In the last few years, collection suit numbers have soared and the CFPB has responded by closing or fining what they call “lawsuit mills.”
Still, most collection agencies follow the law and will still find a technological way to file large volumes of lawsuits without violating federal measures. Consumers will still end up losing by being subjected to aggressive yet absolutely legal tactics in the collection process.
This study was sponsored by Castel, a provider of solutions to call centers; furthermore, the experts interviewed have built successful businesses using call center technology. Therefore the focus on call solutions makes sense. We also understand that the TCPA is vague, that consent is an issue and that consumer attorneys are putting compliance teams on edge. As a licensed agency, we’re in the same boat. However times are changing, and it’s high time that we embrace the change.
What technology solutions is the discussion raising? Mostly solutions to manually dial phone numbers, maybe a way to place a voice mail without a ring. The discussion offers little other options other than the iterated duo: those who don’t believe in technology, and those who deem it too risky.
The school of “technology won’t work”
The collection industry has been around for decades, and many of the businesses that comprise it were started long ago by “old school” collectors. That’s why the following quote didn’t surprise us.
“We’ve looked at technology like online chat interface,” said Christian Lehr with Healthcare Collections in Phoenix. “But we haven’t moved forward because it’s a business decision, not a compliance decision. I’m not sure it is the best way to serve the consumer. Much like with emails or text messages, it can be hard to understand context. And there is a time lag for communication. We may be able to serve the consumer faster on a phone call.”
As a company that uses machine learning to develop hybrid collection systems that collect better than call centers, we understand the sentiment but beg to differ. We also have the data to back this disagreement. Not only are email, text and website more effective for collections (from 30% better to 5 times better for low balance debts), consumers prefer them. More than 50% of TrueAccord’s traffic is from mobile devices; more than 35% of payments are made on a mobile device; 25% of interactions with our system happen in non-FDCPA hours. If this isn’t a “better way to service customers”, what is?
The school of “we need permission”
Collectors have been trained by regulators and lawyers to be very compliance minded. This makes them pessimistic about any new technology that hasn’t been tested by courts and lawyers. We hear a lot of the following from agency leaders.
“The only way we can move forward and success is to embrace technologies that are available to us,” Strausser said. “We should be looking at contemporary means of communication and exploring how to pull the trigger when and we are granted approval.”
We’d like to challenge this approach from two directions.
First, when thinking about texting and emails, compliance minded collectors are worried agents on the floor are going to abuse these new tools. However email and texts can be pre-written, optimized, and sent at exactly the right moment. They actually present a much stronger compliance framework when handled properly.
Second, collectors won’t adopt new technologies without explicit approval form the CFPB, but hold on to old call center technology even though the FTC clearly signals it’s all but forbidden. Is explicit approval, which the CFPB rarely provides, the thing to stop us – or can we have an honest analysis of the FDCPA to show us what reasonably can and cannot be done? Are we holding on to old and challenged technology due to inertia?
Bottom line: progress
There is much to do in debt collection. Consumer expectations, client requirements and regulatory pressure are mounting. The right thing to do is take a hard look at the old ways of doing business, and realize that the days of hiring to fight turnover and living off thin margins are almost over. Technology can help us service consumers at scale, provide great customer service, and get results that are better than anything we’d forecast based on old paradigms. We are excited to partner with some of the biggest financial institutions in investigating this possible future.
Are you a member of the California Bar, or just interested in ethics in debt collection? Join and hear a talk by our General Counsel, Avital Gertner-Samet.
Date and Time: January 21, 2016, 11:45 a.m. to 1:00 p.m.
Committee secretary Avital Samet, General Counsel at TrueAccord, will lead the presentation covering potential ethical conflicts to be aware of and avoid while practicing debt collection law. The attorney’s loyalty and confidentiality duties to his client will be juxtaposed against the attorney’s duty as an officer of the court and duties owed to the consumer. These aspects are relevant both to third party and first party debt collectors as well as to counsels that advise to creditors and consumers alike.She will be joined by Matt Loker (Kazerouni Law Group, APC) and Jeffrey Ehrlich (Consumer Financial Protection Bureau).
To attend, please use the following dial-in number at 11:45 a.m.
TrueAccord has been refining the debt dispute process since our inception in 2013. Offering digital disputes streamlines the conversation between consumers and collectors while also reducing compliance risk. Engagement of consumers in debt-related discussions have decreased complaints quickly leading conversations into debt resolution.
Consumers who owe debts are often confused, angry and scared – sometimes unaware of the full details of what they owe and to whom. Though the FDCPA was written to protect the average American consumer, aspects of it, including the mini Miranda and debt validation notice are written in formal legalese. As a result, consumers filing a formal debt dispute tend to skip over reading the information or misunderstand the language, leading them to miss remedies immediately available to them. For example, consumers often miss the allotted 30-day dispute window after the initial communication, during which time they can dispute the debt, while asking for additional verification.
On September 9th the CFPB released consent orders for Encore Capital Group of San Diego, CA and Portfolio Recovery Associates (PRA) of Norfolk, VA following an investigation uncovering their attempts to collect debt that they knew or should have suspected were invalid. Hitting the US’s two largest debt buyers and collectors with a combined settlement of $72 million in refunds and penalties (as well as the inability to collect on an additional $128 million in debt) for using deceptive tactics, sends a clear message about best practices surrounding debt substantiation in the collections industry.
TrueAccord has been refining the debt dispute process since our inception in 2013. We’ve found that offering digital disputes streamlines the conversation between consumers and collectors while also reducing compliance risk. By encouraging consumers to stay engaged during the collections process, we’re creating an opportunity to discuss debt-related concerns. As a result, complaints decrease, leading conversations to move quickly into debt resolution.
The dispute process is as opaque to the collector as it is to the consumer. While respecting the 30-day window and not pressuring consumers to pay while the debt is in dispute, a collector is never quite sure whether a dispute is en route via the postal system. This leaves a long period – days and often weeks –in which the consumer knows that a dispute is “in the mail”– but the collector is still lawfully able to contact them. This creates an ambiguous situation that often leads to consumer complaints.
A gloom hangs over the debt collection industry. Between the recent FCC ruling and the decline of postal mail, there’s talk on the internet about the death of the debt collection industry, or at least its most popular tools. Now with the upcoming FTC-sponsored Debt Dialogue, the industry is preparing to get before regulators to discuss how business is being stifled amongst mounting costs and regulations. Sometimes we feel like an outdated robocall (*zing*) when we say that there’s a better way. Continue reading “Debt Collection is Dead, Long Live Debt Collection!”→
Earlier last week, I, along with TrueAccord’s CEO, Ohad Samet and general counsel, Avital Samet, attended the Association of Collections and Credit Professionals International (ACA) convention in Boston. Even though it was my third time attending the ACA convention; it was my first time attending as Head of Business Development for TrueAccord.
If you work in debt collection, attending the ACA conference is worth it. In addition to informative panels and the exhibit hall, there are a ton of networking opportunities. The collections industry is based on relationships and it is only through hallway conversations and drinks at end of day receptions that these relationships can be built. Continue reading “ACA International Convention & Expo 2015”→
Choice is inherent in the way we, as 21st century consumers, interact with our world. The choice to eat whatever we want. The choice to take whatever form of transportation we like. The choice to marry whomever we wish. The concept of choice in debt collection isn’t revolutionary; debt collection has always been linked to the consumer experience. Yet, recent crack downs on bad actors in the debt collection space by the CFPB, as well as the July 10th ruling from the FCC feels like an affirmation of how TrueAccord approaches debt collection. Continue reading “The FCC is Saying: Give Consumers Communication Choices”→
TrueAccord is a machine-learning and Al-driven 3rd-party debt collection company that is reinventing debt collection. We make debt collection empathetic and customer-focused and deliver a great user experience.
Our digital-first approach to debt collection creates a cycle of collections growth:
1. Improve the perception of the industry
2. Provide a personalized experience
3. Build brand equity and collect
