36
southwest PRESORTED STANDARD US POSTAGE PAID PERMIT #372 AUSTIN, TX The Official Quarterly Publication of the American Collectors Association of Texas • Vol. 29 No. 3 • Summer 2016 Collector Connector INSIDE: 2017 Conference Announcement DOL Limits Overtime Exemptions Scholarship Essays

southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

  • Upload
    others

  • View
    2

  • Download
    0

Embed Size (px)

Citation preview

Page 1: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

southwest

PRESORTED STANDARDUS POSTAGE

PAID PERMIT #372AUSTIN, TX

The Official Quarterly Publication of the American Collectors Association of Texas • Vol. 29 No. 3 • Summer 2016Collector Connector

INSIDE:• 2017 Conference Announcement• DOL Limits Overtime Exemptions• Scholarship Essays

Page 2: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

aca of texasBRONZESpONSOR

aca of texasASSOCIATE

MEMBER

Page 3: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

From Paul’s Desk: How Good Are You at Hiring Sales Reps ......................9 Paul Morrow

The DOL Limits “White Collar” Overtime Exemptions ..........................11 Clayton Hearn, Esq. & Justin Markel, Esq.

69th Annual Conference, Expo and Legislative Summit ...........................13

Announcement: Educational Foundation Scholarship Winners ................21 Leslie Ortiz, San Antonio Jamie Williams, Royce City How Visions Become Shared ....................................................................19 Jeff Wolf

Profits Hidden in Employee Health .........................................................21 Erika Marcoux

ACA International Convention Highlights...............................................22

features

table of contents

President’s Letter ........................................................................................... 5

Executive Director’s Comments .................................................................... 7

Legislative Update .......................................................................................15

CollectPAC ..................................................................................................25

Member News ..............................................................................................27

Professional Education and Development ..................................................29

Collection Marketplace ...............................................................................30

Index to Advertisers .....................................................................................34

departments

southwest collector connector is designed by Joseph Moreno, ArtJam Productions, Inc.

Cover Photo: “I See What You Mean,” AKA the giant blue bear sculpture peeking into the Colorado Convention Center’s lobby cannot be ignored as you approach the Center. The 40-foot-high bear, which injects a welcome sense of fun and playfulness into the convention center experience, is the creation of local artist Lawrence Argent. It was installed in 2005 and has quickly become a bona fide Mile High City icon – and a can’t-miss photo op for tourists and locals alike.

Page 4: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

One vendor. Multiple solutions.

For over 30 years, DAKCS Software Systems has remained a leader

in simplifying the process of accounts receivable management and

collection software by creating integrated, innovative cloud and

on-premise based solutions.

Set up a discovery call and online demo with us today.

Don’t settle for other vendors’ de�nition of “integration”. To learn

more about DAKCS and Beyond ARM, call 1.800.873.2527 or visit

us at dakcs.com/texascollector.

aca of texasASSOCIATE

MEMBER

Page 5: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

Summer 2016 Southwest Collector Connector 5

This is an election year in our country and it is shaping up to be one of the most “interesting” elections in my life time, and maybe in the history of this country. Whether you are a Democrat or a Republican, or even a Libertarian, the candidates are looking and acting like some of the most polarizing individuals we’ve ever seen. I have tremendous faith in the overall strength and fortitude of the people of this great nation, but I fear we all may come out of this election a little blooded and bruised when it is all over. What doesn’t break us makes us stronger, right?

Speaking of politics…if you live and/or work in Texas then you know that our legislators only meet in Austin every other year. Well, they are set to come together in early 2017 and your ACA of Texas leadership has scheduled our annual Expo and Conference for this coming February in Austin, Texas. The Expo and Conference is scheduled for February 20-22, 2017 and will be held in Austin at the Crowne Plaza Hotel. We have again combined our Expo and Conference with our Legislative Capitol discussion and visit so it should be a very exciting and informative event that is well worth attending. The event is set up so attendees will have a chance to get valuable insights into the latest news from the CFPB and other regulatory agencies at the beginning of the event and then we will transition to a Texas legislative focus on the backend of the event. It will end with a visit to the Texas Capitol and meetings with our Texas representatives and/or their staff. This is a great opportunity for you to let your local representative know how important our industry is to your community and the state of Texas.

Last week the CFPB released their outline on proposed rules for the collection industry. I am still working my way through all of it so it is too early to form any opinions as to its impact on our industry. I recommend everyone take the time to read through the release as it is just the beginning. This is the first release of proposed rules that the CFPB has stated will accomplish their goal of remaking the rules under the nearly 40 year old FDCPA directive. The outline from the CFPB applies primarily to third-party debt collectors and debt buyers; however, they have made it clear that they intend to address consumer protection issues involving first-party debt collectors and creditors in the near future.

Just one more reason to join us in February in Austin. I look forward to seeing each of you there.

Regards,

Ron Nunley

from the president

PRESIDENTRon NunleyDirector of Business Solutions SWC Group4120 International Parkway, Suite 1100Carrollton, TX [email protected]

PRESIDENT-ELECTAndrew Marancik, Esq.General Counsel/Chief Compliance OfficerLTD Financial Services7322 Southwest Freeway, Suite 1600Houston, TX [email protected]

VICE PRESIDENTSteve WhighamDirector of OperationsMcCreary, Veselka, Bragg & Allen, PC700 Jeffery Way, Suite 100Round Rock, TX [email protected]

TREASURERFelipe OssaChief Compliance OfficerAssets Recovered8350 N. Central Expressway, Suite 600Dallas, TX 75206

PAST PRESIDENT Jeff HurtPresidentSWC Group4120 International Parkway, Suite 1100Carrollton, TX [email protected]

NATIONAL DELEGATESJulie Goforth, San Antonio (2013-2017)Tom Stockton, Carrollton (2013-2017)Darlene Mead, Fort Worth (2015-2018)Stephanie Rifenberg, Amarillo (2015-2018)

STATE DIRECTORSCarrie Finney, Carrollton (2013-2017)Jordan Freytag, Austin (2013-2017)Cindy Huddleston, Dallas (2015-2018)Rick V. Anderson, Houston (2015-2018)Lisa True, Coppell (2016-2019)Robert Ridgeway, Sherman (2016-2019)

EXECUTIVE DIRECTOR Thomas G. Morgan18604 Interstate 20 WestLindale, TX [email protected]

What a year 2016 is turning out to be!

Page 6: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

312-399-8178 • connect-bpo.com

Your staff costs you more than you think.

Connect International can save you 40% off your employee costs.

Bigger isn’t always better.

CollectionsQuality AssuranceBack Office Support

aca of texasBRONZESpONSOR

aca of texasASSOCIATE

MEMBER

Page 7: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

Summer 2016 Southwest Collector Connector 7

executive director’s comments

By the time you read this column it may even be hotter than it is now. After over a year of excessive rain across the state we are back to normal for this time of year. Looking for rain clouds!

However, I would suspect that for our members, there is no time for the “summer doldrums” as everyone I speak with is usually pretty busy. As we all know, there are plenty of moving parts in running our businesses (and this association).

Therefore, we urge you to mark your calendars for our 69th Annual Conference & Expo that will be held at the Crowne Plaza Hotel in Austin, February 20-22, 2017 (see the announcement on page 13). Your association officers and others are planning for this event and are working on developing a list of potential speakers and topics of high interest. Do you have a burning desire for a particular speaker/topic to be on the program? If yes, send me an email, we would welcome your input.

With 2017 being a Legislative year at the Texas Legislature, we are again combining our Legislative Summit (Day at the Capitol) with the conference. Which also brings to mind that 2016 is a very important election year. (So far, it has been a very different and contentious year.) We urge all of our members (and other readers) to get involved, know your state and national legislators and make your voice heard (see the Legislative Update on page 15).

I trust that within this issue you will find ideas and information that you can use in your business. The articles range from Sales (Paul Morrow), to understanding Shared Vision from management consultant Jeff Wolf, to finding Profits in Employee Health (Marcoux). Especially helpful is the article concerning DOL Limits on Overtime Exemptions from attorneys Hearn and Markel. We welcome your constructive criticism regarding the magazine. Our goal is always to make it relevant and valuable to our many readers. Your feedback is always appreciated.

Also included in this issue are the winning scholarship essays written by our two scholarship winners (see page 17). I would like to take this opportunity to remind our member companies that our Educational Foundation will be announcing the 2017 Scholarship competition in January. Please make your employees aware of this opportunity. Now is the time for high school seniors to begin making their plans to apply for scholarships such as those offered by our Foundation.

ACA of Texas is a trade association that represents approximately 160 third-party debt collection agencies and attorney firms with offices in Texas. The primary purpose of a trade association is to advance the common business interests of its members. This is accomplished in several ways; through educational opportunities (our conference and this magazine), through political advocacy (representation in Austin during the legislative session and through our political action committee, CollectPAC), through maintaining positive public relations (our PR Committee as well as our Educational Foundation and its scholarship program) and through the active involvement of our members at both the state and local level.

It is my pleasure to report that once again ACA of Texas has been awarded (for 2015) a Unit Certificate of Excellence by ACA International. ACA of Texas is successful as an association because of its dedicated members who freely give of their time, their talents and their resources to make this association one of the leading units within ACA International. How is all of this possible; because of our board members (see page 5), the Educational Foundation Trustees, the CollectPAC Trustees, and the many committee members who all serve without compensation. Go to our website (www.acaoftexas.org) to see the full list of these dedicated volunteers and, when you can, give them a big “Thank You.” Maybe you would be interested in joining this elite group, if so, give me a call. We are always looking for a few good men and women who are willing to serve.

As always, thank you for allowing me the privilege to serve as your Executive Director (this July marks 8 years, hard to believe). If I can assist you in any way, please do not hesitate to give me a call or send me an email.

Sincerely,

Tom Morgan, Executive Director

The Conference is Over and Done; but the Elections are not!

Page 8: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

aca of texasDIAMOND

SpONSOR

aca of texasASSOCIATE

MEMBER

Page 9: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

Summer 2016 Southwest Collector Connector 9

Many owners have told me that they have had a number of sales representatives in the past of which many of them were not successful. There are two main reasons for this and the first is hiring the right person and then having a sales management system in place to review sales activity. This article will target the hiring process.

Hiring is the most crucial step in managing a successful sales team, however many have not done this well in the past. Most agency owners have developed into competent operating managers but have not done well in creating a sales staff.

A trap that many owners fall into is selling your agency when you should have the sales candidate sell themselves. This is because as an owner you are proud of your accomplishments but at this point it is imperative to find out the candidates past experience. It is necessary to disregard what is important to you versus determining how the candidate will be able to contribute to your agency by using their skills, desire and past experience.

It is also important to verify the accuracy of their success stories. A candidate can provide a recent W-2 and a commission statement indicating how he earned commissions. A candidate should indicate which clients that they personally sold versus any that were transferred to the candidate for servicing purposes.

An initial phone interview can identify any reasons not to invite them in for an in person interview due to location, compensation, type of client base. On this call you can determine the type of client that the candidate is comfortable with along with the type of volumes he has been selling.

During an in person interview the candidate should be exposed to other staff members in order for you and the candidate to get a different perspective on the position and the overall agency. A group interview will allow you to see this person in their sales environment and you will have unbiased people be able to review this person.

A third interview, whether on the phone or in person, will enable you to fill any open questions that you or your staff might have to complete the process.

Reference checks are important and many times they are done incorrectly. It is natural for the candidate to provide you with his best references and they should include industry contacts where possible, such as clients and people who he has worked for in the past or currently.

Many hiring managers use intuition which only goes so far in the process. You will need a structured approach so that you will use several different steps each time you are hiring to ensure that you are fully reviewing this person’s background and capabilities.

An additional step would be to interview your existing customers to see what aspects of a person they feel are important to them in a sales situation.

Since you are hiring for a specific service all sales reps will not be a good match. Therefore you will need to determine the sales skills required to sell your exact services. This would include past experience selling to your targeted market and specific knowledge of your operating process.

A good step would also be to use a third party to test the individual to determine their sales potential compared to others who have been successful.

Most sales representatives in our industry will not be able to bring some of their existing clients to your agency therefore do not put much emphasis on this situation.

You should also hire on a conditional basis based upon precise measurements for success in your agency.

There are many other aspects of ensuring the hiring of a good candidate which would include compensation geared to your goals, proper training, activity measurement and ongoing communication.

The wrong hire will cost you thousands of dollars while the right hire will bring in thousands of dollars in additional revenue. As well as other intangible things such as positive client relationships and an untarnished image to name a few.

I hope you find this article helpful and if you have any questions on this process please let me know.

If you would like to learn more about this topic or other sales management challenges you would like to discuss please call Paul at 215-219-8346 or email him at [email protected].

From Paul’s DeskHow good are you at hiring Sales reps?

By Paul Morrow

Page 10: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

LexisNexis, LexID and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties, Inc., used under license. Copyright © 2016. All rights reserved.

Technology. Innovation. Insight.LexisNexis® Risk Solutions delivers powerful solutions that

maximize Right-Party Contacts leveraging superior analytics and

comprehensive compliance support.

Leverage the power of LexID®, our advanced data-linking

technology, to build informed collection strategies that keep your

resources focused on the accounts where you can get the best

results. Collect with confidence with LexisNexis Risk Solutions.

For more information:call 866.528.0780 or visit lexisnexis.com/risk/receivables-management

Identify more right party contacts, obtain better segmentation and drive increased workflow efficiencies and profitability with LexisNexis® Receivables Management Solutions.

Partner with a top performer.

aca of texasASSOCIATE

MEMBER

Page 11: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

Summer 2016 Southwest Collector Connector 11 LexisNexis, LexID and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties, Inc., used under license. Copyright © 2016. All rights reserved.

Technology. Innovation. Insight.LexisNexis® Risk Solutions delivers powerful solutions that

maximize Right-Party Contacts leveraging superior analytics and

comprehensive compliance support.

Leverage the power of LexID®, our advanced data-linking

technology, to build informed collection strategies that keep your

resources focused on the accounts where you can get the best

results. Collect with confidence with LexisNexis Risk Solutions.

For more information:call 866.528.0780 or visit lexisnexis.com/risk/receivables-management

Identify more right party contacts, obtain better segmentation and drive increased workflow efficiencies and profitability with LexisNexis® Receivables Management Solutions.

Partner with a top performer.The DOL Limits “White Collar” Overtime Exemptions,

Employers Must Revisit Pay PracticesBy Clayton R. Hearn and Justin K. Markel

The U.S. Department of Labor recently limited the “white collar” overtime exemptions, making thousands more employees eligible for overtime wages. Beginning December 1, 2016, the compensation thresholds for these exemptions increase dramatically. This article discusses the “white collar” overtime exemptions generally, and explains the changes made by the DOL’s new rule. In light of these changes, the article also provides guidance for employers about ensuring compliance with the new rules, and taking steps to avoid potentially disastrous litigation.

How must employers pay their employees for overtime hours, and why does it matter?

The Fair Labor Standards Act requires employers to pay employees an overtime premium for hours worked over 40 in a workweek, unless they meet an exemption. So unless an employee is exempt, he or she must be paid 1.5 times their regular rate of pay for overtime hours worked in a workweek.

If an employer fails to properly pay an employee overtime wages, the results could be disastrous. Not only would the employer be liable for the employees’ unpaid overtime wages, but in most cases it would also be liable for “liquidated damages” in the same amount as the unpaid wages, as well as the employee’s attorney’s fees. The overtime law contains a “collective action” procedure, similar to a class action, where multiple employees can sue the employer as a class, exponentially increasing the employer’s attorneys’ fees.

Which “white collar” employees are exempt from the overtime pay requirement?

Many employees are not entitled to overtime wages because they meet an exemption. The most common ones are the “white collar” exemptions, specifically the executive exemption, the administrative exemption, and the professional exemption.

Each of these exemptions has two components, known as the

“salary” test and the “duties” test. Under the “duties” test, an employee’s primary duties must comprise certain “exempt” activities. For example, under the executive exemption, the employee’s primary duty must be managing the business (or managing a recognized department or subdivision), and the employee must customarily and regularly direct the work of two other full-time employees. What’s more, the employee must have the authority to hire or fire other employees, or the employee’s recommendations about hiring, firing, and other changes in employment status must be given particular weight.

Under the “salary” test of the executive, administrative, and professional exemptions, the employee must be paid a certain threshold amount on a salary basis. As discussed below, the DOL has increased this threshold.

In addit ion to the executive, administrative, and professional exemptions, an employee might satisfy the “highly compensated employee” exemption. Unlike the former exemptions, the latter only requires that the employee regularly perform one exempt duty (such as managing the business), and that the employee’s primary duty be simply non-manual office work. However, the “highly compensated employee” exemption also contains a higher

salary threshold, which is discussed below.

What did the DOL change?

As noted above, the executive, administrative, professional, and highly compensated employee exemptions contain salary thresholds. Recently, the DOL has increased these thresholds. For the executive, administrative, and professional exemptions, the salary threshold will increase from $455 per week (approximately $23,660 per year) to $913 per week (approximately $47,476 per year). For the highly compensated employee exemption, the salary threshold will increase from

Continued on page 31

Page 12: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

aca of texasASSOCIATE

MEMBER

Page 13: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

Summer 2016 Southwest Collector Connector 13

MAKE YOUR PLANS TO ATTEND THE

69th ANNUAL CONFERENCE AND EXPOSITIONAnd Legislative Summit

Going Back to the Crowne Plaza Hotel in Austin!

February 20 – 22, 2017Crowne Plaza Hotel, Austin, Texas

MAKE YOUR PLANS TO ATTEND THE

67th ANNUAL CONFERENCE AND EXPOSITIONAnd Legislative Summit

We’ve moved! Going to the Crowne Plaza Hotel in Austin!February 16 – 18, 2015

Crowne Plaza Hotel, Austin, Texas

Located at the crossroads of the capital city, the Crowne Plaza Austin is centrally located and easily accessible from IH-35 and Highway 290. Guests are within minutes of The University of Texas, Sixth Street Entertainment District, the State Capitol, as well as, area shopping and local favorite restaurants. The hotel’s amenities were designed with their guests in mind. Start the day with an extensive breakfast buffet, served in Crossroads Grille; which also offers a full menu for lunch and dinner. Enjoy your favorite beverage in Crossroads Lounge. Keep fit in the 24-hour fitness center or swim a few laps in the year-round open pool & spa. The Crowne Plaza Sleep Advantage program allows guests a restful night’s sleep for the next day’s activities. The hotel is a multiple recipient of the prestigious Quality Excellence Award and it offers outstanding personalized service unmatched by other area hotels. The staff is ready to welcome you, and is at your service during your visit to the vibrant city of Austin (The Music Capital of the World)!

Program and Speaker information will be available in about three months.

If you are looking for quality education with nationally recognizedinstructors at a cost you can really like,You know you want to be here!

Located at the crossroads of the capital city, the Crowne Plaza Austin is centrally located and easily accessible from IH-35 and Highway 290. Guests are within minutes of The University of Texas, Sixth Street Entertainment District, the State Capitol, as well as, area shopping and local favorite restaurants. The hotel’s amenities were designed with their guests in mind. Start the day with an extensive breakfast buffet, served in Crossroads Grille; which also offers a full menu for lunch and dinner. Enjoy your favorite beverage in Crossroads Lounge. Keep fit in the 24-hour fitness center or swim a few laps in the year-round open pool & spa. The Crowne Plaza Sleep Advantage program allows guests a restful night’s sleep for the next day’s activities. The hotel is a multiple recipient of the prestigious Quality Excellence Award and it offers outstanding personalized service unmatched by other area hotels. The staff is ready to welcome you, and is at your service during your visit to the vibrant city of Austin (The Music Capital of the World)!

Program and Speaker information will be available in about two months.

If you are looking for quality education with nationally recognizedinstructors at a cost you can really like,

You know you want to be here!

Page 14: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

Integrated collection and contact management solution offering you real-time workflow control and bottom-line growth.

800-283-3227 | www.ontariosystems.com © 2015 Ontario Systems, LLC. All rights reserved.

POWER UP YOUR COLLECTIONS

STAYCOMPLIANT.BE PROFITABLE.

Artiva RMTM

aca of texasASSOCIATE

MEMBER

Page 15: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

Summer 2016 Southwest Collector Connector 15

TEXAS LEGISLATIVE UPDATE

Please consider helping CollectPAC, our state level political action committee. See the CollectPAC update on Page xx of this issue. Your personal (no corporate) contributions are greatly needed and greatly appreciated. Make Your Voice Heard!

Just as importantly, you can easily participate by attending our Annual Conference & Expo in Austin at the Crowne Plaza Hotel, February 20-22, 2017. Part of the conference experience is joining your fellow ACA of Texas members at the Legislative Summit at the Capitol when we visit our representatives and senators to Make Our Voices Heard! It’s the easiest way to introduce our (your) businesses to our legislators.

Remember to contact me at [email protected] or Tom Morgan at [email protected] about any elected leaders you know, help with inviting them to see your business or with any questions. We’re here to help.

The 2016 election season is well under way and will really gain steam right after Labor Day. In addition to federal

candidates, don’t forget the candidates at the state and local level. Watch for who will be supportive of a fair regulatory environment for the credit and collection industry. It’s more and more challenging at all levels. Make Your Voice Heard!

While we have been advocating contacting state leaders about our businesses, Congress is also mostly home until Labor Day and should be more accessible. While neither of our U.S. Senators are running for re-election, the entire House of Representatives is up for re-election. August is an excellent opportunity/time to connect with your Congressman. Make Your Voice Heard!

Keep your eyes and ears open in your community. More cities are now active with local initiatives with payday lenders (credit access businesses). Watch for signs that local governments are going to negatively impact our industry. Make Your Voice Heard!

Quick Hits from the Legislative ArenaBy Paul Nagy, Legislative Committee Chair

“A society that puts equality of outcome ahead of freedom will end up with neither equality nor free-dom. The use of force to achieve equality will destroy freedom, and the force, introduced for good pur-poses, will end up in the hands of people who use it to promote their own interests.”

Milton Friedman in Free to Choose, 1980

Thomas Paine once stated“Those who expect to reap the

blessings of freedom must  undergo the fatigue of supporting it.” 

Page 16: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

aca of texasASSOCIATE

MEMBER

Page 17: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

Summer 2016 Southwest Collector Connector 17

ACA OF TEXAS EDUCATIONAL FOUNDATION ANNOUNCES 2016 SCHOLARSHIP AWARDS

Carrie Finney, Chairman of the ACA of Texas Educational Foundation, has announced that Leslie Ortiz of San Antonio (sponsored by Account Services Collections, Inc.) and Jamie Williams of Royce City (sponsored by T.L. Thompson & Associates, Inc.) have each been awarded a $1,000 college scholarship. The two scholarships were awarded based on the student’s school transcripts and extracurricular activities, as well as their essay on the topic of “Building Good Credit for Financial Independence”.

The scholarship monies are made available annually to graduating high school seniors who are dependents of employees of member companies. These scholarships are possible due to the many members, vendors and others who support the activities of the Educational Foundation by participating in various events held in conjunction with our Annual Conference. This year, as fundraisers for the Foundation, the Foundation held its “2nd Annual Terry Wunsch Memorial Scholarship Golf Tournament” as well as the popular “Exhibitor Introductions” session at the conference. Information on the conference and other ACA of Texas events is available on our web site at www.acaoftexas.org.

For any questions, or for more information about the Educational Foundation, please contact our Executive Director, Tom Morgan, at either [email protected] or 512-458-8666.

The winning essays may be seen beginning below.

Throughout High School, I knew almost nothing about Credit until second semester of my senior year when I was forced to take a Macroeconomics course in order to graduate. In Macro, all students were given an assignment to complete nine online modules that will teach us about Financial Literacy. Some of those modules include Savings, Credit Scores, and Higher Education which are all factors that can help build good credit. Although this course briefly brushes over building good credit, it encouraged me to further educate myself in the matter because credit will affect my life regardless of how much I know about it. That is why I took the initiative to start learning more about building good credit right now that credit doesn’t matter as much, as opposed to later on in life when credit decides whether or not I get to buy the house of my dreams.

The way I see it, Credit is frightening to High School Seniors because it’s a shadow standing right around the corner waiting for us to graduate so that it can jump out and knock us off our trail the second we take out student loans. This is because the word Credit has a negative connotation to it that makes me assume that all credit does is cause damage to people. What I know now, and what all people should know, is that not all credit is bad. Typically, individuals with a 660 or higher are more likely to be trusted by Banks, Car industries and employers which essentially can lead to lower interest rates and more money in your pocket.

BUILDING GOOD CREDIT FOR FINANCIAL INDEPENDENCEBy Leslie Ortiz

In order to keep credit from blocking my path to success, I have decided to not spend on unnecessary items throughout college so that I can be more prepared to make my student loan payments on time, every time. When getting a subsidized student loan, it is very easy to spend instead of save because you are not forced to make payments while still being in school but regardless of my natural feminine shopping instinct, I will force myself to spend responsibly by keeping only 20% of every paycheck for my everyday purchases.

Nobody wants to live in their parents’ house forever, at least the majority of us don’t, but with bad decisions comes bad credit and with bad credit even the best of people can end up back at mom’s house. Because of this theory, I have created a plan for myself. In order for me to be financially independent I have decided that my first step in building good credit is to pay off my student loans. If I fall behind on payments or forget about them all together it will cause me to pay more than I should in the long run because of interest rates and it will also decrease my credit score causing me to be more of a risk to employers and Banks. Although College tuition is my first big purchase, I think that if I learn how to manage my time and money, this big purchase will improve my credit in the long run by a large amount.

Continued on page 24

Page 18: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

aca of texasASSOCIATE

MEMBER

Page 19: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

Summer 2016 Southwest Collector Connector 19

How Visions Become SharedBy Jeff Wolf

How do individual visions become shared visions? A useful metaphor is the hologram, the three-dimensional image created by interacting light sources. If you cut a photograph in half, each half shows only part of the whole image. But if you divide a hologram, each part, no matter how small, shows the whole image intact.

Likewise, when a group of people comes together to share a vision, each person sees an individual picture of the organization at its best. Each shares responsibility for the whole, not just for one piece. But the component pieces of the holograms are not identical. Each represents the whole image from a different point of view. It’s something like poking holes in a window shade; each hole offers a unique angle for viewing the whole image. So, too, is each individual’s vision unique.

When you add up the pieces of a hologram, the image become more intense, more lifelike. When more people share a vision, the vision becomes a mental reality that people can truly imagine achieving. They now have partners, cocreators; the vision no longer rests on their shoulders alone. Early on, people may claim it as their vision. But, as the shared vision develops, it becomes everybody’s vision.

Building a shared vision involves these five useful skills:

1. Encouraging personal vision. Shared visions emerge from personal visions. It is not that people only care about their own self-interest; in fact, people’s values usually include dimensions that concern family, organizations, community, and even the world. Rather, it is that people’s capacity for caring is personal.

2. Communicating and asking for support. Leaders must share their own vision continually, rather than being the official representative of the corporate vision. They also must ask: Is this vision worthy of your commitment? This is hard for people used to setting goals and presuming compliance.

3. Visioning as an ongoing process. Many managers want to dispense with the vision business by writing the official vision statement. Such statements often lack the vitality, freshness, and excitement of a genuine vision that come from people asking: What do we really want to achieve?

4. Blending extrinsic and intrinsic visions. Many energizing visions are extrinsic, focusing on achieving something relative to a competitor. But a goal that is limited to defeating an opponent can, once the vision is achieved, easily become a defensive posture. In contrast, intrinsic goals, such as creating a new product, taking an old product to a new level, or setting a new standard for customer satisfaction, elicit more creativ-ity and innovation. Intrinsic and extrinsic visions need to coexist; a vision solely predicated on defeating an adversary will weaken an organization.

5. Distinguishing positive from negative visions. Many organizations only pull together when their survival is threatened. Similarly, most social movements aim to eliminate what people don’t want; thus, we see antidrugs, antismoking, or antinuclear arms movement. Negative visions tend to be short-term and carry a message of powerlessness.

Jeff Wolf is founder and president of Wolf Management Consultants, a premier global consulting firm that specializes in helping people, teams and organizations achieve maximum effectiveness. He is the author of Seven Disciplines of a Leader which has been named one of the most thought-provoking leadership books of the year and named one of three books to read by the Small Business Forum.  He may be reached at [email protected]

Page 20: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

aca of texasASSOCIATE

MEMBER

Page 21: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

Summer 2016 Southwest Collector Connector 21

Healthy employees are essential to the continued growth and productivity of any company. Employee wellness programs can potentially save companies hundreds of thousands of dollars in health care costs. Most illness is stress related and directly preventable. The workplace is ideal for promoting healthy habits of employees that can transform corporate culture and improve lives.

With millions of American workers showing signs of stress and suffering from chronic diseases, health care costs are of significant concern. Companies around the country offer employee wellness programs that provide training and incentives for workers who adopt a healthy lifestyle.

Two Ways Stress Depletes Production

 Chronic Illness

Chronic stress weakens the immune system and leads to illness. Three in five (61%) employees say that workplace stress has caused them actual physical illness, insomnia, and depression according to a survey of nearly 7,000 American workers conducted by Monster.com. Nearly half of these employees say they have missed time at work due to work-related stress.

Money Worries

Work and money continue to be the most frequently cited causes of stress according to the American Psychological Association. In addition, the majority of workers show signs of stress and more than one-third report harmful effects to their physical and emotional well-being according to the Stress Institute of America.

The Solution is in the Problem

Referring to these statistics, it’s safe to say that work is the primary contributor to stress, and stress costs a company’s bottom line. How about finding a simple solution within the problem? Addressing employee stress at the root cause eliminates the sprouting and spreading of weeds throughout the company. “The simplest explanation for some phenomenon is more likely to be accurate than more complicated explanations,” according to Occam’s Razor.

Since most illness is stress related and directly preventable, why aren’t all companies investing in employee well-being? It’s imperative to clean up the toxicity in the workplace and build a

Profits Hidden in Employee HealthBy Erika Marcoux

strong and engaged workforce in order to make lasting progress.

Successful Companies have Healthy Employees

Towers Watson conducted a study on the ROI on companies with the most effective health and wellness programs and reports a financial advantage. The revenue per employee is 11% higher, there are 1.8 fewer days absent per employee per year, and 28% higher shareholder returns.

Mediation Decreases Stress

The most powerful skill an employee can utilize to decrease stress is practicing mindfulness meditation. Harvard University neuroscientist Sara Lazar reports that by practicing meditation daily, the part of the brain that registers stress and anxiety, the amygdala, becomes smaller. The change in the amygdala correlates to a reduction in stress levels.

An area of the brain that literally grows is the hippocampus located inside the temple on each side of the brain. The hippocampus is covered in receptors for the stress hormone cortisol. Meditation increases the gray matter in this region of the brain that builds resilience to stress. Regulating your response to stress is imperative to experiencing mental, behavioral, emotional, and physical health.

Mindfulness Training Increases Profit

Mindfulness training is a provable wellness incentive for executive leadership and employees that facilitates a smarter and more productive workplace. An investment in developing a mindful corporate culture dramatically impacts employee retention by adopting healthy habits. A company can unlock lost productivity and develop the skills of its employees.

Companies view the investment in health and wellness programs no differently than investments in learning and development training. It makes good business sense to attract and retain healthy employees that are the key source of sustained and economic value.

Erika Marcoux, MA is the co-CEO and co-Founder of Cornerstone Mindfulness, a leading firm that empowers executive leadership and their employees. Erika’s work focuses on bringing mindfulness to businesses to decrease stress and increase their bottom line. CornerstoneMindfulness.com Reprinted with permission from Texas CEO Magazine.

Page 22: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

22 Southwest Collector Connector Summer 2016

ACA’s Council of Delegates Met on Thursday, June 16th

ACAofTexas’DelegatesattendingtheCouncilofDelegatesmeetingwere(l-r)DarleneMead,StephanieRifenberg,TomStockton,andJulieOsantowski.TheDelegateselected4directors,eachforthreeyears;PamKirchner(FL),KevinBaich(MO)andErikMock(IL)wereelectedfortheirfirsttermandDanRussell(WY)wasre-electedtoserveasecondthreeyearterm.

ACA Board of Directors Elects New President and TreasurerFollowingtheCouncilofDelegatesmeeting,thenewlyconstituted2016/17BoardofDirectorsmetandelectedRickPerr,Esq.,(PA)asthenewPresident-Elect.RickwaspreviouslytheTreasurerforACA.TheboardalsoelectedJackBrown(FL)asthenewTreasurerfor2016/17.2015-2016PresidentJimRichards(TX)concludedhistermonSaturdaywhenincomingpresident,KeithKettelkamp(NJ)wasinstalled.

Texas was well represented at the Denver Convention (most were camera shy)All together there were 45 people representing agencies, attorney firms and creditors.

For Entertainment we had 105,000 Comic-Con Attendees!(many of whom seemingly live in an alternate universe!)

Jeff Hurt and SWC Group staff At the Saturday Awards Breakfast

Also at the breakfast was Xerxes Martin (r) an Attorney with the Robbie Malone Law firm

ACA INTERNATIONAl CONvENTION HIgHlIgHTS

(Someone was obviously intrigued by the presence of so many “Super Heroes”)

Page 23: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

aca of texasSIlvERSpONSOR

aca of texasASSOCIATE

MEMBER

Page 24: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

24 Southwest Collector Connector Summer 2016

Continued from page 17

Saving while being in school is essential to pay off student loans because a minimum wage paycheck, typically does not even cover the cost of one course. It will be a challenge to work hard for money that I will not be able to spend at that moment but if that means that in the future I will be at peace with my credit score, the sacrifice is worth it.

To make sure that I am saving 80% of every paycheck, I will speak to my employer about my decision and have 80% of my paycheck go straight to a savings account that I will be able to access after graduation. The rest of the money I earn will be moved to a checking account for my everyday use. If for any reason my employer is not able to satisfy my request I will simply ask for my payments in check and later deposit the amounts into

the different accounts myself. Building Good Credit for Financial Independence is not as complicated as many make it seem.

All it takes to build good credit is for one to first know what credit is. The second step is to know how it can be affected. The third step is to make a plan, and follow through with it. As long as I follow through with my plan and continue to educate myself about the changes in the economy, I will be successful in Building Good Credit.

Leslie Ortiz is a 2016 graduate of Roosevelt High School in San Antonio. She was sponsored by Account Services Collections, Inc.in San Antonio and will be attending Texas A&M University in the Fall.

Let me start by introducing myself. My name is Jamie Williams. I am a senior at Royse City High School. I’ve lived in my community my whole life. I’m an honor student with many activities. Life in Royse City has been amazing for me. Cheerleading has been a part of my life since I was in 2nd grade. I was Cheer Capitan on the Varsity Squad both my Junior and Senior year. I love Basketball. I play Basketball in summer league and have played on the Varsity Team for three years, my position is point guard. Last year I was involved with Powerlifting and surprisingly, I was State Qualifier at the Texas High School Women’s Powerlifting Associates Meet. I’m a devoted Christian and a member of the Quest Church since 2012, where I teach young children about Jesus Christ. As you can see I keep myself very busy as a leader. I’ve been accepted to go to Texas A & M Commerce this fall and with my education I will get the chance to help special needs children.

Being a leader requires skills that keep me self-disciplined. Skills, that over time I will continue to build on. Good Credit is sort of like a sport. Banks and lending institutions Rate or Score you. You are scored with a number and the higher the number the better the score. This is called a credit score.

When I turned 18, my mother and I went to the bank to open my first account. I was given a choice to have a regular account or an account with overdraft protection. We choose a regular account with a prepaid debit card. This keeps me from spending money and incurring charges but it also establishes me as a member of a bank in community. Good credit doesn’t occur overnight. It takes time and discipline. To obtain good credit, start with a credit card or loan with a small limit or amount, don’t over spend. It will be my goal to pay it off quickly and on time.

Another way to establish good credit is to have a job. Being employed and the length of time spent on your job is highly valuable to banks, car dealerships, department stores, financial institutions, and insurance companies. I believe I have the skills to discipline myself when it comes to a budget and saving for my future. This is why I’m choosing a career that is challenging and one that I will enjoy.

My mother is a debt collector. She has worked at T.L. Thompson and Associate for over twenty-three years. So when I asked her what financial independence means, she said, “It means to be able to take care of yourself, working hard and doing it all on your own.” I know this will take time and I’m not the kind of person who expects or wants material things. I don’t live under a money tree either. It wasn’t until I reached high school and my father lost his job that I realized that mom’s money couldn’t pay for everything. This experience has taught me a lot about budgeting and saving.

I’m an athlete and like most athletes it takes time and practice to be good at your game. Living within my means and saving for my future and my education is important. Take it slow and never spend outside of my budget unless I can afford it. I know I have a long way to go before I’m financially independent, but I believe I’m on the right path.

Jamie Williams is a 2016 graduate of Royce City High School and was sponsored by T.L. Thompson & Associates in Garland. Jamie will be attending Texas A&M-Commerce in the fall.

Having Financial Independence with Good Creditby Jamie Williams

Page 25: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

Summer 2016 Southwest Collector Connector 25

Amer ican Co l l ec to rs Assoc ia t ion o f Texas Po l i t i ca l Ac t ion Commit teeCol l ec tPAC Cont r ibut ion & P ledge Card

CollectPAC NEWS

#

Member Contribution Levels

Diamond-$1,000 Platinum-$500 Gold-$250 Silver-$100 Bronze-$50

Add my name to CollectPAC’s Honor Roll!Name: ________________________________________ Agency: __________________________________

Personal Check for $ ___________ enclosed Charge $_________ to my ___ Visa ___ MC ___ Am Ex

Name on card: _________________________________ Card #: ________________________________

Expiration date: _____________ Security Code __________ Authorized signature: ________________________

For more information or to establish a monthly or quarterly payment schedule, contact Tom Morgan at 512-458-8666 or [email protected] State law prohibits corporate checks. Mail your check and this pledge

card to: ACA of Texas CollectPAC, 18604 Interstate 20 West, Lindale, TX 75771

With campaign news and ads filling TV and radio commercial spots and political signs popping up in most any available place, we have constant reminders about the importance of the upcoming elections. It is critical that we stay involved in both state-wide and local elections, since both can impact our industry. The upcoming elections may be some of the most important elections our industry has ever faced, and our industry’s survival may depend upon our identifying and supporting the pro-business candidates.

Because of the old “strength in numbers” adage, our industry PAC can build relationships and gain support from legislators in ways that oftentimes are not possible for you and I to accomplish as individuals. We currently have approximately $12,100 in the PAC (thanks to a great Bottle Auction at the Conference). To effectively spread our support among the numerous candidates, we need to have a PAC fund with $15,000 - $20,000 - at a minimum.

2016 - 2017 MEMBER HONOR ROLLContributors shown below have made a significant contribution to our efforts for this election and the coming 2017 legislative cycle.

$1,000+ $500+ $250+ $100+ $50+ $25+

Diamond Platinum Gold Silver Bronze Friends Tom Stockton Jeff Hurt Russ Robken Ron Nunley Trish Baxter Sharon Morgan

Darlene Mead Greg Mason Bruce Cummings Felipe Ossa

Jason Rhodes Bonnie Finley

Stephanie Rifenberg

Thank you for helping protect our industry!

Greg MasonChair, CollectPAC Trustees

The 2016 elections are here and we need your help, please consider making a contribution today. As you might suspect, a very small number of our members donate to the PAC. We need support from every member! It only takes a moment to make a contribution, but the positive impact of your contribution can last for years. Please mail your personal check to our Association office, or fax your credit card contribution to our association office at 512-458-8740. Please remember that PAC contributions cannot be made using a company check or credit card.

Page 26: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

TAKE CONTROLIncrease Profits & Manage Risk

COLLECTION PERFECTIONTM

ClientAccessWebTM | PayStreamTM | PapyrusTM

www.appliedinnovationinc.com | 800.589.5651 | [email protected]

aca of texasASSOCIATE

MEMBER

Page 27: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

Summer 2016 Southwest Collector Connector 27

MAuRICE WuTSCHER ExpANDS AuSTIN OffICE, ADDS ATTORNEy KEITH WIER

May2,2016—NationalfinancialserviceslawfirmMauriceWutscherLLPhasexpandeditsAustinoffice,addingconsumerfinancialservicesattorneyKeithWier.Mr.Wierwillpracticeinthefirm’sAppellate,CommercialLitigation,ConsumerCreditLitigationandRegulatoryCompliancegroups.

Hispractice focuseson thedefenseof individualandclassactionsuitsunderstateand federalconsumerstatutes,professionalliabilitydefense,andcomplianceissuesformembersofthecollectionindustry.Mr.Wierhassubstantialexperiencedefendingcollectionagencies,lawfirms,debtbuyers,andcreditorsinconsumerlitigationinTexasandiscertifiedasaspecialistinConsumerandCommercialLawbytheTexasBoardofLegalSpecialization.

Wierisafrequentlecturerandauthorondefenseandcomplianceissuesfacingthelegalmalpractice,collection,credit,anddebtbuyingindustriesandhastaughtattheUniversityofHoustonLawCenter.

HeisapastmemberoftheboardofdirectorsforACAInternationalandthepastchairmanofACA’sMembers’AttorneyProgram.Inaddition,hehasservedasDefenseBarCommitteechairforNARCA–TheNationalCreditorsBarAssociation.

WierreceivedhisBachelorofBusinessAdministrationDegreefromtheUniversityofTexasatAustinin1983andhisDoctorofJurisprudenceDegreefromtheUniversityofHoustonLawCenterin1986.HeisadmittedtopracticebeforetheTexasSupremeCourt,theU.S.CourtofAppealsfortheFifthCircuit,andtheU.S.DistrictCourtsfortheNorthern,Southern,Western,andEasternDistrictsofTexas.HeisalsoadmittedtopracticebeforetheU.S.DistrictCourtsfortheNorthern,Western,andEasternDistrictsofOklahoma.

MauriceWutscher’sAustinofficeislocatedat13284PondSpringsRoad,Suite302,Austin,Texas78729.KeithWiermaybereachedat(512)[email protected].

ACA OF TEXAS MEMBER NEWS

ApplIED INNOvATION’S JEffERS COMplETES

THE pROCESS Of BECOMINg “HONORARy TExAN”

MichelleJeffers,VicePresidentforBusinessDevelopmentforAppliedInnovation,isthefirstdocumentedcasearisingfromourMarch2016Conferencewhereapproximately 28 conference attendees andexhibitorswere installed (andpinned)as “HonoraryTexan” status,besidesbeingable to sing “TheEyesofTexasAreUponYou”,mustalso“KisstheAlamo,”andsheisshowndoingjustthat.CongratulationsMichelle!

Page 28: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

28 Southwest Collector Connector Summer 2016

aca of texasASSOCIATE

MEMBER

Page 29: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

Summer 2016 Southwest Collector Connector 29

Professional Education & Compliance DevelopmentARE YOU INTERESTED IN A COMPLIANCE DEPARTMENT PROFICIENT IN DEVELOPING POLICIES, PROCEDURES, AUDITS AND COMMITTEES

PURSUANT TO FEDERAL, STATE AND CLIENT COMPLIANCE REQUIREMENTS FROM NATIONALLY RECOGNIZED SPEAKERS AND SUBJECT MATTER EXPERTS AT A LOW COST?

If you answered that question with a resounding YES, then mark your calendar and attend the ACA of Texas Annual Conference & Expo in Austin, February 20-22, 2017. As you all are aware, compliance requirements involve preparing company and client policies, procedures, developing internal and outside auditors’ requirements and the formation of reviewing and approval committees are now the cornerstone of both a viable and successful agency. A robust and efficient compliance department, whether small or large, is of paramount importance from a regulatory, legal and client (and potential client) perspective in today’s credit and collection industry.

The ACA of Texas Professional Education Committee is committed to assisting members with training issues, and with coordinating professional skills development training programs sponsored by ACA International. It is our goal to ensure that our Annual Conference brings together nationally recognized speakers and subject matter experts to present the most up-to-date information regarding the issues facing our members. If you have a topic you would like to see presented at our next Conference, please let us know. If you would like local area training, we can assist with that as well. We are here to assist our members in accessing the finest training available. Please contact the committee chair or any of the committee members directly. We look forward to serving you.

Campus ACA is the umbrella organization for ACA International’s diverse professional and educational certification programs for collectors and agencies. Resources include local and in-house seminars, on-line seminars and teleseminars, web courses, conferences and conventions, training materials and the Professional Practices Management System (PPMS). Some upcoming educational opportunities:

For more information and a complete listing of these educational opportunities,visit www.acainternational.org or contact the Education Department at 952.928.8000.

Please let us know how we can better serve your education and training needs!

Education Committee Chair: Steve Whigham, Round Rock, 512-323-3200, [email protected] Area Coordinator Info (contact Steve directly if you would be willing to serve):

(Houston) Jason Bryant, 936-756-7741, [email protected]

(Austin/Central TX) Open

(Dallas/Ft. Worth) Open

(San Antonio/South Texas) Julie Goforth-Osantowski, 210-410-6061, [email protected]

(West Texas/Panhandle) Marci Sterling, 806-353-8691, [email protected]

(North/Northeast Texas) Open

Date Event Location/Type8/16-18 Healthcare Collection Management Online8/22 Motivating Employees Through Dialing Fatigue & Burnout Teleseminar8/23-25 Collection Floor Management Online9/7 Advanced Compliance: Conducting a Risk Assessment Online9/8 Advanced Compliance: Controls & Corrective Actions Online9/13-14 FDCPA for Collectors Online10/6 Adding Fees, Transaction Fees & Pre-judgement Interest Teleseminar10/18-19 Introduction to Collection Industry Compliance Online10/20 Increase Accuracy, Decrease Risk Teleseminar11/9-11 Fall Forum & Expo Chicago2/20-22/17 ACA of Texas 69th Annual Conference & Expo Austin

Page 30: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

30 Southwest Collector Connector Summer 2016

Congratulations!

Congratulate Our Newest Credit & Collection Compliance OfficersDaniel Barborak, Spears, DeWitt & Hall, San Antonio

Victoria Sheedy, Esq., Credit Systems International, Fort Worth

We salute our latest members to obtain the Scholar DesignationVictoria Sheedy, Esq., Credit Systems International, Fort WorthJohn Hickman, Lockhart, Morris & Montgomery, Richardson

Felipe Ossa, Assets Recovered, LLC, Addison

Credit & Collection Compliance ProfessionalDeJuan Renfroe, RGS Financial, Richardson

Last but not least, our newest Professional Collection SpecialistsNickolaus Bishop, Credit Systems International, Fort Worth

Amanda Kutterhoff, Credit Systems International, Fort Worth

Welcome NeW members

Attorney MembersWilson ElsEr MoskoWitz EdElMan & dickEr, llP, dallas

dodson lEgal grouP, dallas

Agency MembersnonE this quartEr

If you are looking to buy, sell, hire or acquire, consider advertising in ournewest feature, “Collection Marketplace”.

Contact Tom Morgan, for ad sizes and rates.Call 512- 458-8666 or send an email to Tom at [email protected]

The magazine is published quarterly and advertisers will need to allow sufficient lead time for their ad to be printed.

Spring 2012 Southwest Collector Connector 41

If you are looking to buy, sell, hire or acquire, consider advertising in our newest feature, “Collection Marketplace”.

Contact Tom Morgan, for ad sizes and rates.Call 512- 458-8666 or send an email to Tom at [email protected]

Keep in mind that the magazine is published quarterly and advertisers will need to allow sufficient lead time for their ad to be printed.

Yes, your ad could be HERE! Call today for the Summer Issue, July 2012

NEWS NEWS

Collection Marketplace

MEMBER NEWSThe CMI Group Announces Promotionof Carrie Finney to President

The CMI Group, Inc, Carrollton, a major first and third party ARM company, recently named Carrie Finney as the company’s President. Ms. Finney assumed her new duties on January 17th, replacing Tom Stockton, who will remain as CEO and Chairman of the Board.

Ms. Finney, a CPA, is also Chief Financial Officer and she will retain that position as well. She has been with the company since 1997.

URS Acquires Enterprise Recovery Systems, Inc.United Recovery Systems Inc. said Friday it has purchased Enterprise Recovery Systems Inc., an Illinois-based debt collection agency primarily for education providers. Houston-based United Recovery Systems provides third-party contingency debt collection services and specializes in the collection for the credit card, retail and auto loan industries.

With the addition of Enterprise Recovery Systems, United will have about 1,500 collectors working at seven centers throughout the U.S. Enterprise will continue working out of its current facility in Illinois and will maintain its current leadership.

Audax Group, a Boston-based private investment firm, owns United Recovery Systems.

Page 31: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

Summer 2016 Southwest Collector Connector 31

$100,000 per year to $134,004 per year. These increases take effect on December 1, 2016.

Under the new rule, the compensation thresholds under these exemptions automatically update every three years. They will be based on the U.S. Census’s 40th and 90th percentiles of weekly earnings for full-time salaried workers in the lowest-wage Census region, currently the South.

What should employers do to prepare for the changed exemption requirements?

Prevention is the key. Before an agency investigation or a lawsuit, employers should audit their workforce—with the assistance of counsel—to confirm that their current employees are properly classified. Looking ahead to December 1, 2016, employers should also be ready to restructure (or increase) affected employees’ pay. By taking these measures, and ensuring that employees truly are exempt employees when they are paid on a salary basis, employers are less likely to be brought under DOL scrutiny or sued for in collective-action overtime lawsuits.

Clayton R. Hearn is a shareholder in the labor & employment section, and managing shareholder of the Dallas office, of Roberts Markel Weinberg Butler Hailey PC. Mr. Hearn is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. He can be contacted at [email protected].

Justin K. Markel is an associate attorney in the labor & employment and corporate sections of Roberts Markel Weinberg Butler Hailey PC. Mr. Markel advises and counsels employers in various aspects of employment law. He can be contacted at [email protected].

Continued from page 11

HiringOur HeroesAmerica’s military are returning home and need jobs! ACA has teamed up with Hiring Our Heroes, a free program that matches employers with veterans or military spouses. Find well-trained, prospective employees for your organization. Register at ww.hiringourheroes.org.

I am only one, but still I am one.  I cannot do

everything, but still I can do something;

and because I cannot do everything, I will not refuse to do the

something that I can do.

- Edward Everett Hale

Page 32: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

A Subs id ia r y o f ACA In te rna t i ona l

Focused on YouYou are at the center of all we do. Collectors Insurance Agency (CIA) focuses a wealth of resource fulfi lling the needs

of our member clients. The expertise and dedication of our world-class partners combine with our long experience to bring you the fi nest insurance, surety and licensing products and services available to the collection industry.

Setting our sights on your future

Together, we protect an industry.Contact us today at (952) 926-6547 or [email protected]

Collectors Insurance Agency®

“My company has carried E&O insurance with Collectors Insurance Agency for over 15 years. Our personal representative has been

absolutely wonderful and very thorough during our annual reviews and renewals. We are

fortunate to have this member benefi t.” – Lou Figueroa, CCC; President; Credit Decision International, Ltd.

“Collectors Insurance Agency’s Bond Unit is the best in the business. Their extra efforts alerted me to a potential problem and saved us a whole lot of trouble. They are always prompt and professional

and I highly recommend their services.” – Michael E. Kapp, Special Projects Manager, LifeQuest Services

Page 33: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

Summer 2016 Southwest Collector Connector 33 46 Southwest Collector Connector Fall 2010

FTC Proposes New Policy Statement on Collecting Deceased Debt

On October 5, 2010 the FTC announced that it is clarifyin its position on the collection of deceased debt through a proposed policy statement.

The FTC said its proposal clarifies that it will not take enforcement action against debt collectors who communicate with a decedent’s spouse or executor, administrator and persons authorized to handle a deceased person’s estate. But the agency said the proposed policy guidelines make clear that misleading consumers about their personal obligation in paying a deceased person’s debt is a violation of FDCPA.

The FTC’s proposal also provides specific guidance on how collectors must communicate with authorized estate payers.

The proposed policy statement will be published in the Federal Register and the public has until November 8, 2010 to comment.

“Celebrity” FDCPA Litigant Slapped by Texas Judge

A Federal Magistrate Judge in Texas said this week that a plaintiff suing a collection agency for FDCPA violations filed the case in bad faith and that not only should his case be dismissed, but he should be found liable for the attorney’s fees accrued by the debt collection agency over the course of its defense.

The judge wrote that Craig Cunningham’s case against The CMI Group, Carrollton, had “no genuine issues of material fact” and should be dismissed. Cunningham sued CMI in August 2009 alleging that in the course of attenpting to collect a debt originating with Time Warner, the ARM firm had violated the FDCPA, the TCPA, the Texas Debt Collection Act and the Texas Deceptive Trade Practices Act.

“We’re obviously very pleased with the way the case has gone so far,” said Tom Stockton, Chairman and CEO of CMI.

“I hope this case further exposes the cottage industry of suing debt collection firms for profit,” said Mike Ginsberg, President and CEO of ARM advisory firm Kaulkin Ginsberg.

NEWS YOU SHOULD KNOW

3414 East 5th Street | Austin, TX 78702 | 512.389.1747 | Fax: 512.389.1753email: [email protected]

Summer 2010 Southwest Collector Connector 35

The American Collectors Association of Texas is proud to support

ARMing Heroes, a new, non-profit organization dedicated to helpingU.S. Military Veterans

arMing Heroes’ mission is to serve the needs of u.s. military veterans and theirfamilies by providing employment opportunities and other resources uniquely

available through the accounts receivable management industry.

Find out how you can help at www.armingheroes.org

Page 34: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

34 Southwest Collector Connector Summer 2016

Index to AdvertisersACA International ..................32, 36Applied Innovation ......................26Arming Heroes ............................33ArtJam Productions, Inc ..............33Billing Tree ....................................8CDS Software ..............................28CompuMail ..................................20Connect International ....................6DAKCS .........................................4EFT Network .................................16Focus One ..................................23Hiring Heroes ..............................31LexisNexis ...................................10Ontario Systems ...........................14Pathfinder ....................................12Renkim .........................................18RevSpring ......................................2TCN, INC. .....................................35

Help us keep our membership records current

so that you receive the most up-to-date

information possible. This will become especially

important during the upcoming year. Contact

[email protected] or call 512-

458-8666 with updated mailing and e-mail

addresses and phone numbers. Also, be sure

to send us your website address for posting to

www.acaoftexas.org.

The ACA of Texas’ Southwest Collector Connector will post member announcements for anniversaries, birthdays, graduations, weddings or other significant events that occur in the lives of our members. Since this is a quarterly publication, the announcements can be in the recent past or in the future.

Please send all announcements to [email protected] and, if possible, they will be published in the next issue to be published. Include your name and a contact phone number.

We Need Your

HELP

Membership EventPostings Letters to the Editor

Letters [or emails] to the Editor are welcome but must be signed, please include full name and address. Not all letters can be published.

Letters that are published may be edited for space, brevity, clarity and other editorial considerations.

We look forward to your constructive criticism; let us know if there is anything in particular you would like to see us address. We appreciate the

opportunity to hear from our readers.

Unfortunately, there are no letters this quarter.

Page 35: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

TCN and Global ConnectBetter Together

Best in breed cloud call center technology in the industry. With cutting-edge technology, combined with client-driven adaptability and unparalleled pricing structure, has transformed traditional contact centers into a fully functional Inbound, Outbound, Blended streamlined solution.

• Blended Dialing Environments• Rapid Customizable Hosted IVR• PBX with Agent Extensions• At Home Agents• Live Reporting• Business Intelligence

Call, Click, or Chat www.tcnp3.com 866.745.1900 [email protected]

aca of texasASSOCIATE

MEMBER

Page 36: southwest Collector Connector - ACA of Texasacaoftexas.org/sites/default/files/news/uploads/[yyyy]-[mm]/ACA Su… · Summer 2016 Southwest Collector Connector 5 This is an election

A Subs id ia r y o f ACA In te rna t i ona l

Driving ChangeLike a well-tuned engine, your stellar compliance led to fewer claims decreasing your out-of-pocket costs. The benefi ts of these efforts

don’t stop there! Together, we play a key role in driving change as the road ahead includes the impact fewer complaints will have on the industry. With more than 120 combined years of dedication to you and your industry, the representatives at Collectors Insurance

Agency (CIA) look forward to providing you with our renowned service for all your insurance, bonds and licensing needs.

Looking Toward Your Destination!

“I have worked with Collectors Insurance Agency for many years and they have always been professional,

responsive and thorough. We work in a tough industry with unique challenges. They understand the intricacies of the collection business. I highly

recommend Collectors Insurance Agency.” – Will L. Fancher, General Manager; Cornerstone Credit Services, LLC.

Together, we protect an industry.Contact us today at (952) 926-6547 or [email protected]

Collectors Insurance Agency®

“Collectors Insurance Agency has been a great partner for all of our licensing and

bond requirements. I truly appreciate their depth of knowledge, proactive approach

and timely follow-up on our deadlines. Their level of service is outstanding.”

– Randy Nakagawa, COO; Premier Advanced Financial Corporation II