I will be speaking on the topic of “negotiating styles” at the Government Revenue Collection Association’s annual conference being held September 7-9, 2011, in St.Louis, Missouri.

 Presentation Topic: Unlocking the Hidden Power of Your Negotiating Style

Date: September 8, 2011

Time: Part 1 – 2:05pm - 3pm | Part 2 – 3:15pm – 4:30pm

Sponsor: Government Revenue Collection Association

Venue: Hilton at the Ballpark

Registration Info: Click here to register.

Each week we bring you 10 of our most favorite stories from around the industry.

Week of October 31, 2010

1. Debt Collectors Face a Hazard: Writer’s Cramp

(New York Times, 10/31/10)

When Michael Gazzarato took a job that required him to sign hundreds of affidavits in a single day, he had one demand for his employer: a much better pen.”

2. Collection Lawyer Deanna Natale facing disciplinary hearing

(CNW, 10/31/10)

Markham lawyer Deanna Natale, daughter of former federal Liberal cabinet minister Judy Sgro, is scheduled to appear before a disciplinary hearing in connection with her law firm’s high-volume debt collection practice.”

3. Amherst man faces prison for selling debtor data

(BuffaloNews.com, 10/30/10)

An Amherst man faces up to 10 years in prison and a$250,000 fine for selling debtor information that was bank property, U. S. Attorney William J. Hochul Jr. said Friday.”

4. Pa. accuses debt company of deceiving consumers

(BloomburgBusinessweek, 10/29/10)

A debt collection agency used phony hearings in a room decorated to look like a courtroom to collect money from unsuspecting consumers, according to a lawsuit filed Friday against the company by Pennsylvania.”

5. Uptick in collection industry lawsuits

(Credit & Collections Risk, 10/28/10)

Fair Debt Collection Practices Act (FDCPA) lawsuits rose slightly to 455 in the Oct. 1-15 period compared to 441 in the last half of September, according to data from U.S. District Courts..”

6. Second man admits selling debtor info

(WIVB.com, 10/29/10)

U.S. Attorney William J. Hochul, Jr. announced today that Thomas Rice, 37, of Amherst, New York, pleaded guilty before Chief U.S. District Judge William J. Skretny to a felony charge of sale of debtor information which was property that belonged to a bank. This offense carries a maximum penalty of ten years in prison, a fine of $250,000 or both.”

7. Flaws Seen in IRS Decision To Fire Debt-Collection Agencies

(NASDAQ, 10/26/10)

The U.S. Internal Revenue Service may have relied on flawed data when it decided in 2009 to end the use of private agencies to collect tax debts, a government auditor said Tuesday.”

8. Collection Agency Raises Over $15,000 for Making Strides Against Breast Cancer

(PRLog, 10/25/10)

American Profit Recovery, a collection agency based in Michigan, Massachusetts and North Carolina, recently participated in the Making Strides Against Breast Cancer walks in three cities and raised a total of $15,500 for their efforts. Over $10,000 of the company’s fundraising total was donated by the company’s ownership.”

9. Better Business Bureau Warns Against Debt Collection Scheme

(NBC4i, 11/01/10)

The Better Business Bureau is warning consumers to be on the alert for scam artists posing as collectors of nonexistent payday loan debts. The scammers typically call consumers and threaten them with legal action or arrest unless the victims authorize immediate payments from their bank accounts.”

10. Just how long does that black mark stay on your credit report?

(KOMO News, 11/1/10)

It’s scary when you can’t pay your bills, and when creditors are calling and sending you those threatening letters. But it’s important to know long that debt stays on your credit report.”

• CAN-SPAM Act
• Electronic Funds Transfer Act (EFTA)
• Fair Debt Collection Practices Act (FDCPA), FTC Staff Opinion Letters on the FDCPA, FTC Staff Commentary on the FDCPA
• Fair Credit Reporting Act (FCRA)
• Federal Information Security Management Act (FISMA)
• Gramm-Leach-Bliley Act (GLBA)
• Health Insurance Portability and Accountability Act (HIPAA)
• PCI-DSS
• Red Flags Rule
• Servicemembers Civil Relief Act (SCRA)
• Telephone Consumer Protection Act (TCPA)
• Truth in Lending Act (TILA)
• U.S. Bankruptcy Code

Each week we bring you 10 of our most favorite stories from around the industry.

Week of August 22, 2010

1. BBB Warns About Bogus Debt Collectors; Local Woman Targeted

(KWTX.com, 08/27/10)

The Better Business Bureau issued a bulletin Friday warning about phony debt collection callers who claim to be from the Kentucky-based payday loan company U.S. Cash Advance.”

2. HEPSEN v. J.C. CHRISTENSEN AND ASSOCIATES, INC.

(Leagle.com, 08/25/10)

This appeal concerns an award of attorneys’ fees under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. After a one-day bench trial before a magistrate judge, Defendant J.C. Christensen and Associates, Inc. (“Christensen”), was found to have committed two violations of the FDCPA. The magistrate judge awarded Plaintiff Ahmet Hepsen (“Hepsen”) $500 in statutory damages. Having prevailed in his FDCPA action, Hepsen filed a motion for an award of attorneys’ fees under the FDCPA. At the time the magistrate judge ruled on the motion, Hepsen sought $54,273.50 in attorneys’ fees. Hepsen did not receive the requested $54,273.50..”

3. Debt collector accused of continuing to run an agency from prison

(Buffalo News, 08/25/10)

A Lancaster man imprisoned on a parole violation has been accused by Attorney General Andrew M. Cuomo of illegally operating his Buffalo debt collection agency from federal prison.

4. Ramos bill would set criteria for reporting outstanding health care debt

(NJ.com, 08/24/10)

Hoboken Assemblyman Ruben Ramos Jr. will introduce legislation that would require health care providers to notify patients with outstanding debt before reporting them to a private collection agency or consumer reporting agency.”

5. City approves new system to collect unpaid taxes

(Lancaster Eagle Gazette, 08/24/10)

Lancaster will enter into a new agreement with a tax collection agency in an effort to acquire money owed to the city, but not paid.”

6. Lawsuits Filed Against Agencies, Creditors Decline

(Credit & Collections Risk, 08/24/10)

The number of collection agencies and creditors sued between August 1-15 totaled 426, down from 488 sued in the July 16-31 period, but up from 389 in the first half of July, according to data from U.S. District Courts.”

7. Collection Agencies Maintain Growth Posture in Tough Economy

(insideARM.com, 08/18/10)

An increase in placements and portfolio supply has prompted collection agencies and debt buyers to hire people recently. Meanwhile, the performance outlook for the ARM industry remains strained.”

8. Kaulkin Gingsberg’s Michael Lamm asks, “What is Your “Plan of Attack”?

(insideARM.com, 08/24/10)

I love the summer. Who doesn’t?  It is a great time to be with your family and friends and to be outside if it is not 100 degrees and humid, like it has been in the Philadelphia area recently!  It is also a good time to reflect on how the year has been going with your debt collection agency, and to figure out your “plan of attack” for the remainder of the year and 2011.”

9. Final Changes Restricting Credit Cards will have Lingering Impact on ARM

(insideARM.com, 08/23/10)

The rules of the game governing credit cards are changing yet again, as the final provisions of federal legislation involving credit card interest rates and fees went into effect yesterday. The big buzz this is creating is centered on credit card interest rates reaching a nine-year high, expected to go up even further in light of these new restrictions.”

10. TOTAL U.S. BANKRUPTCIES IN FIRST HALF OF 2010 UP 14 PERCENT OVER FIRST HALF OF 2009

(American Bankruptcy Institute press release, 08/17/10)

The total number of U.S. bankruptcies filed during the first six months of 2010 increased 14 percent over the same six-month period in 2009, according to data released today by the Administrative Office of the U.S. Courts. Total filings reached 810,209 during the first half of the calendar year of 2010 (January 1-June 30), compared to 711,550 cases filed over the same period in 2009. The totals represent the highest number of filings for the first six months of a calendar year since 2005, when the Bankruptcy Code was amended.”

Each week we bring you 10 of our most favorite stories from around the industry.

Week of August 15, 2010

1. ‘The Huckebee Show’ Features ‘Debt Collectors Gone Wild’ (VIDEO)

(TVSquad.com, 08/17/10)

The Huckebee Show‘ (weekdays, syndicated) on Tuesday featured the cautionary tale of Michelle Minton. The mother of two young children received a call from a bill collector — who also represented himself as a lawyer — claiming she owed $4,500.”

2. Judgments Are Not Worth The Paper They’re Printed On

(JD SUPRA, 08/19/10)

The current economic crisis is making the debt collectors scared. When there’s no money to put food on the table, even a favorable judgment through the courts means nothing. The judgment by itself doesn’t get you paid, according to Cincinnati debt collection law firm Slovin & Associates partner Randy Slovin.”

You can download a .pdf copy of the story here.

3. Minnesota orders debt collector out of business

(Star Tribue, 08/19/10)

A Wayzata debt collector who allegedly told a debtor “I will hunt you down like a dog” was ordered by state regulators to cease operations in Minnesota.”

4. Local debt-collection business expands to Sartell

(sctimes.com, 08/19/10)

A local debt collector’s business is booming — and its space is growing along with it.  Array Services is building a new home for one of its companies, ProSource Billing. Later this fall it will move into a new 23,000-square-foot facility in Sartell. Construction has already begun.”

5. SMITH v. ARROW FINANCIAL SERVICES, LLC

(Leagle.com, 08/17/10)

This is a Fair Debt Collection Practices Act (“FDCPA”) case in which Plaintiff Pamela E. Smith alleges that Defendant violated provisions of the Act through three voicemail messages and one email exchange. Defendant’s position is that both the voicemails and emails were left or sent in response to a specific request by Plaintiff at least a year into an ongoing and regular communication between Plaintiff and Defendant, and therefore were not in violation of the Act.”

6. Five men detained over debt collection released

(IrishTimes.com, 08/19/10)

FIVE MEN arrested by gardaí investigating aggressive debt collecting practices in the building trade in Dublin have been released without charge.”

7. Actions taken by debt collection agencies are limited by law in Oklahoma

(NewsOK, 08/18/10)

Seniors, beware. If you’re being harassed by calls from debt collectors, don’t be bullied into paying anything before knowing the law. In Oklahoma, the statute of limitations on most debt is three years and if you pay even as little as $5 on an old debt, you’ll reset the clock.”

8. Collection effort pays off

(TribToday.com, 08/18/10)

Warren’s debt collection agency has netted nearly $340,000 for city coffers since it started working on delinquent accounts four months ago.”

9. ANCHONDO v. ANDERSON, CRENSHAW & ASSOCIATES, L.L.C.

(Leagle.com, 08/16/10)

Defendant Anderson, Crenshaw & Associates, L.L.C. (ACA) appeals from a district court order awarding plaintiff Elsa Anchondo $63,333.52 in attorney fees, gross receipts tax, and costs under 15 U.S.C. § 1692k(a) after ACA agreed to a settlement in favor of Ms. Anchondo and the class she represents on their claims against ACA under the Fair Debt Collection Practices Act (FDCPA). ACA contends the district court erred in certain respects in determining the amount of the attorney fee award. We review the district court’s award for an abuse of discretion, see, e.g., Jane L. v. Bangerter, 61 F.3d 1505, 1509 (10th Cir. 1995), and affirm for the reasons expressed below.”

10. Collection Agency Opens Case On Anthony’s Court Debt

(WESH.com, 08/17/10)

ORLANDO, Fla. — Court records show that a collection agency has opened a case to recover money Casey Anthony owes on her theft case.”

Each week we bring you 10 of our most favorite stories from around the industry.

Week of August 1, 2010

1. ‘Debt tagging’ by collection agencies a growing problem

(The Washington Post, 08/08/10)

Is it true that debt collectors are increasingly trying to collect from the wrong people?

2. Seminar on helping small businesses collect debts to be held in Massena, NY in September

(North Country Now, 08/07/10)

Northern Asset Recovery will be offering a seminar designed to assist small businesses in collecting their debts.”

3. NCLC Releases Report on “The Debt Collection Machine”

(ACA International, 08/06/10)

The National Consumer Law Center recently released a report claiming that the collection industry treats consumers unfairly and burdens the court systems.

4. Mickey Rourke – Rourke Nearly Shot Man As Debt Collector

(Contactmusic.com, 08/07/10)

Hollywood tough guy MICKEY ROURKE nearly shot a man during his work as a debt collector, when his gun misfired during a heated exchange with a delinquent borrower.”

5. Martin Sher of Birmingham Takes the Gavel as President of International Trade Association

(PRWeb.com, 08/06/10)

Martin Sher, a Birmingham, Ala businessman has been named the 2010-2011 president of ACA International, the association of credit and collection professionals. Sher, co-owner with his brother David of AmSher Receivables Management, assumed the president’s gavel in July at the ACA International Convention in Washington D.C.”

6. Richmond Using Collection Agency for $3M in Unpaid Tickets

(WTVR.com, 08/06/10)

The City of Richmond, Virginia is chasing down $3 million in unpaid parking tickets.
 

7. Collector sued after sending fax to debtor’s employer

(The Southeast Texas Record, 08/05/10)

According to court records, Check Recovery Services sent a fax to [David] Oefelein’s work requesting verification of his employment which included his full social security number. The plaintiff states he was embarrassed that this was sent to his work and also concerned that the information contained his social security number.”

8. Guns don’t kill people, debt collectors kill people?

(insideARM.com, 08/06/10)

Are debt collectors to blame for the recent shootings that left eight people dead in Hartford, Connecticut?

9. Are your collectors a data security risk?

(insideARM.com, 08/03/10)

collector mentor editor Gary Jensen shares some tips on how collection agencies can prevent employee dishonesty.

10. Collection Agency Receives Readership Poll Award

(PRLog.com, 08/04/10)

American Profit Recovery, a collection agency based in Michigan, Massachusetts and North Carolina, recently received the Banker & Tradesman’s First Place Gold Award in the Banking Section/Asset Recovery category for their 2010 readership poll. The award recipients were determined in the BEST OF Banker & Tradesman Poll where readers voted from April 30th – July 2nd to determine who they believe to be the best providers.”

Each week we bring you 10 of our most favorite stories from around the industry.

Week of July 25, 2010

1. Facebook makes debt collection sweet for creditors

(Business Daily Africa, 08/02/10)

Collectors overseas harness the power of Facebook.

2. Lawsuits Against Agencies, Creditors Down In Early July

(Credit & Collections Risk, 07/30/10)

Is the decline in lawsuits only temporary?

3. CSA Diploma winners celebrate at awards day

(Business Credit Management UK, 07/29/10)

Seventy-two industry professionals successfully passed the UK’s leading accredited credit and collection training program.

4. Portfolio Recovery, Asset Acceptance Q2 Profits Beat

(Rueters.com, 07/29/10)

Two collection agencies beat expectations for second quarter earnings.

5. Laguna Beach hospital chief was also its debt collector

(California Watch, 07/29/10)

Conflict of interest, yes or no? You be the judge. Share your thoughts in the comments section.

6. Could the Bureau of Consumer Financial Protection be Positive for Collectors?

(insideARM.com, 07/29/10)

Kaulkin Media president Stephanie Eidelman shares her opinion on the highly anticipated BCFP.

7. Debt collection firm Affiliated Group to add up to 60 employees

(Post-Bulletin, 07/28/10)

A Rochester, Minnesota collection agency lands large municipal government contract; has plans to hire 30 new employees by the end of September.

8. New York Debt Collector Settles Wrongful Collection Charges

(Credit & Collections Risk, 07/27/10)

New York Attorney General Andrew Cuomo settles with yet another collection agency. This time: $125,000.

9. Terminally ill Jupiter Farms woman behind on home loan alleges collector taunted, harassed her

(The Palm Beach Post, 07/25/10)

Collection calls regarding a past due mortgage cause woman terminally ill with brain cancer to collapse in front yard.

10. insideARM.com Appoints Forward Thinking Editorial Board

(insideARM.com, 07/28/10)

With its eyes set on shifting the public conversation about the ARM industry, insideARM.comrecently unveiled a 16 member editorial board to help ensure a balanced perspective.

Each week we bring you 10 of our most favorite stories from around the industry.

Week of June 27, 2010

1. 11 arrested in Taipei for debt collection, betting operations

(The China Post 07/02/10)

The Criminal Investigation Bureau busts gang of illegal collectors and uncovers “… machetes, hammers, wooden sticks, and instant glue, among other items, which were used to assault debtors who failed to return loan fees … “. 

2. DebtCollector Harrasses, Threatens Local Family 

(WESH.com Orlando 07/01/10)

Debt collector caught on tape threatening arrest and harassing a consumer’s 10-year-old daughter.

3. Collection agency to put center in Augusta, GA

(Businessweek 07/01/10)

Convergent ERS to is bringing a new call center to Augusta, Georgia with hopes of hiring 400 employees over the next 18 months.

4. Payback? Consumer lawsuits against bill collectors skyrocket

(The Miami Herald, 07/02/10)

WebRecon’s Jack Gordon talks about the latest lawsuit statistics.

5. Missouri Court Dismisses Missouri Attorney General’s Lawsuit Against Portfolio Recovery Associates

(Market Watch, 06/29/10)

It’s rare these days to see a judge rule in favor of a collection agency, but that’s what recently happened in Missouri.

6. Debt Collector Calling Neighbors, Informing Them of Financial Trouble

(cbsatlanta.com, 06/28/10)

Contacting a consumer’s neighbor inspires investigative story. Video included.

7. CreditCard Debt Delinquencies May Lead to More Illegal Debt Collection, Creditor Harrassment, and Bankruptcy Filings

(Debt Free League press release, accessed on earthtimes.org 06/27/10)

Eric Santacruz, vice president of San Diego, California’s Debt Free League, offers some interesting predictions for the credit and collection industry.

8. Forget to pay court costs? You may get a call from a collection agency chasing unpaid fines, fees

(jacksonsun.com 06/27/10)

Florida clerk of court turns to collection agency for assistance in recovering $3.2 million in unpaid fines and court costs.

9. Portfolio Recovery Associates Appoints New Attorneys

(Portfolio Recovery Associates press release, accessed on insideARM.com 07/01/10)

Portfolio Recovery Associates’ Executive vice president and general counsel Judy Scott announces the addition of five new attorneys to the PRA team. New members include: Trey Huelsberg, Beaufort “Shawn” Martin, Franci Ware, Kevin Duffan, and Brian Pearson.

10. Very Competitive Field in ED Collection Performance Rankings

(insideARM.com, 07/01/10)

Cynthia Wilson offers the latest insight and statistics on the Department of Education’s third-party collection efforts.

Yes, you read that correctly. 300 warrants!

The Ashley County Ledger recently ran an article titled Judge Pope Issues 300 Warrants for Those Who Have Outstanding Debts.

The article points out that similar efforts may continue on a quarterly basis as a way to entice folks to pay up. It also states that community service may be available for those who lack the ability to pay.

Click here for the complete story.

Do you think the judge made a wise decision?