The Who’s Who in Collections 2014 is comprised of collection professionals nominated by ACA International leaders and proactive collectors from across the country. These people not only define what it means to be a true collection professional but work every day to advance the art of debt collection both in practice and reputation. If you would like to nominate someone for Collection Advisor’s next Who’s Who, send your nomination accompanied with the reason to
LYNN A. S. ARAKI-REGAN | Araki-Regan & Associates
What change would you like to see in the collection process?
I would like to see the passage of the Fair Debt Collection Practice Technical Clarification Act introduced by Rep. Ed Perlmutter (D-Colo.) and a companion bill introduced by Sen. Patrick Toomey (R-Pa.) to exempt debt collection attorneys engaging in litigation from the Fair Debt Collection Practices Act. The legislation proposes to exclude attorneys from the FDCPA when they are engaged in litigation activities that fall under supervision of the court. The FDCPA would still apply when attorneys engage in traditional collection activities (e.g., writing to consumers, calling, etc).
KEVIN BAICH | Day Knight & Associates
What do you see for the future of collections?
With the uncertainty of the CFPB and the regulations that are still settling, more consumers are abandoning landlines in favor of mobile devices thus creating additional burdens with regard to contacts. The Affordable Care Act, regarding Medical Collections, creates a collections future that is uncertain and ripe for legal liabilities due to new interpretations.
GORDON BECK | Diversified Consultants Inc.
What change would you like to see in the collection process?
I would like to see all of the agencies that are currently operating in a manner that could shine our industry in a negative light to stop!There is no way we can change the image of collections when we have agencies that are operating illegally and doing things that continue to get negative press. Doing things by the book and being able to sleep at night is a great feeling and we need everyone to understand that making a lot of money for a short period of time by doing the wrong things are far outweighed by making less money, but being able to sustain a collection agency for years to come. If you own or operate a collection agency you have to remember that whether you like it or not you have the responsibility to do things the right way because what you do wrong can affect so many others. If everyone chooses to do right, this industry will one day beat the stereotype and will have the ability to be more effective for the consumers, clients and economy.
CHRIS BECRAFT | Collection Service Bureau, Inc.
What do you see for the future of collections?
Client and collection agency consolidation.
What change would you like to see in the collection process?
TCPA reform.
What is an important thing to remember when working with a client?
The client is not always right. Don’t forget your ethical, moral, and legal responsibilities when being bullied by a client to do something you know you shouldn’t do.
What must a collection professional do to make their mark in the collection industry?
I frankly never consider making a mark. I only concern myself with running an effective and profitable business for my family, my employees and my clients. If one does that effectively, I suppose some sort of mark is made with the people who matter most.
JOHN H. BEDARD, JR. Bedard Law Group, P.C.
What do you see for the future of collections?
The future of collection is very promising indeed! I see the collection process improving for consumers and industry alike. Some of these improvements include better consumer experience, better account information, better consumer identity information, better ways to communicate with consumers, and a streamlined process of meeting consumer needs when, how, and on terms agreeable to both consumers and creditors.
What is an important thing to remember when working with a client?
Clients have business needs that they have hired you to meet. Remember to always understand those needs, communicate with clients about those needs, and strive to meet them efficiently and through superior service.
What must a collection professional do to make their mark in the collection industry?
Find a professional association with a vision that matches your interests. Meet the members, participate in the business of the organization, and give your time and expertise without any expectation of return.
LESLIE BENDER | ARS National Services, Inc.
What change would you like to see in the collection process?
First I would love to see regulatory clarification of the TCPA, which validates the use of respectful computer-assisted technology to make calls accurately and offers a distinct safe harbor for how consumers can express how they wish to be communicated with on their mobile technologies. Second I would like to see FDCPA and FCRA clarification that offers clear and distinct standardized disclosures for consumers regarding credit reporting and debt collection to eliminate misunderstandings and to assure that the basics of what the laws do/do not require and restrict are explained in a uniform manner for the benefit of both consumers and debt collectors to facilitate consumer-centric opportunities to resolve outstanding accounts. Third I would like to see statutory and regulatory clarification that reforms applicable consumer financial protection laws to assure they are technology neutral – allowing for consumers to be communicated with via the technologies they have chosen to use (e.g., texting, email, mobile phones). Fourth I would love to see a common sense approach when good faith errors or omissions occur in the somewhat unpredictable flow of communications between an agency and a consumer, based upon a reliable, detailed and accurate analysis of data pertaining to whether any harm actually results from minor good faith/inadvertent technical wording errors or similar in written or spoken communications with consumers.
FRED N. BLITT | Blitt and Gaines, P.C.
What do you see for the future of collections?
For the immediate future, I see the continuation of a large amount of regulation in our industry.
What change would you like to see in the collection process?
Perception. Legal debt collection provides a great service to the financial services industry by returning money the economy and aiding the issuance of credit to consumers.
What is an important thing to remember when working with a client?
As an attorney, it is important to zealously represent your client while balancing professional and regulatory expectations placed upon this area of law.
What must a collection professional do to make their mark in the collection industry?
A greatway to make a mark in the collection industry is to get involved in your state creditors bar association or national trade association such as NARCA.
RON BROWN | CSI Group
What do you see for the future of collections?
There is now, as there always has been, a bright future for the collection industry both nationally and internationally. As long as credit is extended there will be a certain percentage of consumers who will not pay as agreed and thus the need for professional debt collection agencies and professional debt collectors. The trade markets are growing rather than shrinking and the global economy and credit system have migrated. There is no question that bilingual collection specialists fully trained in compliance will be needed. The collection industry will continue to grow and prosper.
CHRIS CAPPUCCILLI | Brown & Joseph, Ltd.
What is an important thing to remember when working with a client?
Clients have narrowedtheir acceptable tolerances throughoutthe collection process. Recovery must bemaximized. Support must be timely. Reportingmust be robust and accurate.What must a collection professional do to maketheir mark in the collection industry? Tomeet the increased expectations in today’smarketplace, it is imperative tobecome an expert in the industries youare servicing. It is no longer acceptableto be just knowledgeable. Companies arelooking for partnerships and are requiringcollection firms to be more consultivethan ever before.We have found within our productionand sales staff that the productiveemployees are the individuals thatidentify their strength and capitalize onit, such as focusing on a particular industry.A mistake Brown & Joseph used tomake in our infancy was overloading ourtop performers. Multi-tasking doesn’talways produce results. Additionally, themost successful collection professionalsthat make a name for themselvesare the ones with strong communicationskills that are continually challengingthemselves with ongoing education.These are the people that make theirmark in our industry.
DEBRA J. CISKEY | Afni, Inc.
What change would you like to see in the collection process?
I would like to see more flexibility to focus on the consumer experience. The flexibility sometimes needs to come from creditors who expect high returns too quickly, and pit their collection agencies against one another in competitive scorecard environments. In the long run, we could be just as, or even more productive given the opportunity to better meet consumer needs.
ELIZABETH A. CONKLIN | McCarthey, Burgess & Wolff
What change would you like to see in the collection process?
Change is inevitable and a vital part of growth. It is difficult for some people and/or organizations to adapt to change and see the benefits. I feel the most important and impacted change that is necessary, in my opinion, is within the FDCPA along with state restrictions. With so many different rules and regulations between the state and federal levels, there is quite a challenge with respect to not only HOW to comply with the many differences between the two, but remaining compliant as well. I would like to see common ground between the FDCPA and state restrictions. I would also like to see a change in technology and communication with the consumer.
What must a collection professional do to make their mark in the collection industry?
Embrace the available opportunities to grow, adapt and educate as the collection industry continues to change and evolve. We may need to re-define what “success” means, but in doing so our organizations become stronger and our own professional opportunities are enhanced.
NICK DIGIOVANNI III | RevMD Partners, LLC.
What must a collection professional do to make their mark in the collection industry?
First, as cliché as it sounds, be passionate about this industry. Have a drive to make each day better than the previous and fully embrace the need to succeed. Second,deliver on what you promise. This industry thrives on reputation and trust. The ultimate way to leave your mark is to do a great job time and time again for your clients. Finally, this is a rapidly changing industry and you must continue to educate yourself and fully understand the needs of your clients. These three things go hand-in-hand and will allow you to stay ahead of the challenges that will inevitably come your way.
JEFF DIMATTEO | American Profit Recovery
What do you see for the future of collections?
I believe we’ll see a continued barrage of new proposed legislation and regulations coming from many who do not fully understand the collection industry and how we operate. However, I feel that we’ll also see more collaboration with people such as consumers, agencies overseeing the industry and legislators coming up with positive solutions that benefit both the consumer and the collection industry.
What must a collection professional do to make their mark in the collection industry?
I think all collection professionals should help advocate for this industry. Educating the public about what we bring to business and the economy only strengthens our industry and helps the public understand that in fact we are a necessary part of business. Many in our industry take the time to produce educational content as well as contribute to our communities and the more we share that, the more a collection professional will rise in our industry.
RICHARD G. DOANE | Sunrise Credit Services, Inc.
What do you see for the future of collections?
I see a continued push on compliance coming from clients in industries that are just starting to address this concern. In addition, more Federal and State requirements will add even more pressure on agencies to remain compliant.
What is an important thing to remember when working with a client?
The old statement still rings true, “They’re always right!” However, all of our top clients tend to be open for discussion on most topics. It is extremely important to engage in discussions with your clients in an attempt to educate them about what you’re seeing and what you’re doing.
What must a collection professional do to make their mark in the collection industry?
I have always believed that being a part of ACA International has allowed me to give back to my industry. The amount of time you spend volunteering either in your state unit or at the national level is “paid” back to you in the contacts you make and the opportunities to get major ideas that you can bring back to your office and implement immediately. Cost savings and moneymaking ideas are always something I look for in every ACA meeting. I certainly get them from the vendors at the expos but just as many have come from the many friends I have made across the country. In the New York State Collectors Association (ACA’s NY Unit) I have had the pleasure of serving with some 15-20 people over the past 25 years; and I count all of them as friends. At any time anyone of them can call me and ask a question; and I am confident it goes both ways! That’s how you make your mark in the collection industry.
LESLIE G. ENGLE | Team Recovery
What change would you like to see in the collection process?
It would be good if legislation seriously looked into the contradictions it has created in the processes of allowing creditors to recover their unpaid accounts. We should not lose sight of the spirit of the law or its true intentions as we apply and make necessary clarifications to the FDCPA.
What must a collection professional do to make their mark in the collection industry?
As collection professionals it should be our goal to educate consumers and facilitate the process of resolving their unpaid accounts. We must hold ourselves accountable, being certain that we are ethical and lawful in carrying out our responsibilities. In doing this, we will set ourselves apart and the results will speak for themselves.
MICHAEL FROST | CBE Group
What is an important thing to remember when working with a client?
All agencies providea service to clients in the recovery of delinquentconsumer obligations. Beyondthat, and more importantly, agenciesshould provide solutions to defined problems.It is critical for agencies to identifythe right problem so that they can providea customized solution that meets clients’high-level objectives.
What must a collection professional do to make their mark in the collection industry?
Get involvedand collaborate with others so wework together to solve problems withinnovative solutions. There are manyopportunities in the industry to join initiativesand efforts that protect the best interestof the consumer, clients and agencysimultaneously.
HOWARD GEORGE | Receivables Performance Management, LLC.
What do you see for the future of collections?
I see industry consolidation in both contingency and debt buying verticals. There is a need for major reform in regulatory requirements. Agencies that are agile with strong technology and vigorous commitment to compliance and quality have a significant opportunity for growth. What must a collection professional do to make their mark in the collection industry? For a collection professional to make their mark, they must have the utmost honesty, integrity, and a passionate commitment to excellence. Additionally, you must subordinate your personal objectives in lieu of your client and employee success and their priorities.
TOM HAAG | State Collection Service, Inc.
What do you see for the future of collections?
I believe technology and regulation will continue to drive this industry. Agencies must leverage technology and closely manage compliance. If they do they will have a tremendous opportunity to grow and be successful. If however you just want to do business as usual both with technology and collection practices, the future I’m afraid could be trouble. I expect to see fewer agencies but those that remain will be larger and stronger.
NICK JARMAN | Delta Outsource Group, Inc.
What is an important thing to remember when working with a client?
Their reputation is a byproductof your reputation. How you operateis a direct reflection and extension of your client.The most important thing to remember iseven though you may be two different companiesit is imperative that you understand theirmission and values and ensure your organizationembodies their brand.
What must a collection professional do to maketheir mark in the collection industry?
I believethere are four things a collection professionalmust to do to make their markin our industry and it comes down tofour things dealing with their collectiontechniques; being professional, respectful,firm and demanding. Those four characteristics can’t work in a singular fashion. They must all work in conjunction witheach other. The first two are obvious inthat every encounter we have with a consumerwe must remain and treat the consumer both professionally and respectfully.In addition, it must be understood that there is a debt that is owed and thereforea collector must also intertwine being firmand demanding in order to establish thatthey are in control of the conversation andthe expert when it comes to resolving delinquentdebts which will then guide theconsumer to a successful resolution of theirdelinquent account.
TIM MABRY | Credits, Inc.
What do you see for the future of collections?
Challenging. I think ACA International and our ACA leadership are doing a good job of stepping up to the challenge. We have a PR image problem that we have to work on and we desperately need to keep up our lobbying and governmental relations efforts or our regulators will bury us.
What change would you like to see in the collection process?
The main thing I would like to change in the collection process is solving non-compliance by market participants of the laws that are currently on the books.
What is an important thing to remember when working with a client?
Remember they are our customers and deserve all the respect and service we can muster.
MARK J. NEEB | The Affiliated Group, Inc.
What do you see for the future of collections?
There will be fewer companies working inour industry. The demands for intellectualcapital as well as the cost of compliance willdrive smaller agencies out of the marketin my opinion. Further, the demand forever-increasing compliance measures willcontinue to increase as our creditor clientsthemselves react to more stringent audit requirementsby regulators.
What must a collection professional do to make their mark in the collection industry?
You know,I’ve never set out with that goal in mind. Ithink the accolades come as a result of doingthe right things, and doing things right.I would add one piece of advice however:get involved in your local and nationaltrade associations. Giving back to the industrythat has given us so much, to me, isa must. Paying things forward is simply theright thing to do for people who are seriousabout the future of our industry.
MICHAEL K. RAINWATER | The Uptain Group, Inc.
What change would you like to see in the collection process?
Without a doubt, the biggestchange I would like to see is on the legislativefront. We all know that the FDCPAand collection-applicable laws havenot kept up with technology – which isprobably our greatest pain point. Reputablecollection companies want to “playby the rules” but that is very difficult to dowhen you don’t know what the rules are,the rules change or are different based oncourt rulings in various parts of the country.Even if some laws are not favorable tothe industry, we will know what they areand can follow them.
JIM RICHARDS | Capio Partners
What do you see for the future of collections?
What I see is obviously more regulation and compliance, along with more opportunity for those business owners of medium and large agencies. With the implementation of the Affordable Care Act, healthcare patient responsibility and delinquency will expand exponentially. In addition, the student loan market has already eclipsed the credit card and automotive markets. So the real growth industries going forward will be healthcare and student loans followed by telecommunication/utility.
MICHAEL RYALLS | RGS Financial
What change would you like to see in the collection process?
Considering this from an industry level I would like to see educated clients consistently demanding verifiable IT data security and compliance with applicable law. A level playing field as we compete fairly with each other is only possible if the client enforces it or we internally self-police. Playing by the rules is expensive and the client should not be a benefactor of questionable practices perpetrated by a few bad actors. Additionally, I would like to see clear and reliable regulatory direction. Since the CFPB exists and is not likely to change, then one of the few benefits to the industry should be clarification of proper procedure and protocol. Conflicting case law and ambiguous regulations need to be clarified.
MARTIN SHER | AmSher Receivables Management
What do you see for the future of collections?
As Yogi Bera used to say, “The future ain’t what it used to be!” I believe there is a huge opportunity for those that can embrace and adjust to dramatic change. The CFPB posed 407 good questions. The entire credit and collection universe will know the answers soon. My hope is that the answers are as good as the questions.
What change would you like to see in the collection process?
100% commitment to collectingcompassionately and expanding the useof technology to communicate. Everyonewill benefit, and the credit and collectionindustry will be valued.
THOMAS A. STOCKTON | The CMI Group
What do you see for the future of collections?
I believe that the collection industry has a bright future. Debt collection will continue to be a vital ingredient to maintaining a vibrant credit economy. I do see a greater barrier to entry for new players entering the space. There will likely be much consolidation in the industry and it will be very difficult to maintain the very small mom and pop shops that have historically been the backbone of our industry.
What is an important thing to remember when working with a client?
There are several thingsthat come to mind. First and foremost weneed to always strive to create a win-winrelationship with our clients. Second weneed to remember that we are the expertson what the collection regulatory landscapeis both in the state and federal arenas.We should always strive to educate ourclients on regulatory pitfalls in their internalprocess that could cause problems inthe collection process. Finally we need tomake sure our clients are on the same pagewith us as to the importance of compliancein the collection process.
What must a collection professional do to make their mark in the collection industry?
That’seasy. Get involved in your association bothin your state or regional unit and in yournational association. Don’t sit on the sidelinesand complain about the way thingsare. Become part of the solution by beinginvolved. It is certainly possible to makemoney and build a business in this industrywithout being involved. But if youwant to make a difference you need to givesomething back and be part of creating theatmosphere where it is possible for othersto succeed after you.
HARRY A. STRAUSSER III | Remit Corporation
What do you see for the future of collections?
The collection industry has changed dramatically over the past 25 years and will continue to do so. It will be a softer, more customer service oriented function. There will be fewer operators as the focus on compliance from federal, state and regional regulators places stringent mandates on industry operators. I believe there will be less direct focus on “bad debt” collections and more intensity on the front end with extended business office strategies. What change would you like to see in the collection process? I would like to see the development of enhanced methods to reach right parties. One of the biggest challenges in the collection industry is the ability to actually engage in a conversation with a consumer. Right-party contacts have plummeted in recent years thus meaningful collection conversations between consumers and collectors are at an all-time low.
ROGER D. WEISS | CACi
What do you see for the future of collections?
I am an eternal optimist. I see oportunity. I do, however, that the opportunities will come in some new and unique environments. I see the landscape as we know it being flipped upside down. There is a rough road ahead for smaller agencies; and agencies reluctant to embrace change and adopt a new culture. One of my favorite quotes has always been "It's not the strongest of the species that survive, but the ones most adaptable to change." - Charles Darwin
What change would you like to see in the collection process?
The primary change I would like to see in the collection process is a modernization and standardization of collection law to eliminate conflicts and ambiguity.
What is an important thing to remember when working with a client?
To me the most important thing to remember is that you have to work with a client and develop a strong and honest relationship. This allows you to more openly discuss issues, concerns, and ideas that lead to mutual success.
What must a collection professional do to make their mark in the collection industry?
This is an ironic one. I asked this question years ago to Nick DiGiovanni. He told me if this is going to be my career, let it be my passion. I would convey the same advice forward. Work hard, work smart, work creatively, constantly think innovation, and work hard.