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Breaking News

Hunstein Cases Are Pouring In: What the Allegations Look Like

Steel Rose

A week since Hunstein was decided over a dozen class action filings have poured in. Names like Portfolio Recovery Associates, Financial Recovery Services, Allianceone Receivables Management, Jefferson Capital Systems and Convergent Outsourcing have all been hit in putative class actions early in the week– I have a pile more complaints that I have yet...


The Bottom Line

Product Spotlight

CSS Product Spotlight

Henry Gardner

CSS, Inc., a leading provider of enterprise class accounts receivable management and financial software offers a broad portfolio of platforms & solutions. CSS enables companies to transition their legacy revenue & payment management systems to a modern, cognitive, centralized, cloud-based Financial Ecosystem®. CSS may be utilized to provide business financial...


Skip Tracing Advisor

Developing a Network of Closed Sources by Ron Brown, Skip Tr…

Ron Brown

As we begin this article it is very important that the professional tracer clearly understand what constitutes a “CLOSED SOURCE”, the value of a closed source network and the obligation due to each closed source. Definition: CLOSED SOURCE… sources of information with restricted access and information available only through mutual information...


Collection Software Roundtables

Shielding Collectors From TCPA and FDCPA Violations

Joshua Fluegel

The demands of regulators lead collection professionals to collect debt with the credo of “as little contact with the consumer as possible.” Every eliminated encounter with a consumer while the payment is still being collected is one less chance for a TCPA or FDCPA violation. For this reason many accounts...


Feature Stories

Derogatory remarks remain on your credit reports for about s…

Steel Rose

Derogatory remarks can remain on your credit reports for about seven years. It takes time to make them disappear. The remarks will have less influence on your credit scores over time — and will even fall off eventually. Creditors, such as credit card issuers, mortgage lenders and student loan servicers, regularly send...


Collection Agency Advisor

The Secret to Excelling in Profit AND Performance

Gordon C. Beck III

To each their own. That’s what I keep telling myself when discussing with my competitors what their strategy is to run and operate a successful collection agency. Everyone’s outlook is different, but the same. Sure, everyone wants to be a top agency, that’s what everyone is supposed to say. But...


Legal Collection Advisor

Executive Orders Impacting Collections

Michael Starzec

No, this is not a review of the 1996 thriller starring Kurt Russell, Halle Berry and Steven Seagal but it does focus on the prestige of the word “Executive.”   At hotels and sports arenas, you want the executive suite. In Illinois, at least a 1,000 corporations integrate “executive” into their...


Collection Industry Advisor

3 Options to Offer During Tax Season

Nick Jarman

When it comes to collecting debt, tax season is without argument the most profitable season of the year. Tax season starts at the beginning of February and wraps up in early May. February generally sees the highest return and slightly tapers off each month thereafter. One issue that can ease...


Compliance Advisor

PCI Compliance, SOC, and HITRUST

Debra J. Ciskey

With the June, 2019, disclosure of a data breach at AMCA looming large in the rearview mirror, debt collectors both large and small are scrambling to verify the security of their consumer portals and their consumer information in general. With numerous vendors and auditors serving the industry in this key...


Legal Training: What You Absolutely Must Know

  • Written by Harry A. Strausser III

strausser harryThe early days of the FDCPA brought with it enormous changes in the way third party debt collectors did business. Members of the ARM industry had to interpret the new mandates of the FTC in 1978 and coordinate substantial operational changes to adjust to the new regulatory environment. We focused on what the Act “told us” we had to do. As the years unfolded, we turned our attention away from the narratives in the FDCPA content to decisions that were made in courts based on suits filed against collection firms by consumer lawyers. Case law paved the way for change as new opinions flooded the courts.

Today, we continue to make changes and adaptions to our collection cultures based on the steady flow of case law. The CFPB’s new Rules, however, will take us back to a time of foundational change in the way we do business. It brings with it new challenges as well as enhanced opportunities to communicate using contemporary technologies. With this change, we will have to educate our team players on all levels. What is your plan?

Much of the training we offer staff members is compliance related. Although there is much good that comes out of collection techniques training, we tend to focus more on the rules than on the polishing of approaches. With the impending compliance changes, we want to be sure that we train our team on the items that pertain to their daily work role. They don’t need to know everything. In fact, sometimes we overload our team with information they just don’t need.

My good friend, Debra Ciskey, industry training expert and Receivables Advisor columnist, has often commented in her programs about how trainers frequently make the mistake of trying to educate staff on everything instead of focusing on key issues. We need to segment training topics into:

• Absolutely must know
• Good to know
• Know where to find the answer

Absolutely Must Know

If you plan to change collector talk offs and approaches based on the new rules, then we need to be very clear about those expectations. Anything that impacts the collector directly with their consumer interactions would be a very high level of importance. These are dynamics that are present in most if not all communications.

Good to Know

On the next level would be topics that might not impact what the front- line staff member does every day but it is good background information for reference. If your collection system is going to limit consumer communications to a given number per week, the collector should know that and why. If there is a change in the content of written communications, sharing that content may be enlightening. If you plan to leverage email and text communications, the execution of those communications may be a good topic to share with your staff.

Know Where to Find the Answer

Often, there are scores of topics related to successful, compliant and legal collections that are in the background and not necessarily required to be part of training updates. Many firms have developed robust intranet access to a variety of documents that provide answers to common questions or direction where to go to obtain the right answer internally. Much content can fall into this area. Make it easy for staff to find these answers on their own!

Start thinking about how the legal and regulatory front will be altered and begin the formation of outlines for educational programs. As final rules and opinions become clear you will be ready to hit “GO” on your training and ensure success with your team!

We continually welcome thoughts and best practices from our readers. Feel free to send us your feedback for possible inclusion in a future column. Until next time, I’m at my ACA Office waiting to hear from you!

Harry A. Strausser III is the Director of Education and Membership Development at ACA International and can be reached at Harry can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it..