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July / August 2011 | www.collectormentor.com July / August 2011 | www.collectormentor.com INSPIRATION, MOTIVATION, AND EDUCATION FOR THE CREDIT AND COLLECTION INDUSTRY ARE YOU JUMPING WITH A CLOSED PARACHUTE? THE HISTORY OF THE FDCPA PREVENTING OVERSHADOWING CAN FACEBOOK SINK YOUR CAREER? PLUS MORE! CAN ANYTHING ELSE HAVE A BIGGER IMPACT ON WORKPLACE PERFORMANCE?

CAN ANYTHING ELSE HAVE A BIGGER IMPACT ON WORKPLACE ...€¦ · 14 LOOKING AHEADThe 10 Commandments Networking and Learning Opportunities 15 Obtaining Cell Phone Consent THE COUNT

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Page 1: CAN ANYTHING ELSE HAVE A BIGGER IMPACT ON WORKPLACE ...€¦ · 14 LOOKING AHEADThe 10 Commandments Networking and Learning Opportunities 15 Obtaining Cell Phone Consent THE COUNT

July / August 2011 | www.collectormentor.comJuly / August 2011 | www.collectormentor.com

INSPIRATION, MOTIVATION, AND EDUCATION FOR THE CREDIT AND COLLECTION INDUSTRY

ARE YOU JUMPING WITH A CLOSED PARACHUTE?

THE HISTORY OF THE FDCPA

PREVENTING OVERSHADOWING

CAN FACEBOOK SINK YOUR CAREER?

PLUS MORE!

CAN ANYTHING ELSE HAVE

A BIGGER IMPACT ON

WORKPLACE PERFORMANCE?

Page 2: CAN ANYTHING ELSE HAVE A BIGGER IMPACT ON WORKPLACE ...€¦ · 14 LOOKING AHEADThe 10 Commandments Networking and Learning Opportunities 15 Obtaining Cell Phone Consent THE COUNT

contents

legal disclaimer The information herein is provided for informational and educational purposes only, and should not be construed as legal or tax advice. The Publisher cannot guarantee that such information is complete, accurate, or timely. Laws of a particular state or laws that may be applicable to a particular situation may have an impact on the applicability, completeness, or accuracy of such information. Federal and state laws are complex and are subject to change. Changes in such laws and regulations may have a material impact on applicable advice. Skills World, LLC, makes no warranties with regard to such information or results obtained by its use. Skills World, LLC, disclaims any liability arising out of your use of, or any position taken in reliance on, such information. This publication should not be used as a substitute for competent legal or tax advice from an attorney or accountant licensed in your state. Readers are encouraged to consult their management prior to implementing any new collection practices.

copyright notice No part of this publication may be reproduced, photocopied, or electronically redistributed without the express written authorization of the Publisher, or as otherwise provided in the subscription agreement. To obtain reproduction rights, contact collector mentor™, P.O. Box 44, Adel, Iowa, 50003. Company and product names are trademarks, or registered trademarks, of their respective companies.

Copyright 2011 © Skills World, LLC. All rights reserved. Printed in the U.S.A.

“To be trusted is a greater compliment than being loved.” ~ George MacDonald

collector mentor July / August 2011

Co l le c to r ’ s P l edge Co l le c to r ’ s P l edge Co l le c to r ’ s P l edge Co l le c to r ’ s P l edge

I believe that every person has worth as an individual.

I believe every person should be treated with dignity and respect.

I will make it my responsibility to help consumers find ways to pay their debt.

I will be professional and ethical.

I will commit to honoring this pledge.

Used with permission. © 2008 ACA International Education Foundation

D id you know?D id you know?D id you know?D id you know?

We listen at a rate of 125-250 words per minute,

but think at a rate of 1000-3000 words per minute. Source: HighGain, Inc.

RESOURCES

06 NEWS FLASH Headlines, Sidelines, and Offlines

06 BOOK SHELF Getting to YES

14 LOOKING AHEAD Networking and Learning Opportunities

15 THE COUNT The Latest Industry Lawsuit Totals

15 GETTING TO KNOW YOU David Glezerman and Carol Freeland

17 EXTRA CREDIT Test Your Knowledge

9

In the next issue …

• The Four Communication Styles

• ACA’s Professional Collection Specialist

• Effective Listening Skills Quiz

• Tough Call: “I know the client!”

• Stress Urgency, Not the Consumer

• Negotiations: Two Universal Concerns

• Obtaining Cell Phone Consent

FEATURES

02 EDITOR’S WELCOME Is Your Parachute Open?

03 INNERVIEW The Real Frontline:

One Agency’s Story

05 MAILBOX Who Signed the Fair Debt Collection

Practices Act into Law?

07 THE CHALLENGE Remember: It’s Not a Debate!

08 TOUGH CALL The 30-Day Forecast: Sunny, Clear,

No Chance of Overshadowing

12 BUSINESS CENTS 4 Ways to Sink Your Career

With Facebook

13 INDUSTRY FOCUS What Happens Once an Account

Has Been Referred to an Attorney?

16 ETC. The 10 Commandments

of Professionalism

Can anything else have a bigger impact on workplace performance?

We are currently seeking collectors and supervisors who have a knack for

writing or training. If you want to learn more about contribution

opportunities, please contact Gary at [email protected].

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EDITOR’S WELCOME

Is�Your�Parachute�Open?�

One of the many hats that I wear is that of a coach. When deciding on whether or not to

take a new assignment, I first assess whether or not the individual is coachable. If not, I

don’t move forward. But, it wasn’t always this way. When I first started coaching, I

would take on almost any assignment, thinking that a structured coaching process could

help anyone improve. I quickly realized, however, that wasn’t the case. A

more seasoned colleague let me in on her secret: “Don’t invest time with

the uncoachable. It’s frustrating for them and for you, and you’ll start to

lose confidence and doubt yourself. Most importantly, doing so carries

significant reputational risk, because when the client fails, they’ll blame

you.” Although her advice might sound a bit harsh, it’s true.

There are many reasons why people close their mind. Some think that

they have all the experience that they need (overconfident), some believe

that everyone and everything else is to blame (in denial), some are afraid

to implement something new because it is unfamiliar territory (risk ad-

verse), some lack the energy (unmotivated), and for some, it’s an ego

thing (too proud).

To gauge someone’s receptiveness to the coaching process, I ask a series of questions,

which include the following:

• Are you sincerely willing to change any self-defeating behaviors?

• Will you let the coach do the coaching?

• Are you open to hearing the truth even if it isn’t what you want to hear?

• Are you open to trying new things even if you aren’t completely comfortable or you’re

not convinced they will make a difference?

The world’s leading athletes know the power of coaching and actively seek a coach’s

advice. For most collectors the closest thing to a formal coach is a trainer or manager

who provides feedback and insight on call quality, goal setting, collection techniques,

teamwork, communication skills, and personal effectiveness. These coaches share trends,

statistics, and observations, and provide guidance for making positive improvements. It

is the collectors who are open-minded that will stand to benefit the most from these

relationships.

Quick, look up. Is your parachute open? cm

Someone once said that a mind is like a parachute, it only works if it is open. And we all know how the story ends for the sky-diver whose parachute doesn’t open. In the working world, an open mind means you are coachable; a closed mind means that you aren’t. Keeping your parachute open has many advantages, including being able to avoid a career-ending landing.

Gary Jensen, Editor [email protected]

2011 EDITORIAL

ADVISORY BOARD

Bryan E. Leib Vice President of Operations Leib Solutions

Carol Freeland President ACTS+

David R. Glezerman Assistant Vice President and Bursar Temple University

Debra Schulze Industry Consultant

Gary Kinne President Asset Recovery, Inc.

John McNamara Chief Marketing Officer LiveVox

Matt Twitty Customer Care Manager Advantage Travel LC

Matthew Campbell Director of Operations Remit Corporation

Michelle Dunn Author and Industry Consultant www.michelledunn.com

Gina McNaughton Partner The McNaughton Group

Ronald S. Canter Founder and Attorney The Law Offices of Ronald S. Canter, LLC

William Brockman Government Collector GE Capital

COLLECTOR MENTOR

Publisher Skills World, LLC

Editor Gary Jensen

Copy Editor Mike Bevel

CONTACT US

P.O. Box 44 Adel, Iowa 50003 Phone 515-339-5899 Fax 515-993-1912 www.collectormentor.com

SOCIALIZING

“People are very open-minded about new

things — as long as they’re exactly like the old ones.”

~ Charles Kettering

Copyright 2011 © Skills World, LLC. All rights reserved. www.collectormentor.com

“And he goes through life, his mouth opened, and his mind closed.” ~ Unknown 2

July / August 2011 | collector mentor

Page 4: CAN ANYTHING ELSE HAVE A BIGGER IMPACT ON WORKPLACE ...€¦ · 14 LOOKING AHEADThe 10 Commandments Networking and Learning Opportunities 15 Obtaining Cell Phone Consent THE COUNT

3

SARAH

TIGER

WHAT SHE ENJOYS MOST ABOUT COLLECTIONS

“Assisting consumers in paying their bills

and educating them on the importance of maintaining good credit.”

www.collectormentor.com Copyright 2011 © Skills World, LLC. All rights reserved.

“People are disturbed not by things, but by the view they take of them.” ~ Epictetus

collector mentor | July / August 2011

INNERVIEW

The�Real�Frontline:��One�Agency’s�Story�

I t was almost three years ago when Sarah found herself looking for a career

change and decided to respond to a help-wanted ad in a local newspaper. Prior to joining Credit Bureau Associates, she worked in customer service and retail—experience she credits with helping her understand how to relate to and communi-cate with consumers.

As a frontline collector, Sarah

helps consumers identify

solutions for getting accounts

paid in full—something that

she genuinely enjoys and is

rather good at—having been

recognized as a top collector

on a number of occasions.

Like many people who are new to the profession, Sarah initially found it difficult not to take rude consumer comments personally. But as time went on, she learned how to overcome those challenges and remain positive, even when working with the most difficult consumers. Today, Sarah couples her posit ive att i tude with a consumer-friendly approach to help her maintain control of the call.

Although some collectors avoid telling oth-ers what they do for a living, Sarah has never had a problem letting everyone know that she loves her job as a debt collector. She is proud of what she does for a living and wishes that more people realized that debt collectors do more than simply sit on the phone and ask people for money. Like

many industry professionals, Sarah understands the impor-tant impact that collectors have on the economy.

Effective communication

skills and being open-minded

are two of the most impor-

tant skills that Sarah believes

a successful collector can

possess. Her personal phi-

losophy is that effective communication,

self-motivation, and positivity will get a

person far in the collections industry.

Her manager tells collector mentor that Sarah

has a bright future ahead of her. It appears her personal philosophy is paying off. cm

Going by public perception and the mainstream media, the collection industry is filled with heartless people whose only job is to intentionally threaten and harass consumers. For those of us who actually work in the industry, however, we know that isn’t the case. Every sector has its share of bad actors and rogues; however, there are far more professionals in the debt collection industry who enjoy helping consumers manage their debt and their credit.

Below, you’ll read the stories of three frontline collectors. They come to us from Credit Bureau Associates, and you’ll learn how they got here, why they chose to stay, and how they view their job.

What struck us about each of these collectors is how they absolutely don’t match the typical descriptions of debt collectors as generally portrayed in media stories and anecdotal public perceptions. While they don’t match the bogeymen manufactured for a good news piece, our experience in the industry tells us that these collectors represent the overwhelming majority of people who work in the collections industry. This is the real frontline.

“Communication, self-motivation, and positivity will get you far

in this industry.”

Credit Bureau Associates is located in Fairfield,

California. You can visit them online at

www.cbacredit.com.

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S ix-year collections veteran Patricia Carter is aware of the negative stories

that mainstream media tell of the debt col-lections industry, but she doesn't think about them. Ever. As a bilingual frontline collector, Patricia sincerely believes in what she does and takes pleasure in helping con-sumers identify ways to get their accounts current. She takes pride in her career, and welcomes the opportunity to tell others about the important role her job plays in the economy.

Patricia is a goal-oriented

collector who can trace her

drive and determination back

to her days in auto sales

where she worked on a com-

mission basis. Although getting into the

industry was a chance happening, today she

cannot see herself working anywhere else.

She enjoys the work, the consumers, her

teammates, and her leadership team.

Day in and day out, Patricia strives to keep positive and focused, knowing that her clients count on her to work each account

to the best of her ability. She says that avoiding personalizing consumer insults and building rapport are two key skills that help her achieve her goals.

In March 2010, Patricia set an all-time per-

sonal record for dollars collected, and she

eventually went on to be-

come the 2010 Collector of

the Year—two feats which

have helped to shape her

career. She achieves her suc-

cess by setting goals for eve-

rything, including how many

accounts to work, how many

dollars to collect, and how

many payments and settle-

ments to achieve.

Patricia’s advice to her peers in the industry

is to “remember to believe in what you

do because collectors really do make a

difference. Times are tough but we can

inspire hope.” Her manager says that

Patricia is a born collector and her track record proves it. cm

Copyright 2011 © Skills World, LLC. All rights reserved. www.collectormentor.com

“Obstacles are those frightful things you see when you take your eyes off your goal.” ~ Henry Ford 4

July / August 2011 | collector mentor

T wo years ago, Travis Bostock was a con-struction worker in need of a change of

pace. He interviewed with Credit Bureau As-sociates, was offered a position, and made the decision to trade in his tool belt for a headset. He spends his days working the phones, mail-ing statements, and helping consumers iden-tify solutions to their financial problems—work he finds to be both challenging and re-warding.

Not too long ago, Travis be-

came a first-time father and

says the experience is helping

him push harder to reach his

personal goals. He believes that

goals are an important part of

being a successful collector and encourages

others to set goals, stay focused, and work

hard to achieve their dreams.

A couple of his biggest collection secrets in-clude starting off the day by eating a healthy, well-balanced breakfast and stepping outside on lunches and breaks to clear his mind and relieve stress so that he is fresh and focused when it comes time to help consumers tackle

their financial challenges. Although he occa-sionally deals with an upset or irate consumer, Travis does not let those experiences control his day, and instead chooses to focus on the positive consumer feedback that he receives.

When others ask what he does,

Travis is upfront in letting

them know that he is a debt

collector and then he takes

a moment to educate them

on the real story of collec-

tors—they help people better

their credit and, in turn, their

lives. Travis believes that

eventually the public’s negative

opinion of debt collectors will

change so long as collectors are committed to

operating professionally and ethically.

To keep positive in such a tough industry,

Travis surrounds himself with positive team-

mates, posts quotes in his office, and focuses

on the difference he makes in the lives of

others. His manager has enjoyed watching

him mature into a professional collector who represents the company in a positive way. cm

PATRICIA

CARTER

WHAT SHE ENJOYS MOST ABOUT COLLECTIONS

“The people that I talk to and the rapport that I am able to build with the consumers.”

TRAVIS

BOSTOCK

WHAT HE ENJOYS MOST ABOUT COLLECTIONS

“Helping people with their debts—to help them feel that a weight has been lifted from

their shoulders.”

“Expect success and then work like there is no other option.”

“Focus on the positive feedback from consumers and forget about the negative and irate consumers.”

Page 6: CAN ANYTHING ELSE HAVE A BIGGER IMPACT ON WORKPLACE ...€¦ · 14 LOOKING AHEADThe 10 Commandments Networking and Learning Opportunities 15 Obtaining Cell Phone Consent THE COUNT

www.collectormentor.com Copyright 2011 © Skills World, LLC. All rights reserved.

“When a man’s knowledge is not in order, the more of it he has the greater will be his confusion.” ~ Herbert Spencer

collector mentor | July / August 2011

MAILBOX

5

Who�signed�the�Fair�Debt�Collection�Practices�Act�into�law?�

THE FAIR DEBT Collection Practices Act

(FDCPA) was signed into law at approxi-

mately 10 a.m. in the Rose Garden of the

White House by President Jimmy Carter on

September 20, 1977. It was the f irst

consumer bill that Carter signed since taking

office eight months earlier, and it was the

first Congressional measure aimed at

regulating the debt collection industry at

a federal level.

During the signing ceremony, President

Carter reminded everyone, “It’s not a minor

matter to treat consumers fairly in this coun-

try.” To fully understand the context of

President Carter’s statement, it is important

to know the timeline of events leading up to

the bill’s signing.

THE CHICAGO TRIBUNE ARTICLES In 1974, a group of undercover reporters

spent six weeks in eight different Chicago-

area collection agencies pretending to be

new recruits interested in learning the ropes.

They took good notes on the techniques

they were being taught and during the week

of Apri l 9, 1974, the Chi cago Tribune

published a weeklong series of articles that

would eventually change the way the

industry operated.

Some of the observations recorded by the

reporters included threatening consumers

with arrest, using deceptive forms, misrepre-

senting themselves as lawyers, police, and

government officials, adding outrageous

interest to the debts, and calling repeatedly

at all hours of the day.

The first article in the series, aptly titled “Bill

collector terror tactics,” starts out, “They are

the self-proclaimed enforcers of a credit

economy, and they play by their own rules.

No city or state agency controls them. No

rules have been made to govern them. As a

result, the tactics of many of Chicago’s col-

lection agencies and the people who run

them are to frighten, threaten, or cajole

money out of anyone they have arbitrarily

labeled ‘deadbeat.’ As one agency owner told

a new employee: ‘We push them till they

break. Just about anything goes.”’

THE GOVERNMENT GETS INVOLVED On April 9, 1974, the Chicago Tribune an-

nounced that a federal jury would investigate

the books, collection letters and forms,

training manuals, and other documents of 12

area collection agencies.

In the three years that followed, Congress-

man Frank Annunzio became a chief spon-

sor of the provisions that would later be-

come the FDCPA.

One would think that banning such behav-

ior would receive overwhelming support,

but in actuality the bill just narrowly made it

through Congress, having passed by just one

vote on April 4, 1977 (199-198). By Septem-

ber of the year, the bill passed the Senate

and was ready for the President’s signature.

CARTER’S REMARKS ON THE BILL During the ceremony, Carter went on to

state, “This bill assures that collection proce-

dures are fair.” He also noted that most of

the estimated 5,000 collection agencies were

operating in honest, law-abiding ways, but

that the passing of the bill would make cer-

tain practices illegal and punishable.

THE LAW TAKES EFFECT To allow agencies time to get their business

in order, the law didn’t go into immediate

effect. Collection agencies had a six month

burn period to get their shop in order.

The Chicago Tribune enjoyed the fruits of

their labor on March 20, 1978 when it was

able to run a story, “Tricks of the trade off

limits to bill collectors,” announcing that the

law took effect.

AN IMPORTANT REMINDER Although it has been more than 30 years

since the FDCPA went into effect, some

collection agencies still struggle to comply.

Indeed, the spider web of state regulations,

case law, and FTC advisory opinions make

compliance difficult, but so do agencies who

allow collectors that lack integrity to stay on

the payroll.

Collectors should be aware that undercover

reporters infiltrating collection agencies still

happens today. That new hire might actually

be a reporter for the local paper, and you

never know when your non-industry-

standard training techniques may lead to the Next Big Thing. cm

Question:

Dealing with a difficult situation? Office politics getting the best of you? Coworkers destroying team morale?

We want to hear from you! [email protected]

Download a complete Copy of the FDCPA http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

Page 7: CAN ANYTHING ELSE HAVE A BIGGER IMPACT ON WORKPLACE ...€¦ · 14 LOOKING AHEADThe 10 Commandments Networking and Learning Opportunities 15 Obtaining Cell Phone Consent THE COUNT

October 14, 2011 10AM - 1PM CT

To register, please visit

collectormentor.com/events

Copyright 2011 © Skills World, LLC. All rights reserved. www.collectormentor.com

“Make your life a mission, not an intermission.” ~ Unknown 6

July / August 2011 | collector mentor

NEWS FLASH

Headlines,�Sidelines,��and�Offlines�

IS IT LEGAL TO USE EMAIL AND TEXT MESSAGING?

Attorneys John Rossman and Mike Poncin of Moss & Barnett share their

thoughts on the legality of using email, text messaging, and Facebook

to collect debts in an 11-minute podcast. Hear their opinions by

following the link below.

Source: insideARM.com | June 16, 2011 http://www.insidearm.com/daily/debt-collection-news/debt-collection/can-a-debt-collector-legally-use-facebook-text-messages-or-email/

COLLECTOR MENTOR UNVEILS MONDAY MOTIVATION

To help readers get their week started with a positive outlook, we’ve

recently launched Monday Motivation, a weekly motivational quote feature.

Source: collector mentor | June 3, 2011 http://www.collectormentor.com/category/monday-motivation

MERLIN RELEASES NEW VERIFIED PLACE OF EMPLOYMENT SOLUTION

“Merlin Information Services recently announced the release of its new Veri-

fied Place of Employment (VPOE) solution. The solution, designed specifically

for debt collectors, offers a reliable, cost-effective alternative to the

process collectors use to verify employment today.”

Source: Merlin Information Services Press Release | June 2, 2011 http://www.merlindata.com

CONSUMER GROUP TELLS FTC TO STEP UP FDCPA ENFORCEMENT

“The Electronic Privacy Information Center (EPIC), a ‘public interest

research center in Washington, D.C. [that] focuses public attention on

emerging civil liberties issues,’ sent a 20-page recommendation to the

Federal Trade Commission with a lot of feelings that boil down to this:

The collection industry cannot be trusted with social security numbers

or email. Please make them stop using both.”

Source: insideARM.com | June 1, 2011 http://www.insidearm.com/daily/debt-collection-news/debt-collection/consumer-group-tells-ftc-to-step-up-fdcpa-enforcement/

BOOK SHELF

Getting�to�YES:�Negotiating�Agreement�Without�Giving�In�by Roger Fisher and William Ury | Published by Penguin Books

July 20 & 27 and August 3 & 10, 2011 11AM - 1PM CT

ARM Summer School 2011: Creating Superstar

Supervisors

August 26, 2011 11AM - 1PM CT

Improving Collection Results with

Effective Listening Skills

September 23, 2011 10AM - 1PM CT

Motivating Employees to Be Their Best

Conducting Effective

Coaching Meetings

REGISTRATION FOR EACH WEBINAR IS LIMITED. PLEASE REGISTER EARLY.

Getting to YES offers a concise, step-by-step, proven strategy for coming to mutually

acceptable agreements in every sort of conflict—whether it involves parents and

children, neighbors, bosses and employees, customers or corporations, tenants or

diplomats. Based on the work of the Harvard Negotiation Project, a group that deals

continually with all levels of negotiation and conflict resolution from domestic to

business to international, Getting to YES tells you how to:

• Separate the people from the problem;

• Focus on interests, not positions;

• Work together to create options that will satisfy both parties; and

• Negotiate successfully with people who are more powerful, refuse

to play by the rules, or resort to “dirty tricks.”

Source: Getting to YES

Page 8: CAN ANYTHING ELSE HAVE A BIGGER IMPACT ON WORKPLACE ...€¦ · 14 LOOKING AHEADThe 10 Commandments Networking and Learning Opportunities 15 Obtaining Cell Phone Consent THE COUNT

Although we might not realize it, each of us uses negotiating skills many times each day.

Another thing that we might not realize is that we use a certain type of negotiating style

based on our concern for the outcome of the conversation and our concern for the

relationship with the other party. There are five negotiating styles: Defeat, Withdraw,

Accommodate, Compromise, and Collaborate.

The better we are at negotiating, the more likely a decision will be reached in our favor.

Since we want to collect more money and close more deals, it makes sense that we should

focus on increasing our awareness of both good and bad negotiating techniques in order

to master the good stuff while weeding out the bad.

A common mistake that collectors often make is heading into each call thinking it’s a

debate. The “survival of the fittest” mindset kicks in and the call becomes a battle of wills.

There can only be one winner, and the collector wants to achieve victory at all costs.

There are times when this style (Defeat) might seem like the only option, but chances are

a different style (e.g., Collaborate) can produce the same, if not better, result.

As you head into each call, remember that it is not a debate. It’s a chance to help a fellow human being overcome a serious financial setback. Instead of thinking you are competing against the consumer, try seeing yourselves as teammates working together to score a touchdown with only thirty seconds left in the championship game.

www.collectormentor.com Copyright 2011 © Skills World, LLC. All rights reserved.

“I challenge you to make your life a masterpiece. I challenge you to join the ranks of those people who live what they teach, who walk their talk.” ~ Tony Robbins 7

collector mentor | July / August 2011

THE

Remember: It’s Not a Debate!

Are you ready to add a little fun and excitement to your week? Prove it!

������������

New challenges posted weekly!

��

THE CHALLENGE

This challenge has been modified from its original version. The original version, posted on June 2, 2011,

contains additional details, supporting links, and reflection questions.

Please visit www.insidearm.com/features/collector-challenge for more details.

www.insidearm.com/features/collector-challenge

THE LESSON

Page 9: CAN ANYTHING ELSE HAVE A BIGGER IMPACT ON WORKPLACE ...€¦ · 14 LOOKING AHEADThe 10 Commandments Networking and Learning Opportunities 15 Obtaining Cell Phone Consent THE COUNT

Copyright 2011 © Skills World, LLC. All rights reserved. www.collectormentor.com

“You will not do incredible things without an incredible dream.” ~ John Eliot 8

July / August 2011 | collector mentor

Stumped with a tough call or wild stall? Got a tip to share with fellow credit and collection professionals? How would

you handle this tough call? Email your tough calls to: [email protected]

FOR MANY NEW to the debt

collection profession and for

many seasoned professionals,

confusion abounds over what

can and cannot be discussed

with a consumer during the

30-day validation notice period.

This article is designed to dispel

myths about the 30-day valida-

tion period and create a frame-

work for communicating with

consumers during this period as

required by the Fair Debt Col-

lection Practices Act. (FDCPA)

THE FDCPA: SECTION 809 The 30-day validation period is

clearly a time when debt collec-

tion activity may continue so

long as certain fundamental

compliance requirements are

satisfied. Section 809 of the

FDCPA is the section of the Act

that lists the duties of the debt

collector and the rights of the

consumer concerning validation

of the debt. Section 809 makes

clear that unless the consumer

has disputed the debt, or any

portion thereof, debt collection

may continue during the 30-day

validation period. But the debt

collection activity cannot in any

way confuse the consumer about

his right to dispute the debt, or

any portion of the debt, or con-

fuse the consumer about his

r ight to request addi t iona l

information about the debt,

commonly referred to as verifi-

cation information.

For years, cases interpreting this

section of the FDCPA referred

to this prohibition against con-

fusing the consumer about their

rights during the validation pe-

riod as overshadowing. This

term was ultimately codified in

2006 in the following language:

Collection activities and communica-

tions that do not otherwise violate this

title may continue during the 30-day

period referred to in subsection (a)

unless the consumer has notified the

debt collector in writing that the debt,

or any portion of the debt, is disputed

or that the consumer requests the

name and address of the original

creditor. Any collection activities

and communication during the

30-day period may not overshadow

or be inconsistent with the disclo-

sure of the consumer’s right to

dispute the debt or request the

name and address of the original

creditor.

EXAMPLES OF OVERSHADOWING The following examples are not

intended as an exhaustive, abso-

lute list of all the ways a debt

collector can possibly commit an

overshadowing violation; but the

list should give debt collectors a

very good forecast of behaviors

and communications that may

lead to an overshadowing claim.

• Demanding or insisting that

payment is made before the

expiration of the 30-day vali-

dation period.

• Indicating payment within any

time frame, less than the 30-

day validation period, is neces-

sary in order for the consumer

to prevent the debt collector

from exercising additional

collection remedies.

• Using words such as pay today,

pay immediately, or pay at once

during your oral or written

communications with a con-

sumer during the 30-day vali-

dation period.

• Using words that have the

effect of confusing the con-

sumer about whether he or

she has 30 full days to dispute

the debt or request the name

and address of the original

creditor.

• Offering to settle the debt on

the condition the consumer

accepts the settlement offer

before the 30-day validation

period expires and creating a

“take it or leave it” sense of

urgency.

• Threatening to take legal ac-

tion against the consumer

unless the consumer pays the

debt, or a portion thereof,

within the 30-day validation

period.

FINAL THOUGHTS Remember overshadowing can

occur both in written correspon-

dence with the consumer as well

as verba l communicat ions.

When communicating with the

consumer, make sure your com-

munications about the con-

sumer’s right to dispute the debt

are clear and not muddied with

language that may be construed

as confusing, threatening or in-

timidating. The FDCPA makes

clear this 30-day validation pe-

riod is a time for the consumer

to take steps to request informa-

tion they may need to under-

stand their obligation to pay.

The more you can do to help the

consumer understand his rights,

the more likely you will build a

rapport with the consumer, and

develop a relationship based on

trust, increasing the consumer’s

likelihood of paying your agency

first when the 30-day period expires. cm

The�30-Day�Forecast:�Sunny,�Clear,��No�Chance�of�Overshadowing�

TOUGH CALL

Rozanne M. Andersen

The more you can do to help the consumer understand his rights, the more likely you will build a rapport with the consumer, and develop a relationship based on trust …

Rozanne M. Andersen is chief compliance officer and vice president of government affairs at Ontario Systems based in

Muncie, Indiana.

She can be reached at

[email protected]

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www.collectormentor.com Copyright 2011 © Skills World, LLC. All rights reserved.

“Honesty is the first chapter in the book of wisdom.” ~ Unknown 9

collector mentor | July / August 2011

Most people seem to agree that few factors affect workplace performance as much as trust. We know when we have it and know when we don’t. Yet many people struggle when asked, “What is trust?” The Merriam-Webster’s online dictionary defines trust as “assured reliance on the character, ability, strength, or truth of someone or something.” Every day the news is full of examples of trust being destroyed, whether it’s a corrupt politician, an unethical member of the clergy, a CEO who dipped into the company coffers, or personal stories of betrayal. In the workplace, the absence of trust pits manager against employee and coworker against coworker. The results are poor teamwork, poor communication, and reduced levels of creativity and innovation. If you take a look around the office, you would be able to put people into two categories: those that have a positive, trustworthy reputation and those that don’t. Many factors play in our decisions to trust—or not trust—another person. Creating a reputation built on the foundation of trust isn’t likely to happen over night. It is something that you will need to forge over time through consistency of actions and words. Collection professionals can follow these six best practices to help create a reputation that will be admired by managers and colleagues alike.

This article is the first in a three-part series on leadership skills. Part two, published in September/October, will address the four communication styles.

CAN ANYTHING ELSE HAVE A

IMPACT ON WORKPLACE PERFORMANCE?

Gary Jensen

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Copyright 2011 © Skills World, LLC. All rights reserved. www.collectormentor.com

“The greatest advantage of speaking the truth is that you don’t have to remember what you said.” ~ Unknown 10

July / August 2011 | collector mentor

#1. BE TRANSPARENT Being transparent is really nothing more

than being open and authentic, both as a

person and as it relates to sharing work

information.

The Human-side: While many people are

quick to share their strengths, not many

people are proactive in sharing their weak-

ness because, well, it might make them ap-

pear weak. Choosing to share your weakness

lets the other person know that you trust

them enough to confide in them. Sharing

personal goals and appropriate details of

personal life also contribute to that message.

The Work-side: It is always a good idea to

keep staff in the loop regarding the latest

news and changes. This prevents them from

unnecessarily worrying, and tamps down

gossip and stress. There are times, however,

when you might not be able to divulge cer-

tain details. In these instances don’t tell half

truths or beat around the bush. Staff will

know. Be forthright and honest and let

them know that you are not in a position to

share that information. You can then go on

to tell them what you can share.

#2. PRACTICE WHAT YOU PREACH Saying one thing, but then doing another, is

one of the fastest ways to create uncertainly

about your character. When people are uncer-

tain about you, they are not confident in you.

And when they are not confident, they place a

lower level of trust in you. When that happens

your career can stall if people fail to give you

additional projects and increased levels of re-

sponsibility and authority. By choosing to walk

the talk, you are able to create a reputation for

having strong integrity and credibility. Many

people use social networks to communicate,

but is your Facebook profile sending a different

message than you tell (read “4 Ways to Sink

Your Career With Facebook” on page 12).

#3. REEK OF RELIABILITY Reliability is one quality that everyone looks for

in an alarm clock. If our clock wasn’t reliable

we’d never truly know what time it is, we’d get

woken up in the middle of the night when it

decides to randomly go off, and we’d wake up

for work late—often. Speaking of getting to

work late, don’t do it. Your attendance is one

of the best ways to build a reputation of reli-

ability.

In addition to attendance, over-promising and

under-delivering can erode relationships little

by little. If you continually cancel meetings,

miss deadlines, or fail to keep promises, your

habits will create an impression of irresponsi-

bility. Every gets busy. When this happens, be

proactive in letting the other person know

about the change of plans and be honest about

what happened. If you notice you are continu-

ally missing project deadlines, be sure

to budget your time accordingly and don’t

underestimate.

#4. JUDGE ON SUBSTANCE It can be easy to judge others based on ap-

pearance, but doing so is a silent way of

saying, “I’m skeptical of you, I can’t relate to

you, and I don’t trust you.” Today’s work-

force is diverse. People share different opin-

ions on religion, politics, keeping an organ-

ized desk, and beard choice. Judging on

image can present missed opportunities and

stymie the company unnecessarily. When

you appreciate a person’s uniqueness, you

send the message that you care about him as

a person, are more likely to involve him, and

are less likely to discredit his opinion

prematurely.

#5. CREATE OPPORTUNITIES TO INVOLVE OTHERS One of the quickest ways to show employ-

ees that you trust them is to delegate a pro-

ject. If it is stretch project (i.e., something

that stretches the team member’s capabili-

ties), not only do you send the message that

you trust them, you also help grow their

knowledge, skills, and abilities, and in turn

they trust you. Email, cell phones, and the

Internet may make communication easier,

but they often eliminate the need for face-to

-face interaction and ultimately can destroy

the very relationships they’re designed to

help.

#6. ASK FOR FEEDBACK AND ACT ON IT Asking others for their input is one way of

letting them know that you value their opin-

ion. And, if they can see you put their advice

to good use, they will see that they have

influence over you and be more inclined to trust you as a result. cm

65% of executives believe that trust will be a leading factor in

voluntary turnover in the months ahead. -2010 Ethics & Workplace Survey, Deloitte

MEMBERS OF TEAMS WITH AN ABSENCE OF TRUST …

� Conceal their weaknesses and

mistakes from one another

� Hesitate to ask for help or

provide constructive feedback

� Hesitate to offer help outside

their own areas of responsibility

� Jump to conclusions about the

intentions and aptitudes of others

without attempting to clarify them

� Fail to recognize and tap into one

another’s skills and experiences

� Hold grudges

� Dread meetings and find reasons to

avoid spending time together

Source:

The Five Dysfunctions of a Team, Patrick Lencioni

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With collector mentor’s custom-tailored training and coaching programs, you can be certain that 2011 will be a year of improved success.

Stop guessing. Start planning.

Will your team

break through to new levels of performance

in 2011?

Whether you need to jump-start negotiating skills, strengthen teamwork, or improve the effectiveness of frontline managers, collector mentor can help your team develop the knowledge, skills, and perspective necessary for achieving increased performance levels in 2011 and beyond.

515-339-5899 [email protected] | www.collectormentor.com

Call for pricing, schedule availability, and program outlines.

“The staff really responded to how fun you make the

classes. The information is easy to understand, and

they were able to put concepts to immediate use. The

information you provide is excellent, to the point,

and specific to our needs.”

-Brent S., Collections Manager Third-party Collection Agency

collector mentor

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12

FACEBOOK IS A powerful tool for staying in

touch with family and friends. Unfortu-

nately, its use also comes with risks that can

be harmful to your career. Believe it or not,

people have been passed over by recruiters,

denied promotions, and dismissed by their

bosses for using social media in ways con-

sidered to be inappropriate.

Although recent court cases have ruled in

favor of employees in some instances, every-

one should be aware that social media can

be a silent killer—you might not know that

your Facebook post prevented you from

getting that recent promotion, because the

hiring manager isn’t likely to tell you.

A recent study by Dr. Larry Chiagouris,

author of The Secret to Getting a Job After

College, found that more than 75 percent of

college students may be using Facebook in a

manner that could “convey an image or

character trait that most employers do not

want in prospective employees.”

It’s a sure bet that inappropriate use extends

far beyond the college campus, and with

more than 500 million users, chances are

your bosses, coworkers, and industry peers

are members, some of whom may even be

eyeing your profile.

If you like your job, care about your profes-

sional reputation, and have thoughts of up-

ward movement, be sure to avoid these four

career sinking uses.

RANT ABOUT YOUR JOB Expressing dissatisfaction over your job,

your boss, your customers, or your company

is one of the easiest ways to send the mes-

sage that you hate your job.

• More than a dozen crew members of Virgin

airlines were canned after publicly criticizing the company and its customers.

• A woman who posted a status update com-plaining about her boss and her job, forgot that she befriended her boss a few days earlier.

• A Pittsburgh Pirate mascot was fired after sharing his opinion about the team’s manage-ment.

• A waitress got fired after ranting about cus-tomers and naming her employer in the update.

• A Philadelphia Eagles employee was termi-nated after insulting the franchise.

• Seven employees at a Canadian grocery store created a Facebook group that insulted customers and staff.

USE FACEBOOK ON COMPANY TIME Many people are addicted to Facebook. It’s

the first thing that they check in the morn-

ing and the last thing they check at night.

Don’t let the addiction get you in trouble for

avoiding work—it’s all time stamped!

• Employees of a hospital were suspended for

participating in “The Lying Down on the Job Game,” where people photograph them-selves laying down at work. Apparently lying on the floors, resuscitation table, and helipad is a bad idea.

UPLOAD QUESTIONABLE PHOTOS/VIDEOS As they say, a picture is

w o r t h a t h ou s a nd

words. A l though i t

might sound l ike a

good idea at 2 a.m.,

uploading a picture of

yourself doing a keg-

stand at your brother's

bachelor party might

come back to haunt

you, especially if you

wake up the next day

and remember that your boss and several

clients are Facebook friends.

• A Georgia high school teacher was asked to

resign after the principal uncovered photos of the teacher double fisting alcoholic bever-ages.

• A New England Patriots cheerleader was fired after a photo on Facebook showed her next to a passed-out partygoer who was covered in lewd phrases and inappropriate symbols. (It probably didn’t help that she was holding a marker in her hand.)

• A paramedic/firefighter was fired after post-ing a derogatory video.

POST INAPPROPRIATE UPDATES Don’t post anything that you wouldn't want

everyone in your company to know about. If

your post sends the message that you are

unprofessional, don’t be surprised if people

don’t take you seriously.

• An employee in Switzerland called in sick,

only to later be found surfing Facebook. • An Oregon football player was dismissed

after sharing racially charged comments. • A juror was removed from duty after polling

her friends for help. • A North Carolina teacher was recom-

mended for firing after listing racially insensi-tive remarks on her profile.

• A Bronx high school teacher posted “This is sexy” on a student’s photo.

• A New Zealand employee was fired after raving about being “highly competent in the art of time wastage, blame-shifting, and sta-tionery theft.”

The bottom-line is that you don’t want to

post or share anything that can cause you to

be seen as unprofessional, unethical, un-

trustworthy, or unreliable. Companies want,

and need, talent that represents their inter-

ests in a positive, professional manner. Your

posts, pictures, and profile contents repre-

sent your personal brand. If it shows you as

immature or an amateur, don’t be shocked

when you don’t get called to the big leagues.

If you find it difficult to keep it clean, you

might consider adjusting your security set-

tings so that only friends can view your pro-

file and being selective in whom you add as

friends. As Benjamin Franklin once said, “It

takes many good deeds to build a good repu-tation and only one bad one to lose it.” cm

Copyright 2011 © Skills World, LLC. All rights reserved. www.collectormentor.com

“Your imagination is your preview of life’s coming attractions.” ~ Unknown

July / August 2011 | collector mentor

BUSINESS CENTS

4�Ways�to�Sink�Your�Career�With��

Side Note

Side Note

Side Note

Side Note: The examples shared in this article appeared in “Fired Over Facebook: 13 Posts That Got People Canned” (Huffington Post) and “17 People Who Were Fired for Using Facebook” (Business Insider).

Page 14: CAN ANYTHING ELSE HAVE A BIGGER IMPACT ON WORKPLACE ...€¦ · 14 LOOKING AHEADThe 10 Commandments Networking and Learning Opportunities 15 Obtaining Cell Phone Consent THE COUNT

www.collectormentor.com Copyright 2011 © Skills World, LLC. All rights reserved.

“There are no failures — just experiences and your reactions to them.” ~ Tom Krause

collector mentor | July / August 2011

13

INDUSTRY FOCUS

What happens once an account has left the building? How should a collector respond to a consumer who wants to know, “What’s next?”

What�Happens�Once�an�Account�Has�Been�Referred�to��an�Attorney?�

FOR THE LAST sixteen years, I have been trying to help collectors

understand how to properly respond to consumers who pose the title

question. My two rules: Keep it simple and remember that less is more.

THE COMPLEXITY The rules of civil procedure in the 50 states are quite complex.

Each state has adopted rules that govern collection procedures,

pre- and post-judgment. Often, localities overlay additional

procedures governing collection. That complexity is magnified by

debt collection regulations—federal, state, and local—which seri-

ously endanger collectors who speculate about the future of a legal

collection account.

THE RISK Federal and state debt collection statutes and regulations prohibit

abusive conduct, which includes misleading or incorrect statements

of law or procedure. Attorneys who represent consumers have

become quite sophisticated in coaching their clients and have trained

clients to question collectors about the specifics of legal actions and

the ramifications of said actions. Often, it seems that the goal of the

consumer’s lawyer is to provoke misstatements of law or procedure,

or misleading statements, which can generate liability for the collec-

tion agency or law firm. You know the drill: small damage case but

the consumer’s counsel gets their attorney’s fees paid. The result is

often a settlement of a few thousand dollars—sometimes more!

THE PROCESS Generally speaking, under the Fair Debt Collection Practices Act,

an attorney is required to send the same 30-day validation notice as

a collection agency. Then, if the case does not settle, the attorney

can bring suit against the consumer. Prior to requesting judgment

from the court, the attorney must personally serve the consumer, or

serve the consumer through a legally prescribed form of substituted

service. If the consumer does not answer, the attorney can move

the court for judgment. Thereafter, the attorney can seek post judg-

ment remedies, as allowed in a particular jurisdiction. In the event

the consumer contests the case, the situation becomes further com-

plicated.

RESPONDING TO CONSUMER INQUIRIES When a consumer inquires about the status of a referred account,

collectors should remember the two rules: Keep it simple and less is

more.

Collectors must have simple marching orders with respect to an

account that has been referred to an attorney. Collectors need to

understand their settlement authority and the general tactics of their

agency or firm. Collectors need not explain the repercussions of

future legal activity and need not know the answer to the title ques-

tion of this article. In fact, a little knowledge in such a complex area

of law can be a dangerous thing. Collectors should stay true to the

simple marching orders provided by their management and leave

the legal practice to the lawyers.

For instance, when faced with the question, “Will suit be filed

against me?,” the collector should respond, “That will be a decision

for the attorney and the client.” When asked, “Does a judgment give

the attorney the ability to garnish my wages?,” the collector should

reply, “I am not a lawyer and I can’t comment on that subject.”

Collectors, like lawyers, also need to understand that less is more. It

is perfectly acceptable, and generally preferable, to just say “I don’t

know” when you don’t know! A few years ago, a collector I know

was asked to opine on the enforceability of a judgment lien in a

certain state. To make the issue more complicated, it was a Spanish-

speaking consumer speaking with a bilingual collector. Unfortu-

nately, the collector tried to answer the question and got it wrong.

As a result, the firm paid several thousand dollars to settle the case.

“Attorneys who represent consumers have become quite

sophisticated in coaching their clients and

have trained clients to question collectors

about the

specifics of legal actions.”

By industry insider Connell Loftus, Esq.

Continued on Page 14

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Connell Loftus is an attorney who has practiced creditors’ rights and collection law for more than 16 years. Previously, he was the managing partner of two nationally recognized collection law firms that utilized hundreds of collectors in call centers nationwide. Currently, he serves as a consultant to the accounts receivables management industry and governmental entities with respect to operational processes and risk management. He resides with his family in Fairfax, Virginia. He can be reached at (703) 362-5783 or by email [email protected].

David Glezerman Assistant Vice President/Bursar

Temple University

Copyright 2011 © Skills World, LLC. All rights reserved www.collectormentor.com

“Every second you spend thinking about someone else’s dreams you take time away from your own.” ~ Yogi Ramen 14

July / August 2011 | collector mentor

Industry Tenure

36 years; of which 32 years are in higher education collections.

How I Got Here

While in college I took a summer job with a collection agency.

My Fun Fact

Currently trying to visit and see games at all 30 major league baseball stadiums (12 stadiums remaining).

A Book that I Enjoy

The World is Flat by Thomas Friedman

You Might Find Me

Reading, golfing, and traveling.

Favorite Quote

“You must be willing to risk hostility.”

Biggest Accomplishment

Co-creating the Higher Education Collection Specialist program for ACA International, and receiving NACUBO’s 2010 Professional Development Award. Next Big Goal

Developing my own consulting practice.

GETTING TO KNOW THE

EDITORIAL ADVISORY BOARD

Industry Tenure

19 years

How I Got Here

The company I was with 19 years ago purchased a significant amount of paper released through the RTC. Early portfolios contained lots of tangible assets such as cars and jewelry, but later portfolios also contained charged off credit cards.

My Fun Fact

To celebrate our 25th wedding anniversary, my husband and I took scuba lessons. The beauty of the water world just 20 feet below is remarkable.

A Book that I Enjoy

Any books written by James Mitchner or Philippa Gregory.

You Might Find Me

Reading, gardening, traveling, golfing, at the theater, spending time with grandchildren, and volunteering with non-profits such as Habitat for Humanity and Court Appointed Advocates.

Favorite Quote

“We could learn a lot from crayons; some are sharp, some are pretty, some are dull, while others are bright, some have weird names, but they all have to live together in the same box.” ~ Robert Fulghum

Biggest Accomplishment

Restoring financial integrity and a positive public image to a massive daycare system that had been compromised by a fraudulent executive director. Next Big Goal

To pursue writing and photography with the intent of writing a book and maybe even seeking a publisher.

Keep up to speed with the latest year-to-date FDCPA and other consumer rights lawsuit statistics courtesy of WebRecon, LLC. WebRecon, LLC, helps creditors and col lect ion f i rms eas i ly segregate predictably litigious consumers from their databases. A significant percent-age of consumer litigation is initiated by the same consumers over and over again, and scrubbing them from your database reduces the risk of lawsuits. For more information, please visi t www.webrecon.com.

THE BIG FOUR AS OF May 31, 2011THE BIG FOUR AS OF May 31, 2011

Fair Debt Collection Practices Act 4,970 Fair Credit Reporting Act 516 Truth-in-Lending Act 218 Telephone Consumer Protection Act 543

Note: Some lawsuits include alleged violations of several laws.

THE COUNT

Carol FreelandCarol FreelandCarol FreelandCarol Freeland

PresidentPresidentPresidentPresident

Acts+Acts+Acts+Acts+

Continued from Page 13

Had the collector just used those magic

words, “I don’t know,” no liability would

have arisen. This is a prime example of

when less is more.

When a collector doesn’t fully know the ins

and outs of a particular situation, he or she

is likely to provide inaccurate information.

Regardless of how honest a collector’s

intent , providing more informat ion

than necessary increases the risk for the

collector’s company and the client.

THE BOTTOM LINE The legal process is extremely complex.

Good collection lawyers spend years in law

school and more years practicing in court

learning their craft. In law school, I was

taught that “Good lawyers know when to

shut up!” A good lesson that, I think,

I have learned. But it can be difficult for

anyone to stay quiet when he thinks he

might know the answer. It is good to keep

in mind the wisdom of Mark Twain:

“It is better to keep your mouth closed

and let people think you are a fool,

than to open it and remove all doubt.”

Collectors are not fools; they are profes-

sionals struggling to do a difficult job. That

job can be made a little easier if they

would keep it simple and remember that less is more. cm

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� � � � Convention / Conference / Meeting � � � � Webinar / Teleseminar � � � � Seminar / Workshop

July 13 - 15, 2011 ���� 72nd Annual Convention & Exposition | ACA International Hilton Anatole, Dallas, Texas Phone: (925) 928-8000 ext. 137 Web: www.acainternational.org

July 20, 2011 ���� The SuperPower of Trust | collector mentor & insideARM.com ARM Summer School Session 1 Webinar Phone: (515) 339-5899 Web: www.insidearm.com/superstars

July 27, 2011 ���� Unmask Your Super Power | collector mentor & insideARM.com ARM Summer School Session 2 Webinar Phone: (515) 339-5899 Web: www.insidearm.com/superstars

August 3, 2011 ���� What You Don’t Know Could Hurt You | collector mentor & insideARM.com ARM Summer School Session 3 Webinar Phone: (515) 339-5899 Web: www.insidearm.com/superstars

August 10, 2011 ���� A Superior Tomorrow | collector mentor & insideARM.com ARM Summer School Session 4 Webinar Phone: (515) 339-5899 Web: www.insidearm.com/superstars

August 26, 2011 ���� Improving Collection Results with Effective Listening Skills | collector mentor Webinar Phone: (515) 339-5899 Web: www.collectormentor.com

September 13 - 15, 2011 ���� Debt Connection Symposium & Expo 2011 | Resource Management Services Red Rock Hotel, Las Vegas, Nevada Phone: (562) 906-1101 Web: www.dcs2011.com

September 23, 2011 ���� Motivating Employees to Be Their Best | collector mentor Webinar Phone: (515) 339-5899 Web: www.collectormentor.com

October 14, 2011 ���� Conducting Effective Coaching Meetings | collector mentor Webinar Phone: (515) 339-5899 Web: www.insidearm.com

October 21, 2011 ���� Unlock the Hidden Power of Your Negotiating Style | collector mentor Webinar Phone: (515) 339-5899 Web: www.collectormentor.com

November 4, 2011 ���� What’s Your Leadership Style? | collector mentor Webinar Phone: (515) 339-5899 Web: www.insidearm.com

November 15 - 16, 2011 ���� Professional Telephone Collectors Techniques | ACA International Webinar Phone: (925) 928-8000 ext. 137 Web: www.acainternational.org

November 18, 2011 ���� Complaint Handling & Service Recovery | collector mentor Webinar Phone: (515) 339-5899 Web: www.collectormentor.com

December 8, 2011 ���� FDCPA Hot Topics | ACA International Webinar Phone: (925) 928-8000 ext. 137 Web: www.acainternational.org

December 9, 2011 ���� Team Effectiveness Profile | collector mentor Webinar Phone: (515) 339-5899 Web: www.collectormentor.com

December 16, 2011 ���� Improving Collection Results with Effective Listening Skills | collector mentor Webinar Phone: (515) 339-5899 Web: www.collectormentor.com

January 13, 2012 ���� Trust: The Ultimate Test | collector mentor Webinar Phone: (515) 339-5899 Web: www.collectormentor.com

January 20, 2012 ���� Coaching for Results | collector mentor Webinar Phone: (515) 339-5899 Web: www.collectormentor.com

For more information, please visit: www.collectormentor.com/events

www.collectormentor.com Copyright 2011 © Skills World, LLC. All rights reserved.

“The trouble with not having a goal is that you can spend your life running up and down the field and never score.” ~ Bill Copeland

collector mentor | July / August 2011

15

LOOKING AHEAD

Networking�and�Learning�Opportunities�

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Copyright 2011 © Skills World, LLC. All rights reserved www.collectormentor.com

“Mental attitude is more important than mental capacity.” ~ Walter Dill Scott

July / August 2011 | collector mentor

ETC.

The�10�Commandments��of�Professionalism PROFESSIONALISM. Clients expect it. Companies need it. Consumers de-

mand it. And, according to mainstream media, it is something that is lack-

ing in the collections industry.

But what exactly is it? Good question!

According to Merriam-Webster’s online dictionary, professionalism is:

The conduct, aims, or qualities that characterize or mark a profession or professional person.

According to a 2009 Polk-Lepson Research Group study, 88 percent of

executives and human resource professionals believe that professionalism

is related to the person, not the job. Furthermore, an astounding 98

percent claim that professionalism weighs heavily on their hiring decisions.

When asked what constitutes unprofessionalism, the group identified

factors such as poor work ethic, negative attitude, disrespectful behavior,

and poor communication skills among others.

There are some elements of professionalism that apply equally across all

industries, however, there are also standards unique to specific jobs.

A couple of months ago we asked collection industry members on the

social networking site LinkedIn to share their opinions on what they

believe to be the “10 Commandments” for frontline collectors. There were

some great responses, comments, and discussions.

One response in particular caught our attention, and we wanted to share it

with our readers. The commandments come from Patrick J. Dangel of

Trott & Trott, P.C., based in Farmington Hills, Michigan.

We believe that adhering to Patrick’s list will not only produce better

collection results, but will also help to deliver the professionalism that clients, companies, and consumers expect. cm

I.I.I.I. Treat all consumers with the respect they

deserve as human beings. Don't talk down to them, don't talk at them, talk with them.

You are always talking to someone's mother, father, brother, sister, neighbor—act like it.

II.II.II.II. Find a solution to the problem. If the consumer can't pay now, leave him respectfully and with the idea that you can help him find closure when he is in a position to work with you.

III.III.III.III. Be ethical. No dollar is worth

collecting any other way.

IV.IV.IV.IV. Use the proper tone for the situation, and remember that getting excited never works.

V.V.V.V. Don't allow yourself to get baited

into a war of words.

VI.VI.VI.VI. Do what you say you will.

VII.VII.VII.VII. Don't say what you know you can't deliver.

VIII.VIII.VIII.VIII. Understand that you have a responsibility, and

the ability, to positively influence the perception of debt collectors.

IX.IX.IX.IX. Listen. Truly listen. Most of the time what the consumer says will help you find a solution.

X.X.X.X. Always think you are being recorded, because

you probably are. Don't say anything you wouldn't want to see on the evening news.

Do you agree with Patrick’s list? What would you add? Take a moment to create your own list. Then, hold a team meeting and invite each person to share his or her 10 commandments. Spend some time discussing similarities and differences. For extra credit, create a team list by condensing individual results into one list that everyone can get behind and support.

DANGEL’S 10 COMMANDMENTS

FOR FRONTLINE COLLECTION PROFESSIONALS

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From “Is Your Parachute Open?,” page 2

1. Keeping an open mind can lead to increased levels of creativity.

A. True B. False

From “The Real Frontline: One Agency’s Story,” page 3/4

2. Sarah Tiger’s personal philosophy includes:

A. Effective communication, self-motivation, and positivity.

B. Good attendance, rapport-building, and positivity.

C. Effective communication, goal setting, and trust.

From “Who Signed the Fair Debt Collection Practices Act Into Law?,” page 5

3. President Franklin D. Roosevelt signed the FDCPA into law.

A. True B. False

4. What year did the famous Chicago Tribune articles run:

A. 1977

B. 1974

C. 1978

5. Congress overwhelming approved the FDCPA, voting 299-98.

A. True B. False

From “Headlines, Sidelines, and Offlines,” page 6

6. A consumer group recently issued a 20-page report to the FTC, asking

it to ban collectors from:

A. Calling cell numbers and sending letters

B. Using email and cell phones

C. Using autodialers and text messaging

D. Using social security numbers and email

From “Remember: It’s Not a Debate!,” page 7

7. There are ____ negotiating styles.

A. 3 B. 5

C. 2 D. 7

From “30-Day Forecast: Sunny, Clear, No Chance of Overshadowing,” page 8

8. The section of the FDCPA that addresses overshadowing:

A. 804

B. 703

C. 809

D. No section specifically address overshadowing

9. Overshadowing can occur in both written correspondence as well as

verbal communication.

A. True B. False

10. It is a clear violation of the FDCPA to attempt to collect from the

consumer during the 30-day validation notice period.

A. True B. False

From “4 Ways to Sink Your Career With Facebook,” page 12

11. _______ percent of college students may be using Facebook in a

manner that could jeopardize their employment opportunities.

A. 94 B. 65

C. 83 D. 75

12. Inappropriate use of social media can be a silent career killer.

A. True B. False

From “The Count,” page 14

13. As of May 31, 2011, _______ of Truth-in-Lending lawsuits have been

filed this year.

A. 213 B. 218

C. 312 D 543

From “What Happens ... Account Has Been Referred to an Attorney?,” page 15

14. Attorney Connell Loftus’ rules for responding to consumer inquires

are to keep it simple and remember that more is less.

A. True B. False

15. Regardless of a collector’s intent, providing more information than

necessary increases risk for the collector’s company and clients.

A. True B. False

From “The 10 Commandments of Professionalism,” page 16

16. _______ percent of executives and human resource professionals

claim that professionalism has a part in hiring decisions.

A. 94 B. 72

C. 98 D. 53

17. 88 percent of executives and human resource professionals believe that

professionalism relates to the job, not the person.

A. True B. False

EXTRA CREDIT

Testing�Your�Knowledge�All of the questions on the test below come from articles in this issue. The answer key is available for download online. If you have any questions regarding the Extra Credit test, please contact us at [email protected].

www.collectormentor.com Copyright 2011 © Skills World, LLC. All rights reserved.

“Far and away the best prize that life has to offer is the chance to work hard at work worth doing.” ~ Theodore Roosevelt

collector mentor | July / August 2011

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Copyright 2011 © Skills World, LLC. All rights reserved www.collectormentor.com

“I wanted to be an outstanding player, that was my ambition” ~ Imran Khan 18

Do you know an

outstanding collector? The Outstanding Collection Professional Award is designed to honor employees in the credit and collection industry who perform their duties at an outstanding level of service and who represent the industry in a positive, professional manner.

For more details, please visit www.collectormentor.comoutstandingcollector

Page 20: CAN ANYTHING ELSE HAVE A BIGGER IMPACT ON WORKPLACE ...€¦ · 14 LOOKING AHEADThe 10 Commandments Networking and Learning Opportunities 15 Obtaining Cell Phone Consent THE COUNT

ARM SUMMER SCHOOL 2011 Creating Superstar Supervisors

Ideal for trainers, team leads, supervisors,

managers, and collection agency owners.

Classes start July 20! If you want engaged, energized, loyal employees, you must have the best supervisors leading the way. This summer, let's help your leaders become superstars.

The ARM Summer School program is a thorough four-course learning experience for supervisors and managers that includes web-based self assessments, online Virtual Learning Labs, testing to make sure students have gotten the lesson, and even follow-up to help supervisors to implement what they've learned. There is no travel and there are no full days off the collection floor. The program takes place over four weeks, requiring just a few hours per week. • The SuperPower of Trust: Building Authentic Relationships that Accelerate Performance and Boost Loyalty

• Unmask Your Super Power: How to Use Your Personal Leadership Style to Help Every Employee Achieve Peak Performance

• What You Don’t Know Could Hurt You: 5 Skills Every Superstar Supervisor Must Have

• A Superior Tomorrow: Increasing Employee Performance Through 5 Critical Coaching Skills

*** SPACE IS LIMITED ***

For course descriptions, learning objectives, and registration details, please

visit www.insidearm.com/superstars.

Over a 12-month period companies with high levels of employee engagement improved operating income by 19%, while companies with low levels of engagement saw a drop of more than 32%. Towers Perrin’s Global Workforce Study 2007-2008

Engaged employees outperform average employees by 20%. Corporate Executive Board study 2004

Highly engaged employees are 87% less likely to leave their company. Corporate Executive Board study 2004

DID YOU KNOW?

collector mentor subscribers save 25%!

For additional details, please contact us at 515-339-5899 or [email protected].