Docstoc

OCTOBER 16 2013 CHANGES TAKE EFFECT TO TCPA_final

Document Sample
OCTOBER 16 2013 CHANGES TAKE EFFECT TO TCPA_final Powered By Docstoc
					                        Brennan & Clark Ltd.
                                    A Limited Liability Company

Telephone: (800) 858-7600                      721 E. MADISON                    email: info@brennanclark.com
Fax: (630) 279-7045                               SUITE 200                   Web Page: www.brennanclark.com
                                            VILLA PARK, IL 60181




OCTOBER 16 2013 CHANGES TAKE EFFECT TO TCPA

BE READY!!



Not only do third-party collection agencies and debt buyers need to be compliant, but creditors
also must comply. Make sure you have all your systems in place, they have been checked, and
you know they are in compliance.

    •    All creditors (including healthcare providers, government agencies, and utility and cellular
         phone companies), should update their application forms to include appropriate
         disclosure and consent provisions regarding their right, and the rights of any agents or
         debt buyers, to communicate with the consumer on their cell phone about payment
         obligations.
    •    Collection Agencies should work with their clients to establish a system to segregate cell
         phone from land line numbers, which are transferred to the collection agency only if the
         creditor will warrant it obtained the cell phone number directly from the consumer
         (customer).
    •    Collection Agencies and subsequent Debt Buyers should scrub all telephone numbers
         associated with the account to determine whether the numbers are cell phone numbers
         and remove them from autodialer campaigns.
    •    Collection Agencies and subsequent Debt Buyers should establish appropriate policies
         and procedures to prevent the inadvertent call to a wireless number and invoke a policy
         that wireless numbers must be dialed manually unless the agency or debt purchaser has
         obtained the requisite consent.
    •    Debt Buyers should ensure the purchase agreement for consumer debt portfolio includes
         a warranty that the creditor obtained the express consent of the consumer for
         subsequent purchasers of the debt to contact them using a cellular telephone number.
    •    Collection Agencies should verify and update what is appearing on caller ID devices
         when placing outbound calls.


In 2012 and tracking for 2013, TCPA violation lawsuits have surpassed FDCPA lawsuits.
Having the systems in place to avoid defending yourself against violations, and being able to
concentrate on keeping your receivables current, will keep your stress level down, and therefore
help you in your daily administration and operations.




                                    The Receivable Support Solution

				
DOCUMENT INFO
Categories:
Tags:
Stats:
views:0
posted:10/15/2013
language:Unknown
pages:1