I feel very strongly that this is a must attend session for all collection attorneys.  I hope to see you there!  Beverly Unrath – Director of Business Development

I spoke to the manager, who apologized for the poor service and told me how she was going to correct it by speaking to her staff. Then she wrote down my name and address so she could mail me a coupon for a return visit. Three days later, I got a very nice letter in the mail thanking me for my phone call and the feedback I gave about my experience. The letter went on to say what a valued customer I was, and how my comments helped them in training their staff so that others could enjoy better service. By the time I got to the bottom of the letter and saw my free coupons, I had a smile on my face. All I did was what I would expect of anyone – tell someone about the problem so it can be addressed. Granted, the coupons for free coffee were great, but it was mostly the idea that I was able to help someone else have a better experience.

In today’s fast-paced world of immediate gratification, I did what some would consider outside the “norm.” I didn’t text, email or Facebook about my complaint. I picked up the phone and called. The lack of a full coffee and the poor service I received was important enough that I wanted an immediate “fix,” and I knew the only way to get it was to speak to a live person.

In business today, what do you consider acceptable communication when you are not getting the response you need?

Do you email? Do you fax? Or do you call and make a human connection?

We’d like to hear from you! Share an experience on what worked for you to open those lines of communication.

By Leslie Herr, NL Director of Operations

Use and Admission of Records in Collection Cases

Participants: Karen L. Jones and Christopher K. Durso, Evans & Dixon, LLC

On a contested matter, a collection attorney must not only have the documentation needed to prove the case at trial, but must also ensure that the documentation will be admitted into evidence. In some states, this is not as simple as one might expect. Our presentation will provide an overview of evidentiary issues faced by collection attorneys at trial.  We will discuss what elements of a case particular documents should be used to prove, the foundation that must be laid, common objections that are raised by opposing counsel, and arguments in response to those objections.  We will also discuss some of the documents that may be required and the unique issues that arise in proving the chain of title for an account.

Use of Wireless Communications, Autodialers, Email & Social Networking in Collections Process

Panel Members: Scott Paris, Keith D. Weiner & Associates Co., L.P.A.; Thomas L. Canary, Jr., Mapother & Mapother, PSC; Keith D. Weiner, Keith D. Weiner & associates Co., L.P.A.

The FDCPA was enacted by Congress in 1977 to protect consumers from abusive debt collection practices, chiefly via land-line telephones and U.S. Mail.. Since then, technology has expanded to include email, the Internet, social networking and extensive mobile communications. The FDCPA has not been amended to address any of these new forms of communication. In light of court decisions during the past decade, it is clear that contacting debtors by any of these means constitutes a communication for FDCPA purposes. To date, courts have provided little guidance to help collection firms utilize more contemporary communication methods.

This issue is at the forefront of changes to come in enforcement and application of the FDCPA. The panel will discuss these changes in technology and how they relate to compliance under the FDCPA. They will explore many of the pitfalls inherent in utilizing these newer forms of communication, as well as legitimate, compliant and helpful ways to use them.

Billion Dollar Decisions: Protecting your Client’s Brand

Speakers: Kenneth Wake, Blatt, Hasenmiller, Leibsker & Moore, LLC; Donald Maurice, Maurice & Needleman, P.C.

Compliance is the “hot” topic in the industry with a “new normal” being set by regulators, courts and creditors. This session will provide attendees with take-away policies and procedures that enhance their ability to manage the heightened expectations of clients as they relate to compliance. It will delve into the details of developing internal programs to manage TCPA regulations & autodialing cell phones, call monitoring & recording, file review, post judgment execution no-no’s, web payment portals, use of email in collections and the safeguarding of customers’ personal information.

Client Panel Discussion of Audit Preparedness

Panel Members: Tina Thomas, Asset Acceptance; Missy Massey, Portfolio Recovery Associates; Matt Russell, TRAKAmerica

Preparation for a client audit can be daunting, especially if it is your first time being audited or the first time for this particular client. Even veterans of the audit process sweat a little. This session on Audit Preparedness, presented by a panel of three forwarders, will address how to prepare for an audit. It will offer tips on what documents to review in preparation, how to prepare audit binders, questions to ask the client and timelines for the audit and audit responses. Most forwarders will have a pre-audit meeting discussing what they will be auditing and whether the audit will be on-site or off-site. Unless there are critical issues that have arisen and there is concern on the part of the client, most auditors will give a three to four week lead time in scheduling the audit which should give you ample time to begin the review in preparation for the actual audit. Plan to attend this seminar so you are as cool as a cucumber the next time the client utters the word, “Audit”.

Look for articles enlarging on some of these topics in The National List eNewsletter.

By Beverly Unrath, Director of Business Development

The CLLA originated in 1895, and its members are very loyal to and proud of their organization. My interest in CLLA began after The National List’s Gerry Cowgill announced her retirement, and I was informed I would be reaching out to commercial clients and jumping into the commercial law collections world. At the time of Gerry’s announcement, I was very new to NL and the industry as a whole. Gerry had been an integral part of NL for 25 years, and she had a loyal following among the tight-knit family of CLLA attorney members and agency forwarders. Now I have the opportunity to help firms grow their collections practice and be available to all, like the friend and leader Gerry was.

When expressing my nervousness over trying to fill such big shoes, a good friend and mentor said, “Just go and make friends, like I know you will.” That small piece of advice meant so much and stuck with me throughout the conference. I hope that I can give this same advice to someone preparing for their first conference, as it’s really the truth… Just go and make friends!

After arriving in Chicago, I stood in front of the Westin on Michigan Avenue thinking how lucky I was to be where this conference has been held for years. I had barely checked in when I was overcome by the warmth that I received from our valued attorney members and clients. The league is currently looking for growth, and especially for new members to continue the legacy they’ve built. I am excited to come aboard and be a part of this effort.

I was very honest with my fellow league members, and I introduced myself by saying, “I’m very new, but I’m excited to be a part of this league. I hope that I can be beneficial to the league in some way by being here.” This seemed to resonate with both new and old members of CLLA. I definitely felt a warm welcome and excitement from members who have been a part of this league for 30+ years, and new members seemed excited to go on this adventure with me.

For four days, as I walked between meetings, classes and events, I met many of CLLA’s loyal members. I heard stories of their amazing experiences withThe National List, especially Gerry, Jeff and  Randy. I felt very humbled and inspired by how these same league members embraced me as The National List’s new representative. I definitely feel that I left my first Chicago CLLA conference with many new friends, new clients and even stronger bonds with people I already knew.

There will be many changes that take place in the time between upcoming conferences, and I am excited to be a part of this dynamic industry. I look forward to attending additional conferences, and I aspire to eventually become a true asset to the CLLA and to our industry, like our dear friend, Gerry Cowgill, my mentor Randy Nicola and my leader, Jeffrey Zuck.

by Kacey Rask, Account Executive

Dir: 701.425.0984; 800.227.1675 ext. 104

Exciting Agenda

The agenda for the Summit includes an impressive list of speakers. Highlights include: The Summit welcome address will be delivered by David Silverman, President of the Colorado Creditor Bar Association and Managing Member of Silverman/Borenstein; Patrick J. Morris, CEO of ACA International and a standards industry veteran, presenting “Industry Standards: An Experienced View;” Jacques Machol, III, Co-Manager of Machol & Johannes, will speak with a Colorado judge on the subject of “Process Serving and Collection Litigation;”  Scott Levine, President of JJL Process, will describe the latest developments in “New Technology and Process Serving.”

Distinguished Advisory Board
The Summit has also announced a distinguished list of Advisory Board members: Tom Balcerzak of AACA, Beau Hays of Hays & Potter, Scott Levine of JJL Process, Nick Machol of Machol & Johannes, Mike Debski of Rubin & Debski, Ron Canter of The Law Offices of Ronald S. Canter, Matt Russell of TrakAmerica, Jim Mastriani of Velocity, and Ben Zarzaur of Zarzaur & Schwartz.

Contact

For more information on the Process Serving Standards Summit, please check out the conference website, www.processservingstandards.com, contact Joel Rosenthal at (561) 312-7602 (phone) or joel.rosenthal@jjlprocess.com (email).

by Joel Rosenthal, Director of Business Development, JJL Process Corporation

The information gathered through the Compliance Program is made available to NL clients to help ensure that the law firms in their legal network are in compliance with their work and ethical standards, terms and conditions, insurance requirements and more.

Having an information provider like The National List (NL) helps clients perform the due diligence that they need to stay informed. Law firms save time and money by providing compliance information to The National List once each year.

But don’t take our word for it. Read what two very satisfied participants have to say about the NL Compliance Program.

An attorney who manages a legal network was the first member of the NL Compliance Program. This member participates in the compliance program both as an attorney and also as a client. “Doing both gives us a greater understanding of why filling out all the forms and providing all the information NL asks for is so important. We know it’s critical. One hundred percent of our forwarded collection claims go through NL. We recommend NL to others because our entire legal network gives better service to our clients due to our relationship with NL and the services they provide.”

The operations manager of a firm that works with NL stated, “We forward all our litigation matters to NL attorneys. We know they all go through a thorough review process. We found that attorneys referred through NL perform better than those we found on our own. NL saves us a lot of time that would be spent trying to locate new attorneys, tracking down copies of needed insurance forms, and gathering the information that ensures a quality referral. We also get the credit reporting and reviews NL requires attorneys to submit. The information is provided in a timely manner, is user-friendly and complete. We recommend the NL Compliance Program to others, because it has made our lives here at the firm easier.”

Katie Stromstad, Compliance Administrator at The National List of Attorneys, is responsible for gathering complete information from NL law firms annually on behalf of our clients. Katie has a strong background in customer service. She uses these skills as she builds relationships between clients and NL attorney members.

To Learn more about NL’s Compliance Program and find out and if you qualify, visit our website or contact Beverly Unrath directly at 701.425.0982 or via  bunrath@nationallist.com.

by Nancy Lender, The National List

Just write a page or less about a topic of interest to the industry, especially about any court decisions resulting from a case or trial you have been involved with, and we’ll post it On the N List, our weekly blog, and on the www.creditorsrightslawfirms.com blog , over your name.  As a “Guest Blogger,” you can increase your exposure and your credibility with NL clients and others who visit our site.

Not a writer?

Don’t consider yourself a writer? No worries! We will proof it for you and still give you the “last say” about any changes we propose.

When your blog has been accepted and a publication date set, you can send an email to all of your clients and other contacts encouraging them to read your NL blog. While they are there, they will be only a few clicks away from registering claims with you. Being “spotlighted” in this way could bring in new business, as well as reminding clients who have used you before that your services are easily available to them and recommended by The National List.

Looking for Ideas?

Check out the topics that have already been covered on CreditorsRightsLawFirms.com and On the N List. You might find that you have something of interest to add. Don’t wait until someone else uses your idea. Our readers will be interested in reading about what you are interested in! Don’t pass up this opportunity to be in front of people who will benefit from knowing you better.

Get noticed by getting published. Send your contribution to Beverly Unrath, director of Business Development.

By Nancy Lender, NL Marketing Assistant

DebtNext conducted a financial audit, security audit and performance audit. “They found lost remits and identified accounts that were sitting for 18 months, when a suit should have been filed,” our client said. Since the audit, the firm has been collecting more money than ever before. They are now communicating and performing better. “The price of the audit could be two times as much and still be an amazing value. We will definitely be using them again!”

The process DebtNext (DN) incorporated with the NL client, and how it can help others that are in the same position is explained by Thom Majka, DN Director of Business Development:

“The key to a successful audit is in setting the expectations with the collection law firm. DN sends its pre-audit questionnaire to the vendor prior to the on-site audit; the questionnaire is an outline and overview of the specific areas that will be reviewed during the audit process.

“The questionnaire, which focuses on performance, assists the DN team in tailoring the process to each client. Performance depends on the vendor’s people, systems and processes.  The audit described here enforces how our PSP (People, Systems, Process) audit program uncovered issues related to improper account handling by one of the firm’s employees (people), who was responsible for managing accounts according to the firm’s work-flow/collection-treatment policy (process).

“DebtNext auditors are the client’s eyes and ears. We ask the questions during the audit, in order to get the best understanding of the vendor’s strengths or weaknesses, as they relate to the firm’s people, systems and processes.

“The DN message to its clients and their respected vendors is: ‘It’s not what you expect, it’s what you inspect.’”

By Beverly Unrath & Thom Majka

Tried Everything

We tried every viable option to make the VoIP work for us before looking at alternative options. Ultimately we decided that we had exceeded our “pain threshold.” We contacted multiple telecom companies, spoke with our network support company, and after several weeks of research, we all came to the same conclusion. We had to make a change. We signed a contract for a new system. It’s an IP PBX-hybrid system, with an ISDN PRI (T-1) line to our office for call reliability and stability, and with hardware in our office that gives us IP functionality over our in-office network, as well as with our external offices.

A Learning Experience

We look at the whole experience as a learning one. Even though we had problems, we learned things about how we operate as a company that ultimately helped us determine the type of system that will work best for us. Others may have a different experience. During the process, as I spoke with an attorney, the call was dropped. I apologized to him and told him the problems we were experiencing with our VoIP phone system. His response was “No worries! I have VoIP, as well, and it happens to me, too, but for me that’s okay, because the tradeoff in cost and the ability to be able to call my other office (opposite coast) with a click of a button is worth it.”

The Saga Continues

The new system was just installed and  we are waiting to see how our saga ends. Watch for the continuation of our Phone System Saga in our April 17^th eNewsletter. We hope our experience gets you thinking about the quality and reliability of your own phone system. The article will include advice that a few telecom experts we talked to are willing to share. If your firm or agency is looking for a new phone system or for ways to get more out of the one you have, using their words could help you ask the right questions and come to a satisfactory conclusion of your own Phone System Saga.

by Leslie Herr, Randy Nicola and Nancy Lender, National List Staff

Additional Information

The Details page also shows the calories per serving, % of people who like it, FoodPoints values, warnings, and other details the manufacturer may or may not want you to know (e.g., extensive processing). The various warnings displayed for some foods include excessive sugar, trans fats, controversial food colorings, and confusing serving sizes. The alternatives tab displays related items that earn a better grade than the product you’ve scanned. A helpful feature is that you can instantly see the reasons why another item is better, like having healthier ingredients and more nutrients. The app has information on over 200,000 products, and they say the number is growing daily. It requires the Android OS version 2.2 or higher, touch screen and camera. It is also available for iPhone.

We’d like to hear about your experience with Fooducate or one of your favorite apps! Please enter a comment.

by Beverly Unrath, National List.