MOVING COLLECTIONS BEYOND IN-HOUSE: WHAT ARE THE BEST PRACTICES YOU NEED TO KNOW
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1 MOVING COLLECTIONS BEYOND IN-HOUSE: WHAT ARE THE BEST PRACTICES YOU NEED TO KNOW
2 DISCLAIMER This information is not intended to be legal advice and may not be used as legal advice. Legal advice must be tailored to the specific circumstances of each case. Every effort has been made to assure this information is up-todate. It is not intended to be a full and exhaustive explanation of the law in any area. It should not be used to replace the advice of your own legal counsel.
3 AGENDA Outsourcing Considerations Litigation Debt Sales The New Normal of Compliance
4 OUTSOURCING CONSIDERATIONS
5 What Can Your Infrastructure Support Do you have a vendor management program? Regular audits of policy and procedures of TPDC (on site and remote) Oversight of infrastructure (cameras, alarmed, database, servers, etc.) Call monitoring and call centers/dialers If not, should you consider a network? Services to be provided At what cost Third Party Agency or Collection Firm Protecting Asset-Statute of Limitations Areas of Service
6 Communication & Transfer of Information Communication Forms Snail mail or FTP sites Document portals YGC FICO Transfer of Data Identify Your Required Data Points Develop Fields so Information In Useable Format Statistical Analysis
7 Data Security& Integrity Data Security PCI Compliant/SOC Type I and Type II New York Cyber Security Rules Scrubbing Bankruptcy (BANKO) Deceased Military status
8 LITIGATION
9 Replevin Proceedings to Secure Vehicle When to consider Maybe incorporated into one action or two State law variations Timing; ex parte proceedings Appearances In-person or by papers Bond Posting Additional costs Flat fee or hourly
10 Deficiency Actions
11 Original Account Level Documentation Complete copies of RIC or lease including e-signed contracts and extension agreements (attorney fee clause) Reaffirmation agreements from bankruptcy Assignments and personal guarantees Payment history to determine SOL deadlines and P&I Title copy Application (reveals assets and contact information) Repo notices and deficiency letter with breakdown
12 Affidavit Procedures Clear breakdown of the balance that aligns with the payment history and deficiency statement Redaction of PII including account number Documented notary policy that is communicated to the attorney (and followed) under camera surveillance Time limitation for affidavit expiration Who prepares?
13 Costs, Balances, Trial Concerns Costs Varies from state to state Contractual language regarding collectability Judgment order impact Payment order when remitting Average Balances Attorney minimum threshold Unit yield consideration Contingent fee questions and range Fishing expeditions and purpose of legal stream Live or remote trials Witness capabilities
14 Post Judgment Remedies Vary state to state as to availability and percentages Wage garnishment and exemptions Bank levy and exemptions/adverse claimant Judgment liens on real property Court costs associated with each filing (repetitive filing or one until done) Debtor exams
15 Related services to consider direct with counsel Labor and storage lien litigation/restraining orders Vehicle forfeiture due to criminal proceedings Bankruptcy options Obtaining reaffirmations Adversary disputes Modification of stay
16 SELLING THE DEBT
17 Due Diligence Reputable Debt Buyers Compliance Management System Data Security Vendor Management Licensed Complaints (CFPB/BBB) RMA Certified Portfolio Review Information for accuracy, completeness & reasonableness Opportunity to ask questions and resolve any findings
18 Documentation & Information At Sale (RMA Certification Series B Standard) Consumer Info Full name SSN DOB Address Phone Number Account Level Documents Signed Contract (or something similar) Terms and Conditions Full Chain of Title Statements Last statement with payment Last statement prior to charge-off Others Account Information Number Unpaid Balance Sufficient information to calculate the dates of delinquency and default Charge-off date & Balance Breakdown of post-charge off balance (interest, fees, credits/adjustments) Date & amount of last payment Vehicle Information VIN Number Repo Information Deficiency Balance Letter
19 Representations and Warranties Seller is lawful holder of the accounts; Accounts are valid, binding, and enforceable obligations; Accounts were originated and serviced in accordance with law; Account data is materially accurate and complete; and Any account that was the subject of a consumer dispute while owned by the seller has been responded to or validated
20 THE NEW NORMAL OF COMPLIANCE
21 CFPB Outline of Proposal for Debt Collection Data Transfer Contact Restrictions Consent Orders Debt Collection Survey Credit Reporting
22 State Considerations AG State Debt Collection Legislation Proposals California Colorado Massachusetts Maine Oregon State Banking Regulators
23 QUESTIONS?
24 THANK YOU Lou Freedman Kelly Knepper-Stephens Joann Needleman
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