assistance with collection accounts

Carrollton, TX -- The CMI Group, an industry leader in first and third party collections headquartered in Carrollton, TX, recently completed its SAS 70 Type II audit.

In receiving the coveted “non-qualified” report, an independent auditor has verified that The CMI Group (www.thecmigroup.com) has proven controls and effective business practices relative to data security, financial transaction processing, vendor management, employee relations and operational excellence.

Tom Stockton, CEO of The CMI Group, said, “Since its inception CMI has strived to provide the most innovative services to our clients. We have also been committed to assuring our clients that they can trust our processes as well as the security of the data they supply to us. That’s why I am proud to add SAS 70 Type II certification to our PPMS certification as a means of demonstrating our continued commitment to excellence.”

The CMI Group utilized the Hampton Pryor Group, LLC(www.hamptonpryor.org) to prepare them for the audit. Carrie Finney, CFO of The CMI Group, said, “The Hampton Pryor Group has experience working with accounts receivable management companies, so their knowledge of the industry was helpful throughout the process.”

About The CMI Group
Celebrating 25 years in the accounts receivables management industry, The CMI Group is a leader in first and third part collections services. With operations centers in Carrollton, TX and Tempe, AZ, The CMI Group is proud to include some of the top utilities, medical facilities, and financial services providers on its impressive roster of satisfied clients. Their professional and innovative approach to the age-old problem of debt recovery results is exceptional operational efficiency and superior returns for clients.

Carrollton, TX - Southwest Credit Systems, L.P. a national provider of accounts receivable solutions, is proud to announce the addition of Sharell Weeams and Kathleen Eads to their management team.

Sharell Weeams, Director of Marketing and Client Management, will manage all marketing initiatives and maintain high-level client relationships.  She has 13 years of experience, which includes six years in the collections industry and four years of agency and corporate marketing experience.  Sharell holds a Master of Business Administration in Marketing Management from the University of Dallas and a Bachelor of Business Administration in Marketing from the University of North Texas.

Kathleen Eads, Manager of Client Services, will be responsible for overseeing the day-to-day management of the client services team and ensuring the highest level of service is provided to our clients at all times.  She has more than 20 years of experience in the credit and  collections industry working in several capacities, including 10 years of sales and marketing to top firms within the industry. Kathleen holds a Bachelors of Business Administration from the University of North Texas.

Founded in 1974, Southwest Credit Systems L.P. is a national provider of accounts receivable management services to small and large companies in the Communications, Education, Utility, Government, and Financial Services industries. Southwest Credit services consumer and commercial accounts along various stages of the credit and collection process.

Southwest Credit has a Better Business Bureau rating of A+. For more information contact 1.800.637.7439 or visit their website at www.sw-credit.com.

SAN FRANCISCO — LiveVox Inc., the leading provider of enterprise cloud-based consumer contact solutions, today announced that Stellar Recovery Inc., a leading receivables management firm, has leveraged the integrated IVR and on-demand payment lines of LiveVox that meet the security and privacy requirements of the Payments Card Industry (PCI) Data Security Standard.

Compared to site-premised hardware solutions, LiveVox simplifies contact center compliance, because organizations can leverage existing PCI compliant infrastructure and business processes. With even the newest contact center hardware, organizations are forced to invest precious resources to meet PCI compliance. This includes an ongoing focus on implementing, auditing, updating and maintaining compliant networks, infrastructure and change control processes. Several hosted vendors have also yet to achieve PCI security and procedure standards. 

“Contact centers are increasingly looking to gain efficiencies through automation, but at the same time security and compliance will always be primary concerns,” said John Schanck, Chairman/CEO, Stellar Recovery, Inc., a Kalispell, MT-based receivables management firm. “At Stellar, we leverage vendor partners that share our commitment to safety of consumer data. We can utilize the IT redundancy and process excellence of LiveVox to addresses the nuts-and-bolts of PCI compliance across multiple locations while focusing core resources on client service and business strategy.” 

The complexity of compliance increases at multi-site organizations where system redundancies, policies and audits must be duplicated at each location. PCI rules around payment lines are especially stringent with requirements around transmission, processing and storing of credit card data. By leveraging already PCI-compliant infrastructure deployed in the cloud, contact center operations and IT groups can shift resources to application deployment, vendor management, analytics and strategy. 

“Multi-site PCI compliance is difficult and expensive to obtain and time consuming to maintain,” said Louis Summe, Chief Executive Officer, LiveVox. “Contact centers never fully ‘outsource’ their commitment to security, but they require vendors who can facilitate compliance even as regulations change. Our more flexible infrastructure delivered from a carrier-class data center, enables us to develop GUI-based configuration tools that provide a simple path to multi-site compliance management.”

About Stellar Recovery
Stellar Recovery is an accounts receivable management company (ARM) servicing the financial services, telecommunications, utilities and retail industries. Stellar Recovery has customized processes, innovative technology and procedures that provide the information needed to maximize results. Based in Kalispell, MT, Stellar also operates in Denver. For more information, visit www.stellarrecoveryinc.com.

About LiveVox
LiveVox is the leading provider of enterprise cloud-based consumer contact solutions. LiveVox offers a patented platform with integrated IVR, ACD, call recording and automated dialing configurable by a single web-based GUI. The carrier-class solution includes web-based multi-site deployment, routing and controls that are pre-integrated with major VoIP standards and carriers, delivering capacity on demand. LiveVox is headquartered in San Francisco. For more information, visit www.livevox.com.

Kaulkin Media, through its flagship Web publication insideARM.com, announces the launch of a special editorial series on consumer complaints against accounts receivable management firms.

The Complaints Issue will be the first in a series of topic-focused content offerings dubbed “The Big Issues.” The series will feature articles, opinion pieces, infographics, videos, training & educational materials, and other types of informative content. Over the coming weeks, insideARM.com readers will learn more than they ever thought they could know about debt collection complaints.

“Our original reporting and coverage of ARM industry news changes every day and we recognize the importance of breaking news content to our audience,” said Michael Klozotsky, Managing Editor of insideARM.com.  “But we also perceived a lack of any in-depth, continuing content being produced on topics of real consequence to the credit and debt collection industry.”

Complaints against ARM firms and professionals are the stick pins used to skewer the debt collection industry like some exotic butterfly. Constantly referenced in the mainstream media, complaints against collectors have steadily increased over the past few years, according to data released annually by the Federal Trade Commission. But, as always, there is much more to the story, and all one has to do is dig a little deeper to reveal some misconstrued facts.

For example, the category of complaints that increased at the highest rate between 2007 and 2009 involves debt collectors failing to properly identify themselves on phone calls or written correspondence. Dubbed a “mini-Miranda” violation, failure to identify accounted for more than 21,000 complaints in 2009, up a staggering 1,612.5 percent from just 1,200 in 2007.  While mini-Miranda may still be violation of FDCPA, it’s certainly a technical violation.  But rather than investigate the actual harm done to consumers, most regulators, critics, and cranks choose to zero in on the percentage change rather than its real effects.

As a practical extension of insideARM.com’s mission to shift the public conversation about the ARM industry, The Complaints Issue will explore the subject of debt collection complaints beyond the standard headlines and conventional wisdom.  It will approach the topic from a wide range of insightful perspectives across the ARM industry.

The Big Issues format also speaks to insideARM.com’s dedication to bring the most credible news and information to the credit and debt collection industry.  And The Complaints Issue is another key ingredient in Kaulkin Media’s effort to lay out its goals in public.

“Almost any college student with a laptop, internet connection, and a rudimentary understanding of Google alerts could profess to run a collection industry news site/clipping service,” said Klozotsky.  “insideARM.com’s standards are higher, and our experienced team works hard to produce intelligent, creative, and credibly sourced information vital to ARM business owners and front line employees alike.”  Klozotsky continued, “The Complaints Issue aims to be an innovative departure from anything currently being published in the ARM industry.”

insideARM.com’s loyal readers will still get the best and most timely news on a daily basis through The ARM Insider email newsletter. But now there will be more substance on the topic of complaints.

For more information about The Complaints Issue visit http://www.insidearm.com/thecomplaintsissue/. 

To complain about insideARM.com please contact Michael Klozotsky, Managing Editor.

MINNEAPOLIS -- The International Association of Commercial Collectors, Inc. (IACC) Board of Directors is pleased to announce the 10th anniversary of its IACC Agency Certification Program. Offering members another step in quality assurance, obtaining this objective, third-party designation demonstrates an agency’s commitment to compliance and the highest standard of operations.

In August 2000, after three years of discussion with members and careful development, the IACC Board of Directors introduced the program, offering IACC members the chance to demonstrate their devotion to quality collection services.

“Far from being a simple marketing tool, a designation in name only, certification offers creditors substantive evidence of an agency's compliance with the highest standards in the industry," said Louis Figueroa, president of Credit Decisions International, Inc. in Elk Grove Village, Ill., IACC member and one of the first agencies to be certified through the program.

While meeting the membership requirements for IACC indicates that an agency is self-committed to quality, taking the additional step of attaining IACC certification indicates that a third-party has reviewed the agency’s operations and that the agency meets or exceeds the program’s standard operational guidelines.

Another important aspect of the IACC Agency Certification Program is that it is ongoing. Members must provide documentation on an annual basis supporting the program’s various requirements to maintain their certified status.

“There was value from both the standpoint of marketing and internal operations. It was a no brainer for us, we knew the value was there and realized that value as soon as we could,” said Tom Haag, president of State Collection Service, Inc. in Madison, Wis., IACC member and also one of the first to receive the certification.

In celebration of this 10-year mark, IACC would like to recognize all of the currently certified agencies who have worked hard to reach and maintain this designation. Congratulations to the following:

The Bessenbacher Co.
Kansas City, Mo.
www.bessenbacher.com

Cedar Financial
Calabasas, Calif.
www.cedarfinancial.com

Commercial Collection Corp. of NY
Tonawanda, N.Y.
http://www.commercialcollection.com

Credit Decisions International Ltd.
Elk Grove Village, Ill.
www.creditdecisions.com

Johnson, Morgan & White
Boca Raton, Fla.
www.jmandw.com

Joseph, Mann & Creed
Shaker Heights, Ohio
www.jmcbiz.com

McCarthy, Burgess & Wolff
Cleveland
www.mbandw.com

Priority Credit Recovery Inc.
Edmonton, AB, Canada
www.prioritycredit.ca

PRO Consulting Services, Inc.
Houston
www.proconsrv.com

Randall & Richards, Inc.
Tucson, Ariz.
www.rrcollections.com

Ross, Stuart & Dawson, Inc.
Auburn Hills, Mich.
www.rsdcollects.com

State Collection Service, Inc.
Madison, Wisc.
www.statecollectionservice.com

Windham Professionals, Inc.
Salem, N.H.
www.windhampros.com 

To find how your agency can work toward this designation, e-mail iacc@commercialcollector.com or call +1(952) 925-0760

Link Financial Group (“Link”), the leading European receivables management company, is today pleased to announce the appointment of Marco Angheben as Project Director in its expanding advisory team.

Marco has 10 years’ experience in the financial and regulatory world with a specific focus on structured finance. He previously was Director at the Association for Financial Markets in Europe in the European Securitisation Forum division dealing with central banks, security regulators and policy makers from across Europe. He has been at the forefront of various industry transparency initiatives creating reporting standards and increasing data availability. He has also been actively engaged in a number of expert groups working towards improving consistency for structured finance transactions and a speaker at many industry events and workshops.

Marco will initially be working on the ABS loan level data project to assist the European Central Bank (ECB) in developing a data handling infrastructure and delivering detailed loan level reporting templates across asset classes. These are some of  the initiatives that are aimed at restoring confidence in the European financial markets by providing  market participants with greater transparency which in turn  will improve their overall risk controls.

Philippe Paillart, Chairman of Link Financial Group, commented, “We are seeing increasing demand for the services of our advisory division from clients in areas ranging from our core business in NPLs right across the wider consumer and commercial loan markets. Marco provides a huge boost to the expertise in our practice advising governments and regulatory agencies in the UK and the other major EU economies.”

Paul Burdell, CEO of Link, added: “Marco has a wealth of experience in dealing with market practice, legal and regulatory matters in structured finance, and I am very pleased to be working alongside him. Link will benefit from the additional complementary skills and knowledge he will bring on both operational and business development fronts, particularly in the German, Irish, Italian and Spanish markets where Link is currently operating.”

Marco commented on his appointment: “I am very pleased to be joining Link and working with Paul, particularly in assisting the ECB on this fundamentally important and groundbreaking new project.”

Link Financial is a leading European purchaser and servicer of performing and non-performing receivables. Link partners with most of Europe's major lenders, manages a portfolio exceeding €5 billion and employs over 500 people in contact centres in the UK and across Continental Europe.

Formed in 1998, we are one of the founding members of our industry and have remained constantly at the forefront of innovation in the markets we serve. Our proprietary operational platform allows us to service a range of asset types from within and outside the financial services industry.

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.

Paul D. Stickney, magistrate judge in the U.S. District Court for the Northern District of Texas, wrote in his findings, conclusions and recommendations to the District Court that Craig Cunningham’s case against The CMI Group, based in Carrollton, Texas, had “no genuine issues of material fact” and should be dismissed. He further recommended a finding that Cunningham filed the action in bad faith and for purposes of harassment and that CMI should be awarded reasonable attorney’s fees.

Cunningham sued CMI in August 2009 alleging that in the course of attempting to collect a debt originating with Time Warner, the ARM firm had violated the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), the Texas Debt Collection Act and the Texas Deceptive Trade Practices Act. Specifically, Cunningham claimed CMI had made false and misleading statements, threatened to take an action that cannot legally be taken, failed to cease communication after receiving notice, failed to validate debt upon request, and contacted him at an inconvenient time and place.

Using frank and direct language, Judge Stickney shot down each of Cunningham’s claims.

Stickney’s recommendations, filed on Monday, will be sent to a District Court Judge for final approval.

“We’re obviously very pleased with the way the case has gone so far,” Thomas Stockton, Chairman and CEO of CMI, told insideARM.com.

Cunningham has made a name for himself in recent years as a consumer that “turns the tables” on debt collection agencies by aggressively filing suit for FDCPA claims, and teaching others how to follow his lead. He has written numerous articles on the Internet guiding debtors through the steps they should take to sue collectors, and In January he was favorably spotlighted in a lengthy feature in the Dallas Observer which called him “a radical enemy of the banking system.” His case against CMI was discussed in the article; Cunningham claimed he was going after the company for $200,000.

Stickney noted Cunningham’s writings in his recommendations. When discussing whether Cunningham acted in bad faith filing the suit, Stickney wrote, “Plaintiff offers himself as an ‘angry and litigious consumer’ and an expert in debt collection. Plaintiff also authors articles on how to sue debt collection companies for profit.”

Debt collection agencies are often faced with a difficult choice when sued on FDCPA claims. Defending a case is often far more expensive than settling up front, a fact that consumer attorneys and pro se litigants know all too well. But there is a growing movement in the ARM industry for companies to defend cases that they see as frivolous.

“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, a sister company of insideARM.com. “Some tactics they use are deplorable, and everyone should know about it.”

CMI noted that in their case, Cunningham deployed some questionable tactics he preaches.

After the initial round of discovery, Cunningham amended his complaint to include 28 of CMI’s employees, regardless of whether the employees handled his account, according to CMI General Counsel Chris Meier.  “Cunningham claimed that each of the named defendants had violated at least one of the laws set forth in his complaint, but it was clear from the articles Cunningham had published that he had ulterior motives—to increase CMI’s legal fees by increasing the workload of its retained counsel, Robbie Malone,” said Meier.  Meier noted that Cunningham called Malone 2-3 times each day despite having no new information to discuss. 

Stickney noted that the court found the most offense with this behavior. “Most worrisome to the Court, Plaintiff took actions in bad faith in attempt to multiply his claims. Plaintiff repeatedly called Defendants in an attempt to multiply his claims under the FDCPA, asking questions in hope that he could construe the answer as a false misrepresentation,” Stickney wrote.

According to CMI, the opinion -- which will likely be published if accepted by the District Court judge -- contains very favorable case law. First, the magistrate states that a collection agency does not “threaten” a consumer with credit reporting if it is merely responding to a direct inquiry.  Second, the magistrate addresses Cunningham’s allegations that CMI failed to provide verification of the debt by stating, “While the FDCPA does give debtors an opportunity to dispute the validity of a debt, it does not give a ‘debtor’s veto’ that allows debtors to cease all collection efforts by rejecting a debt collector’s verification.”  Third, the magistrate held that 15 U.S.C. §1692c’s prohibition on calls at an inconvenient time or place did not apply to calls on Cunningham’s cell phones merely because he deemed them “inconvenient.”  Fourth, and perhaps most importantly according to CMI, the magistrate held on the TCPA matter that (a) prior express consent is imputed to a debt collector if it is previously given to a creditor and (b) any revocation of such consent must be done in writing, not verbally as attempted by Cunningham.