Debt Collection and the CFPB

By on January 14th, 2016 in Compliance, Industry Insights
CFPB

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.

Dial-in: (855) 520-7605

Passcode: 908 506 2381

The dispute process isn’t working for consumers – this is how we solve it

By on December 21st, 2015 in Compliance, Industry Insights
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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.

Read the excerpt and download the whitepaper for free.

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.

Top Three Reasons Lenders Shouldn’t Use Debt Sales (and Two Reasons They Should)

By on December 14th, 2015 in Industry Insights
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The online lending space is experiencing tremendous interest, leading to explosive growth and an influx of capital. Many companies grow overnight, raise big rounds of venture capital; vying for a piece of an increasingly competitive market. While top-line growth and customer acquisitions are top of mind for new and existing players, the increase of competition puts a lot of pressure on margins. When focus moves to profitability and unit economics, reducing defaults has a significant impact. After optimizing underwriting criteria, many lenders turn to optimizing collection and recovery strategy.

Now, there is a limited set of tools available to collection strategists, especially considering it’s a service that’s been around for millennia. Traditionally, companies collect in-house, outsource to an agency, sue debtors, or sell their debt (or any combination of the above). Are these tools efficient? Which ones are best? And specifically – should new lenders sell their debt?

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Three reasons your collection compliance officer will love machine learning based collections

By on December 8th, 2015 in Compliance, Industry Insights
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We’ve discussed the advantages of machine learning based collections before, that’s because cost to collect drops significantly, the system’s flexibility allows more thorough and diligent handling of accounts, and—when done well—is better at liquidation than a call center. These systems have another advantage: they inherently provide better collection compliance than call centers. Why?
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Three Reasons Collection Calls May Be Vanishing

By on November 17th, 2015 in Industry Insights
TrueAccord Blog

phones_blog2 The debt collection industry is under increased scrutiny; some say it’s under attack by consumer advocates and government regulators. Though this has been the situation for decades, detractors have had some notable successes in the past few years. Between the CFPB’s enforcement actions and the FCC’s recent ruling regarding consumer consent in phone communications, the key tenets of the industry are on shaky ground. With increased scrutiny on how consumers are contacted via phone, it’s hypothesized that collection calls will disappear from the collector’s toolbox (or be significantly reduced in volume, in favor of legal action).
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Every 21st Century Debt Collection Service Must Include These Three Features

By on November 10th, 2015 in Industry Insights
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What do collection vendor managers look for in a new collection service? A vendor manager often receives 3-5 pitches a week from new collection services. As it stands, onboarding a new service is difficult due to regulatory compliance while promises of better performance abound. Still, returns are often weak. Currently, technology is limited in the collections space, so the best thing a vendor manager can do is place accounts with a service for 4-6 months; inferring collection rates from monthly remittance reports.

This dynamic no longer makes sense. Technological progress means that debt collection can be a controlled and data-driven process. Being a modern collection service means using more sophisticated tools for better results. Now vendor managers can demand more of the next service that pitches them for their collections portfolio.
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Active Feedback in Practice

By on October 30th, 2015 in Industry Insights
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In July of this year, I published a post about the importance of feedback – making it part of a team’s day-to-day way of functioning and investing in training on how to give, receive and take it beyond managers and direct reports. Three months later, I am reflecting on how TrueAccord is working to implement these principles.

In TrueAccord’s June/mid-year round of employee performance reviews, the leadership team debated about whether to spend time getting peer and upward feedback. We ended up doing it, though mostly over email (I find in-person conversations with the feedback-giver more effective – but it takes more time).
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CFPB enforcement paints a new world in data requirements: don’t be caught unprepared

By on October 12th, 2015 in Compliance, Industry Insights
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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.

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