Collector - October 2016 - 25

CLASS T he rules of business in the collection industry are constantly evolving. One minute you can use an automated dialer to call a consumer's cell phone; the next minute you can't. Collection agencies rely on their compliance departments and attorneys to guide them through these changes, as well as outside experts such as ACA International. But your clients, especially the smaller organizations, may not have the time or resources to dig into the ramifications of these legal and regulatory changes, which can lead to frustration when issues arise or your numbers aren't as high as they may have expected. "We typically find that the average client has very little knowledge of the compliance barriers facing the collections industry," said Harry Strausser III, IFCCE, MCE, president of The Remit Corporation. "Although medical facilities understand HIPAA and the importance of data security, and banks and credit unions have also fallen under the purview of the CFPB, they often don't understand our world." Targeted education efforts can bridge that gap, providing valuable benefits for both your agency and your clients. All involved parties, no matter their role, should understand the dynamics of the collection industry today. WHAT'S THE LESSON PLAN? There are two basic types of information you can provide your clients: updates on legal and regulatory issues that directly impact collection agencies, which can explain the reasons behind your business practices, and additional information on issues that directly impact creditors, which can help limit risk to both of your businesses. "We share with them events that are going on and current trends, and we make sure we point out to them that a consumer can sue their collection agency partner, and a consumer can also sue [the clients] at the same time," said Susan Glenzinski, vice president of operations for Creditors Collection Bureau Inc. "From what I've been reading, that is happening. We share information from reputable sources on all kinds of changes that are occurring, and recommend changes in policies and procedures that will help them comply, but that is never to be construed as legal advice." She said one of the hottest topics is the Telephone Consumer Protection Act. "We often hear, 'What do you mean you can't call consumers on their cell phones? How can they revoke their consent to get called?'" Glenzinski said. "I would say in our meetings and in our discussions with clients, that's the biggest thing they want to talk about because it can affect their recoveries. It brings good discussion. We can explain that trends show 65 percent of households are cell-phone-only consumers, and if we don't have cell phone permission on their consent forms we can't call them using our autodialer system. We are still making calls, but they are manual dials and not to the volume that you can call on an autodialer." Christian Lehr, chief operating officer of Healthcare Collectors LLC, agreed that many of his clients have been taken aback by the evolution of the TCPA. "We really had to go out and educate clients on getting permission," he said. "We also provided them with information from an ACA SearchPoint document on what language they could use to obtain consumers' prior express consent to receive an autodialed call on their cell phone." 25

Table of Contents for the Digital Edition of Collector - October 2016

President’s Page
Industry News
Best Practices
FYI
Collection Tips
Connect the Dots
Looking Deeper
Head of the Class
Calendar
Honor Roll
The Formula of Five
How to Create Winning Bids and Proposals
A Running Start
ACPAC Election Watch
ACA’s Industry Advancement Program Aids Eleventh Circuit Win for Member Company
Compliance
ACA SearchPoint
Last Word
Collector - October 2016 - Cover1
Collector - October 2016 - Cover2
Collector - October 2016 - 1
Collector - October 2016 - 2
Collector - October 2016 - President’s Page
Collector - October 2016 - Industry News
Collector - October 2016 - 5
Collector - October 2016 - 6
Collector - October 2016 - 7
Collector - October 2016 - Best Practices
Collector - October 2016 - 9
Collector - October 2016 - FYI
Collector - October 2016 - 11
Collector - October 2016 - Collection Tips
Collector - October 2016 - 13
Collector - October 2016 - Connect the Dots
Collector - October 2016 - 15
Collector - October 2016 - 16
Collector - October 2016 - 17
Collector - October 2016 - 18
Collector - October 2016 - 19
Collector - October 2016 - Looking Deeper
Collector - October 2016 - 21
Collector - October 2016 - 22
Collector - October 2016 - 23
Collector - October 2016 - Head of the Class
Collector - October 2016 - 25
Collector - October 2016 - 26
Collector - October 2016 - 27
Collector - October 2016 - Calendar
Collector - October 2016 - Honor Roll
Collector - October 2016 - The Formula of Five
Collector - October 2016 - 31
Collector - October 2016 - How to Create Winning Bids and Proposals
Collector - October 2016 - 33
Collector - October 2016 - 34
Collector - October 2016 - 35
Collector - October 2016 - A Running Start
Collector - October 2016 - 37
Collector - October 2016 - 38
Collector - October 2016 - 39
Collector - October 2016 - ACPAC Election Watch
Collector - October 2016 - 41
Collector - October 2016 - ACA’s Industry Advancement Program Aids Eleventh Circuit Win for Member Company
Collector - October 2016 - 43
Collector - October 2016 - Compliance
Collector - October 2016 - 45
Collector - October 2016 - ACA SearchPoint
Collector - October 2016 - 47
Collector - October 2016 - Last Word
Collector - October 2016 - Cover3
Collector - October 2016 - Cover4
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