Stockton (L in picture), chief executive officer at The CMI Group in Carrollton, Texas, recently visited with Rep. Michael Burgess (R-Texas) for a discussion on ACA’s petition to the Federal Communications Commission seeking clarity on the Telephone Consumer Protection Act.

The petition to the FCC seeks clarity on TCPA rules and regulations to: confirm that all dialers aren’t categorically ATDS; confirm that “capacity” under TCPA means present ability; clarify express consent attaches to the debt, not the phone; and establish a safe harbor for non-telemarketing wrong numbers.

During their visit, Stockton thanked Burgess for his support of the petition and stressed its importance to the credit and collection industry.

ACA is encouraging members to thank their congressional representatives who have also supported the petition. The association is still working to collect additional congressional letters of support to submit to the FCC.

One of the most effective ways to communicate your interests with elected officials is by setting up a face-to-face meeting while they are home in their districts. An agency tour will provide you and your employees with an excellent opportunity to develop a deeper relationship with your representative and drive home how policy decisions in Washington, D.C., affect your business. ACA can provide information to members interested in hosting a meeting with their congressional representatives. Contact Director of Federal Government Affairs Lucia Lebens at [email protected] or ACA Political Action Committee Director Rae Ann Bevington at [email protected] for help coordinating a meeting or agency tour. Bevington and Lebens can also be reached at (202) 547-2670.

ACA of Texas Member Cited as One of 35“Best Places to Work in Collections”

Capio Partners, LLC, located in Sherman, Texas has been named by InsideARM.com as one of the “Best Places to Work in Collections.” We extend our sincere congratulations to Jim Richards and his management team for achieving this important distinction.

Account Control Technology Honoredby Inc. Magazine for Eighth Year

Account Control Technology Inc., an ACA International member headquartered in Woodland Hills, CA (with a branch office in San Angelo, TX) has been recognized by Inc. Magazine as one of the 5,000 fastest-growing private companies in the U.S. for the eighth consecutive year. This year, ACT ranks No. 2,041 on Inc. Magazine’s 500|5000 list for achieving 198 percent growth between 2010 and 2013.

“It’s an honor to once again be included on the Inc. 5000 list of America’s fastest-growing private companies,” said Dale Van Dellen, ACT’s founder and chairman. “I am exceedingly proud of our employees, whose dedication and professionalism enable us to achieve great things for our company and our clients each and every day.”

BillingTree Names Edgars Sturans asNew CEO and President

BillingTree Payment Solutions, an ACA of Texas Associate Member headquartered in Phoenix, has appointed Edgars “Edz” Sturans as its new CEO and president. Sturans was previously president of CR Software LLC (now part of FICO).

As BillingTree’s new CEO and president, Sturans is chartered with leading the company through its next major expansion, including furthering electronic payment adoption and technology within accounts receivables management, auto finance, healthcare and complementary verticals.

Scott McCollum, chairman of the board at BillingTree, said, “Everyone at BillingTree is looking forward to working with Edz, and I am delighted to announce his appointment. We have worked with Edz over the years and he fits these three qualities perfectly.”

ACA of Texas Members Named as “Who’s Who in Collections”

Three ACA of Texas members were included in the 2014 edition of “Who’s Who in Collections” as recognized by Collection Advisor magazine. According to Collection Advisor, the honorees “define what it means to be a true collection professional” as they “work every day to advance the art of debt collection both in practice and reputation.” The ACA of Texas honorees are:

• Jim Richards, Capio Partners, Sherman • Michael Ryalls, RGS Financial, Inc., Richardson• Tom Stockton, The CMI Group, Carrollton


ACA of Texas Member News

We focus on developing predictive dialing and IVR messaging technology that maximizes dialing capabilities, increases agency productivity, and allows your agents to collect more. Our true predictive dialing technology dynamically adjusts contacting rates to match your current needs—resulting in superior call pacing for your agents and lower costs for you.

Visit our booth at the ACA of Texas Conference to learn more about IAT’s differentiators, including

Flexible Resource Distribution True Inbound Blending IVR Messaging Compliance-capable Tools Cloud & Premise Solutions

1.800.574.8801 www.IATSmartDial.com



We focus on developing predictive dialing and IVR messaging technology that maximizes dialing capabilities, increases agency productivity, and allows your agents to collect more. Our true predictive dialing technology dynamically adjusts contacting rates to match your current needs—resulting in superior call pacing for your agents and lower costs for you.

Visit our booth at the ACA of Texas Conference to learn more about IAT’s differentiators, including

Flexible Resource Distribution True Inbound Blending IVR Messaging Compliance-capable Tools Cloud & Premise Solutions

1.800.574.8801 www.IATSmartDial.com

INDUSTRY NEWS YOU CAN USEFlorida Issues Fingerprint Requirement for Resident and Nonresident Consumer Collection Agencies

New state consumer collection agencies and existing agencies renewing their registration are now required to submit fingerprints on their registration application form.

The state of Florida now requires fingerprints as a condition of obtaining or renewing a state consumer collection agency registration. New applicants will be required to submit fingerprints of “control persons” on the registration application form. Existing licensees will need to submit fingerprints for “control persons” prior to having their next renewal approved.

These individuals received their Scholar DesignationSaundra Burrus, Second Round, LP, Austin

Kevin Crocker, Fair Debt Consultants, LLC, AustinJonathan Endman, Account Control Technology, San Angelo

Robbie Malone, Robbie Malone, PLLC, DallasGregg Stevens, McGlinchey Stafford, PLLC, Dallas

Aimee Szygenda, McGlinchey Stafford, DallasTim Elder, Southwest Credit Systems, LP, Carrollton

Congratulate Our Newest Certified Trainer (TSP) DesigneeTiffany Heidenreich, Credit Systems International, Inc., Fort Worth

We salute our latest members to obtain the Fellow DesignationChris Meier, Credit Management, LP, CarrolltonKeith Wier, Bush & Ramirez, PLLC, Houston

Katie Zugsay, Southwest Credit Systems, LP, Carrollton

Last but not least, our newest Professional Collection SpecialistsGreg Mason, Service Bureau, Inc., Lubbock

Catherine Jones, AP Account Services, LLC, San Antonio

WELCOME NEW MEMBERSAttorney Firms

Thompson Coe Cousins & Irons, LLP, DallasSprott Newsom Lunceford Quattlebaum & Messenger, PC, Houston

Agency MembersCBE Customer Solutions, Inc., New Braunfels

Legal Investigations Group, LLC, FriscoNational Judgment Recovery Center, LP, Houston

Congratulations

www.collectone.com | 888.816.3333 | [email protected] costs. Maximize results.

1. Make an immediate right after entering the expo hall at the ACA of Texas Annual Conference and Expo.2. Stop at the second booth on the right. Booth #293. Say hello to a member of our CollectOne team.

4. Leave us your business card.5. Enjoy the conference! You're entered to win.

WANT TO WIN AN iPHONE6?



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

CollectPAC NEEDS YOUR HELP

#

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, 18604 Interstate 20 West, Lindale, TX 75771

The primary purpose of this column is to encourage our members to participate in providing the funds needed to allow us to make campaign contributions that help to elect pro-business, conservative legislators who will work to make the Texas business climate better for all businesses. To that end, we want to always recognize and give thanks to those members (below) who have been faithful to support our PAC.

2013 - 2014 MEMBER HONOR ROLLContributors shown below made a significant contribution to our efforts for this upcoming election cycle.

Election Update: By the time you are reading this the 2014 General Election on November 4th. The results will be in and there may be both great celebration and great disappointment. Regardless of your state of mind, NOW is still the time to introduce yourself (and your company and our industry) to your state representatives and senators; especially if you have a new state representative or senator. You need to know them and they need to know you and they need to know your business and our industry as well. The 2015 Legislative Session starts January 13, 2015, not that far away.

Please consider your PAC renewal right now or, if you are not listed above you may have been on the contributors list for the previous election cycle, and if, you have not previously contributed, please consider doing so now. Just take a minute right now and fill out the form provided below and send it to our Association office. You may also call the office (512-458-8666) with your pledge and credit card information. Contributions can be scheduled on either a monthly or a quarterly basis by calling the Association office.

Only personal checks or credit cards can be accepted. If contributing by credit card, fax this form to 512-458-8740. Thank you for supporting the efforts of your business’ Trade Association and those who volunteer to maintain a pro-business climate. You make the difference!

Please give what you can and Thank You for making a difference!

Vic C. York, IFCCE, MCE. Chair, CollectPAC Trustees

$1,000+ $500+ $250+ $100+ $100+ $50+Diamond Platinum Gold Silver Silver BronzeTom Stockton Loraine Lyons Rick Goforth Paul Nagy Bil Edwards Paul Gauerke Todd Langusch Stephanie Rifenberg Jean Bryant Sharon Morgan Ron Nunley Kevin HaireDarlene Mead Carrie Finney Cliff Stephens Rich Turner Vic York Andy Marancik Greg Mason Bonnie Finley Sherri Engberg Terry Simonds David Pickett Tim Britt Chad Probst Tom Morgan Cindy Armstrong Jean Bryant Mike Ryalls Edith Corbitt Under $50 Pat Pierson Russell Robken Bill Simpson Friends Cynthia Huddleston 11 Employees Susan High Mike Ryalls - The CMI Group Jim Smith Brad Odom

NEW ACA OF TEXAS

ASSOCIATEMEMBER



Professional Education & DevelopmentARE YOU INTERESTED IN HIGH QUALITY TRAINING AND EDUCATION FROM NATIONALLY RECOGNIZED

SPEAKERS AND SUBJECT MATTER EXPERTS AT A LOW COST?

If you answered that question with a resounding YES, then stay tuned. ACA of Texas is making a radical change to our Annual Conference. By now you should have seen several announcements regarding the change in our Annual Conference. The conference, normally held each year in September, is moving and will now be held in February, beginning in 2015 (see page xx for more information). In odd years, the conference will include our Legislative Summit and will be held in Austin. In even years, the conference will be held in a different Texas city, starting with San Antonio in March, 2016.

The ACA of Texas Professional Education Committee is committed to assisting members with training issues, and with coordinating professional skills development 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 have a topic you would like to see presented at our Conference, please let us know. 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. Please contact the committee chair or any of the committee members directly. 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. Resources include local and in-house seminars, on-line seminars and teleseminars, web courses, conferences and conventions, training materials and the Professional Practices Management System (PPMS). Some upcoming educational opportunities:

For more information and a complete listing of these educational opportunities,visit www.acainternational.org or contact the Education Department at 952.928.8000.

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

Education Committee Chair:Ron Nunley, Houston713-464-8219, [email protected]

Area Coordinator Info:

(Houston) Jason [email protected]

(Austin/Central TX) Open

(Dallas/Ft. Worth)Daron Ratcliff, [email protected]

(San Antonio/South Texas)Julie Goforth-Osantowski210-410-6061julie.goforth@accountservices-usa.com

(West Texas/Panhandle) Open

(North/Northeast Texas) Open

Please contact Ron Nunley if you would be willing to serve as an Area Coordinator.

Date Event Location/Type

11/5-7 2014 Fall Forum & Expo San Francisco, CA

11/5 ACA Foundational Training on PPMS San Francisco, CA11/5 Advanced Compliance: Risk Assessment and Corrective Actions San Francisco, CA11/11 A Generational Approach to Collector Training Teleseminar11/11-13 Healthcare Collection Management Online11/18 Successful Hiring Strategies Online11/19 Ethical & Professional Collections Online11/20 Building Teams that Excel Online12/2-4 Understanding & Responding to the CFPB’s Expectations Online12/9-10 Managing the Collection Floor Process Online12/15-16 Data Security & Privacy Online


Tuesday will be a full day of educational seminars, food and more food, and most importantly, our Annual Unit Business Meeting. This is when the business of the association is conducted, officer reports are presented and new officers and directors are elected. We encourage all members to attend, it really is your association.

Tuesday our “Tuesday Evening Extravaganza!” will be a “Golf Event” (no golfing skills are required) fundraiser sponsored by the Educational Foundation. The Foundation raises money to provide college scholarships to high school seniors. Come have some fun with friends and, at the same time, contribute to the Foundation. More information is on page 15 and the registration form is on page 27. And, yes, there will be ample food and beverages available.

This year the conference will conclude with our Legislative Summit on Wednesday. We start the day with breakfast in the Exhibit Hall (last chance to snatch that great prize), followed by a Legislative Briefing (invitations to legislators are being extended) to prepare us for our visit to the beautiful Texas Capitol. Buses will carry us to the Capitol at 9am and then return us to the hotel by 1pm.

Continued from page 7

If you have never attended an ACA of Texas Annual Conference you need to come and see what you have been missing. All ACA International members are eligible to attend at the “Member” rate (including the Early Bird pricing).

If you have attended in the past, come and see all that is new and expanded. The educational program is broad and will be presented in concurrent sessions on Tuesday. So, bring two or more as one person cannot see/hear everything. You will not regret attending.

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.

Sincerely,

Tom Morgan,Executive Director

coming to work every day.

And finally, there’s always those ‘little things’ you can do that seem insignificant, but go a long way towards developing a good group of employees. What are you doing while your group is reviewing material on their own, or in assigned groups? Are you sitting in the back of your class texting? Are you going through your emails, the ones you should have read yesterday? You need to help your group through these periods by not tuning out. Offer to get coffee for those that may struggle with staying awake (oops, I meant engaged, or did I?). Make yourself available for questions by walking the outer perimeter of the classroom. This is also a good time for you to observe behaviors. Pay close attention, but don’t freak anyone out by staring them down. People will tell you a lot more with their actions (or the lack of ) than they will ever convey in conversation. You can take this time to identify your performers, your team players, and also your ‘problem children’. Make personal notes for yourself and tweak your training strategy accordingly.

Being the trainer of a group is like being the quarterback of a football team. The others in the huddle will follow you, but they have to believe in you; believe in your guidance, leadership, and resourcefulness. They need to see it in every word you speak, and every move you make. They have to believe that following you will make them successful. Being entrusted with this level

of responsibility can be challenging, but at the same time, quite rewarding. Good luck with your next class.

Trainers Rock!

Daron Ratcliff, SSYBC, is Director of Operations at ACA of Texas member, Medical Debt Management located in Carrollton, TX. He can be contacted at [email protected]

Editor’s Note: For more information on becoming an outstanding trainer and earning your Trainer Specialist designation (TSP), go to https://www.acainternational.org/education-advanced-designations-13122.aspx.


“A winner never stops trying.”

- Tom Landry




One solution that many employers are adopting is to work through private health insurance exchanges. These are online marketplaces – separate from state and federal health insurance exchanges – that offer health insurance and related products. Private exchanges are rapidly gaining ground in the health care industry, especially among employers who offer defined contribution coverage. Accenture, a consulting firm, reported that three million people signed up for employer-sponsored health care coverage for 2014 through private exchanges. The number could reach 40 million by 2018, the firm estimated.

“So far, the (private) exchanges seem to appeal to companies that have a range of employees at varying pay levels – like retail and restaurant companies, which have hourly workers as well as salaried employees – because employers can offer more options in plan design,” according to a recent article in The New York Times.

Private exchanges also can handle many administrative tasks and answer employee questions about benefits, reducing calls to the employer’s human resources department.

4. Drop Coverage AltogetherIn mid-2012, in view of high costs, nine percent of U.S. employers said they would drop health care coverage for employees over the next three years, according to the consulting firm Deloitte. Yet the ACA requires that businesses with 50 to 99 full-time equivalent employees (FTEs) provide affordable health care coverage to their workers by 2016. Those with 100 or more FTEs will need to provide coverage to at least 70 percent of their FTEs by 2015 and 95 percent by 2016. Employers who don’t comply will face penalties.

Moreover, as the job market continues to recover, employers who don’t offer coverage could find it more difficult to compete for qualified workers.

Still, the prospect of saving $9,500-plus per employee per year is enticing. The penalty, referred to as an “employer shared responsibility payment,” is a relatively small $2,000 per FTE, and the first 30 FTEs are exempt.

Although the penalty is not tax-deductible, it could be cheaper to drop health care coverage, use the savings to pay the penalty and then raise wages so that employees could buy their own coverage. That may be an attractive option for employers with a lower-wage workforce, but it could hurt recruitment and retention of higher-wage workers.

Employers who might consider dropping coverage for most employees but keeping it for the executive team also face problems. Federal nondiscrimination rules now bar insured and self-funded plans from covering only highly compensated employees.

These considerations raise a number of questions not easily resolved: What is the proper role of the employer with respect to employee health and health benefits? Are health benefits merely another form of compensation? Or should they be viewed in a different light? Those are questions that growing numbers of employers are wrestling with as they look ahead.

Teri Mullaney is president and CEO of DST Health Solutions LLC, whose software and services improve health plan efficiency and cost-effectiveness.

FMA Alliance Adds Wealth of Talent & Experience FMA Alliance, Ltd. (FMA) is excited to announce the addition of several key industry leaders to its ranks, as part of an ongoing effort to ensure company infrastructure remains ahead of its recent growth.

Patrick Koenig – Sr. Director of Information Technology. A 15-year collection industry IT professional, Patrick joins FMA with a solid and diverse technical skill set.

Starzette Grate – Director of Client Services. Starzette (Star) joins FMA with 25 years of hands-on collection expertise, and a wealth of industry knowledge.

Ray Pond – Director of Financial Services Operations. A collection industry professional with more than 32 years of experience, Ray brings his stellar reputation and exceptional work ethic to FMA’s expanding Operations Department.

Phillip Albert – National Sales Executive. Phillip is transitioning into a sales & marketing role after two years in FMA’s Operations and Quality Assurance Departments.

FMA is a privately owned receivables management company opened in 1983 and headquartered in Houston, Texas. Recently celebrating its 31st year anniversary, FMA has invested heavily into state-of-the-art technology, security and training, giving its employees the tools needed to be compliant, effective and efficient in today’s ever changing world of Receivables Management. FMA has won numerous awards for its customer and client services, and is constantly referred to as being easy to do business with.

CBE Companies to Bring 500 Jobs to New Braunfels

ACA of Texas’ newest member, CBE Customer Solutions, Inc. has announced the opening of its New Braunfels Operational Center. CBE Companies is a global business process outsourcing (BPO) organization offering third-party debt collections, first party collections, customer care and other services to its clients.



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]

Summer 2010 Southwest Collector Connector 35

The American Collectors Association of Texas is proud to support

ARMing Heroes, a new, non-profit orginization dedicated to helpingU.S. Military Veterans

arMing Heroes’ mission is to serve the needs of u.s. military veterans and theirfamilies by providing employment opportunities and other resources uniquely

available through the accounts receivable management industry.

Find out how you can help at www.armingheroes.org

“Courage is being scared to death but saddling up anyway.”

- John Wayne



and resources to defend the cases brought against them. When a debt collector takes a case to court and prevails, the debt collector will have the court grant their request in accordance with federal and state laws to be reimbursed for the attorney fees and court costs they incurred. Once this happens, the consumer who lost the case may be held solely responsible to reimburse the debt collector their legal costs, which can cost the consumer upwards of $10,000.

Increasingly, consumers with an account in collections are turning to the courts at the advice of attorneys seeking to exploit technicalities. As a result, the attorneys win, but consumers may unfortunately end up the losers. Consumers generally don’t want to talk to a debt collector, but it’s the best course of action to directly communicate with a creditor or debt collector, and work to resolve the matter at hand. While a consumer has a right to avoid contact or request that a debt collector not contact them, it never makes the debt go away, as it forces alternative actions such as credit reporting or potential lawsuits against the consumer.

In the end, consumer protection laws are in place to protect consumers, but they don’t serve their purpose when certain consumer attorneys exploit these laws in search of their own personal gain. It has and will always be best for consumers to attempt to work out a resolution of their debt directly with the

creditor or debt collector. If attempting to resolve their debt directly with a creditor or debt collector fails, or they feel their consumer rights have been violated, then seeking legal advice and potential legal representation is a viable option.

Nick Jarman is the COO for ACA International member Delta Outsource Group and he can be reached at [email protected]. This story was originally published as an Op/Ed contribution to Credit.com and does not necessarily represent the views of the company or its partners.

1 http://www.credit.com/debt/understanding-your-debt-collectionrights/?utm_source=Yahoo&utm_medium=content&utm_content=IB_1&utm_campaign=debt_collectors_wish_knew see also http://www.askdoctordebt.com/

2 http://www.credit.com/credit-law/fair-debt-collection-practicesact/?utm_source=Yahoo&utm_medium=content&utm_content=IB_2&utm_campaign=debt_collectors_wish_knew

3 http://www.credit.com/credit-scores/will-a-1099-c-hurt-my-credit-score/?utm_source=Yahoo&utm_medium=content&utm_content=IB_3&utm_campaign=debt_collectors_wish_knew

4 http://www.insidearm.com/opinion/substantial-sanctions-awarded-to-debt-collectors-in-recent-fdcpa-case/

5 http://www.credit.com/debt/collections-crash-course/?utm_source=Yahoo&utm_medium=content&utm_content=IB_5&utm_campaign=debt_collectors_wish_knew

6 http://www.credit.com/debt/ten-tips-for-negotiating-with-creditors/?utm_source=Yahoo&utm_medium=content&utm_content=IB_6&utm_campaign=debt_collectors_wish_knew

HiringOur HeroesAmerica’s military are returning home and need jobs! ACA has teamed up with Hiring Our Heroes, a free program that matches employers with veterans or military spouses. Find well-trained, prospective employees for your organization. Register at ww.hiringourheroes.org.


Index to AdvertisersACA International ........................44Arming Heroes ...............................40ArtJam Productions, Inc ..............40AVDS ...........................................10Billing Tree ....................................8Business Ink ................................36CDS Software ..............................33Columbia Ultimate ......................20CompuMail ...................................34DAKCS .......................................12EFT Network .................................16Focus One ....................................6Global Connect ...........................43Hiring Our Heroes ........................41IAT ...............................................30LexisNexis ...................................28Ontario Systems ...........................14Pathfinder/LL&D ...........................32Renkim .........................................18RevSpring ......................................2TECH LOCK ...................................4

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.

Membership Event PostingsThe 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.

We Need Your

HELP

No obligationNo commitmentNo risk

Drive First.sign Later.Forget yearlong commitments or minimum revenue guarantees. try the gC1 Peak Dialer during our Drive and sign event, and you’ll get the chance to try global Connect’s new hosted predictive dialer, without any fee or obligation.

Make the most of the featuresFrom our Administrator Dashboard to Inbound IVR with Skill-Based Routing, the GC1 Peak Dialer offers features designed to increase agent productivity.

Monitor the resultsOur detailed, real-time reports allow you to evaluate and improve each agent’s performance.

Break free of commitmentIf, at any time, the GC1 Peak Dialer cannot meet your needs or expectations, simply stop using the system, without fees, penalties or commitments.

Forget the strings that come with “sign and drive” dialers. Drive, then sign* with global Connect’s

* Only a basic user agreement - with no commitment, no obligations, and no risk - is required to use Global Connect’s GC1 Peak Dialer system.

PCi Compliant

A world of productivity

A world of savings

A world of results

Th e C lo u d I s o u r Wo r ld

8 8 8 - 4 2 1 - 4 1 5 1 g c 1 . c o m


No obligationNo commitmentNo risk

Drive First.sign Later.Forget yearlong commitments or minimum revenue guarantees. try the gC1 Peak Dialer during our Drive and sign event, and you’ll get the chance to try global Connect’s new hosted predictive dialer, without any fee or obligation.

Make the most of the featuresFrom our Administrator Dashboard to Inbound IVR with Skill-Based Routing, the GC1 Peak Dialer offers features designed to increase agent productivity.

Monitor the resultsOur detailed, real-time reports allow you to evaluate and improve each agent’s performance.

Break free of commitmentIf, at any time, the GC1 Peak Dialer cannot meet your needs or expectations, simply stop using the system, without fees, penalties or commitments.

Forget the strings that come with “sign and drive” dialers. Drive, then sign* with global Connect’s

* Only a basic user agreement - with no commitment, no obligations, and no risk - is required to use Global Connect’s GC1 Peak Dialer system.

PCi Compliant

A world of productivity

A world of savings

A world of results

Th e C lo u d I s o u r Wo r ld

8 8 8 - 4 2 1 - 4 1 5 1 g c 1 . c o m

Collectors Insurance AgencyA Subs id ia r y o f ACA In te rna t i ona l

If the Shoe Fits,Wear it! Running around looking for coverage that fits?

Collectors Insurance Agency and Nationwide will get you on track with an insurance program customized exclusively for ACA International members!

Contact us: (952) [email protected]

Products underwritten by Nationwide Mutual Insurance Company and Affiliated Companies. Home Office: Columbus, OH. Subject to underwriting guidelines, review, and approval. Products and

discounts not available to all persons in all states. Nationwide, the Nationwide Insurance framemark and On Your Side are service marks of Nationwide Mutual Insurance Company. © 2014.

About Nationwide: 24-hour claim service 365 days a year • A.M. Best rating of A+ • A Fortune 100 company

For coverage that fits, call CIA today at (952) 926-6547 or e-mail [email protected].

• Business Owners’ PolicyGeneral Liability (with personal injury for those in ACA’s E&O Program)

Business Property, including Business Interruption

• Business Auto • Umbrella Liability

• Workers’ Compensation

collector connector

Documents