Summer 2013

Collector Connector
inside:
• Educational Foundation Scholarship Announcement
• ACA of Texas 66th Annual Conference Registration Packet
• Employment Law
• And Much More - Inside!
PERMIT #372
AUSTIN, TX
PAID
US POSTAGE
PRESORTED STANDARD
The Official Quar terly Publication of the American Collectors Association of Texas • Vol. 26 No. 3 • Summer 2013
southwest
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table of contents
features
From Paul’s Desk: Sales Tips...............................................................................9
Paul Morrow
Educational Foundation Scholarship Announcement.......................................11
Samantha Edwards, Kristyn Goforth, Kayla White
Employment Law.............................................................................................15
Michael Kelsheimer
“Information…Knowledge…Wisdom”............................................................16
Tim Connor
ACA of Texas 66th Annual Conference Registration Packet.............................21
“How to Give (and Receive) Positive Criticism”...............................................29
Kevin Daum
“Don’t Be a Gossip”..........................................................................................30
Terry L. Sumerlin
ACA International’s 74th Annual Convention in Pictures................................34-35
departments
President’s Letter............................................................................................ 5
Executive Director’s Comments..................................................................... 7
Legislative Update........................................................................................19
CollectPAC...................................................................................................37
Professional Education and Development...................................................39
Index to Advertisers......................................................................................46
Cover Photo: Houston’s Downtown Skyline from Tranquility Park in the Theater District. Named for the moon’s
Sea of Tranquility, the park is designed with mounds and hollows to represent lunar craters. It’s a popular respite
with the downtown crowd because of its sunny square, picnic tables up on the patio, and sky-scraper shade
trees. Courtesy of the Greater Houston Convention & Visitors Bureau.
southwest collector connector is designed by Joseph Moreno, ArtJam Productions, Inc.
Power.
Performance.
Flexibility.
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Beyond!
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Collection Software for Peak Performance
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from the president
It’s all about the CFPB…
PRESIDENT
Greg Mason
President
Service Bureau, Inc.
2705 81st Street
Lubbock, TX 79423
[email protected]
PRESIDENT-ELECT
Mike Ryalls
President
RGS Financial, Inc.
1700 Jay Ell Drive, Suite 200
Richardson, TX 75081
[email protected]
VICE PRESIDENT
Jeff Hurt
President
Southwest Credit Services
4120 International Parkway, Suite 1100
Carrollton, TX 75007
[email protected]
TREASURER
Ron Nunley
President
Certified Recovery Systems, Inc.
6161 Savoy Drive, Suite 600
Houston, TX 77036
[email protected]
PAST PRESIDENT
Bruce Cummings
President
Gila Corporation
8325 Tuscany Way, Bldg. 4
Austin, TX 78754
[email protected] NATIONAL DELEGATES
Rick Goforth, San Antonio (2010-2013)
Mike Cramer-Arlington (2010-2013)
Vic C. York-Houston (2011-2014)
Stephanie Rifenberg, Amarillo (2011-2014)
STATE DIRECTORS
Carrie Finney-Carrollton (2010-2013)
Steve Whigham, Round Rock (2010-2013)
Ken Bone, Carrollton (2011-2014)
Tim Britt, Arlington (2011-2014)
Andrew Marancik-Houston (2012-2015)
Russ Jakubowski (2012-2015)
EXECUTIVE DIRECTOR
Thomas G. Morgan
18604 Interstate 20 West
Lindale, TX 75771
512-458-8666
[email protected]
I
t seems like many Presidents are surprised by how quickly their year as President flies by, and I’m
feeling the same. In my past columns I have encouraged members to become as active in the
association as is possible. And after attending the ACA International convention in San Diego, my
opinion regarding involvement in the association has changed a bit; which on the surface probably
seems like a strange comment for me to make.
Previously, I have advocated involvement with the association for two primary reasons. The first
reason is that involved members historically have taken advantage of the numerous educational and
networking opportunities the association offers, which in turn seems to translate into more efficient
and more compliant business operations. And the second reason for advocating involvement is the
old “strength in numbers” adage. No matter what the plight of our
industry is, we will always have a stronger voice with more active
members engaged in our battles. But, my new primary purpose
for advocating involvement is “preservation”.
Until earlier this year, I had been going about my business with the
false sense of security that the scrutiny of the CFPB would most
likely not affect my company since we are under the publicized $10M
threshold. However, as I’ve learned more about the CFPB’s intent
and the complaint process as was told by the CFPB representative
who spoke at the ACA convention in San Diego, it is now apparent
that size really is irrelevant. The CFPB structure and regulations
now in place will significantly impact all collection agencies,
regardless of size. Even companies below the $10M threshold will need to implement a CFPB
compliance system that includes daily monitoring of the CFPB database, and which provides very
quick responses (within 15 days) to CFPB complaints. Not doing so could potentially cause an
agency to have too many unresolved consumer complaints and make them subject to a CFPB audit,
which many would argue is the equivalent of playing financial Russian roulette.
Please, don’t interpret my comments to mean that there’s no hope and we should all close up shop and
go rent beach chairs and umbrellas to tourists in the Caymans; although that does sound tempting!
Because the reality is that through education and planning, even a small agency can cost-effectively
develop a CFPB compliance system that will help preserve its operational compliance.
So how does getting involved with your association help you with CFPB compliance? I am glad
you asked! ACA of Texas is hosting ACA International’s CFPB compliance seminar in Houston on
Monday, September 23rd. Our ACA of Texas Annual Conference begins on that Monday at 4pm,
and the primary focus of the educational content will be additional CFPB issues and compliance
preparedness not covered in the CFPB seminar. To help members with the expense of attending
these valuable educational opportunities, those who attend the CFPB seminar and then also stay
for the ACA of Texas conference will pay a significantly reduced conference registration fee. So,
being involved through attendance at the CFPB seminar and the ACA of Texas conference benefits
attendees by providing the educational framework needed for CFPB compliance in a very costeffective manner.
It has been an honor and a privilege to serve as your association President, and I sincerely thank
you for the opportunity. In my first column, I encouraged members to not be a MINO (Member
In Name Only). And the upcoming 2013 conference is a perfect time to show you aren’t a MINO,
so I look forward to seeing you in Houston!
Respectfully,
Greg Mason
ACA of Texas President
Summer 2013
Southwest Collector Connector 5
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executive director’s comments
I am ‘Wowed’ and I Hope You Are as Well….
For starters, I am ‘wowed’ by the great program that has been put together for our 66th Annual Conference & Exposition at the
Sheraton Brookhollow Hotel in Houston, September 23-25 (for the details see the Conference Registration Packet located in this
issue beginning at page 21).
With the new Consumer Financial Protection Bureau (CFPB) expanding its reach and the volume of its regulations, ACA of
Texas is pleased to be hosting ACA International’s CFPB compliance seminar, “How to Prepare Your Compliance Program for the
CFPB”. This seminar will be presented beginning on Monday the 23rd and will wrap up at noon
on Tuesday. You will note that there is a discounted registration fee for conference attendees who
also attend the CFPB seminar.
Our conference will wrap-up on Wednesday morning with Rozanne Andersen and Keith Wier
bringing timely tips and insight into the CFPB complaint process as well as the Bureau’s examination
process. In between, on Tuesday morning, we will have sessions covering hiring better applicants
(“Measure Twice, Hire Once”), and an update on the Affordable Care Act (the other ‘ACA’) known
more affectionately as “Obamacare”. On Tuesday afternoon Lee Rigby, our state MAP Chair, will
moderate an attorney panel that will be answering your legal questions. This session will also include
the always popular “Litigation Update.”
I am ‘wowed’ that once again, ACA of Texas is able to secure our new ACA International President,
Leslie Bender, to join with us for the conference and she will be available to update our members on
all that ACA International is doing to promote and defend our industry. In addition, Leslie, along with John Bedard, will be the
instructors for the ACA CFPB seminar (another ‘wow’).
Sharon and I, along with a number of our Texas members (65 in total), just returned from the 74th Annual ACA International
Convention in San Diego. ‘Wow’, what a great city, a great climate and a great hotel. I was ‘wowed’ by the great reception the
Texas delegation received from other attendees with the recognition of our outstanding conference and the contributions of our
members like Tom Stockton, Immediate Past President, and Loraine Lyons, National Director, and our four Council of Delegates
members, Stephanie Rifenberg, Vic York, Mike Cramer and Rick Goforth. These folks freely give of their time to help both ACA
of Texas and ACA International. And the same could be said for many other members who, over the years, have also given much in
the way of their time, their talent and, yes, even their money to make a difference for this industry and all of its member businesses.
A great big thanks to all who serve (and there is both room and opportunity for you to serve as well, just give me a call).
Finally, I was ‘wowed’ as I was working on this issue of the magazine and, while editing the Professional Education page (pg.
39), I was struck by the breadth and magnitude of the educational offerings from CampusACA. Having attended some of these
seminars, webinars, and online sessions, I know the quality and the work that goes into preparing these materials as well as the
preparation of the instructors. If you are not taking advantage of these educational offerings, you are missing out on the true value
of your ACA membership.
I hope you will find this issue to be of value as well (maybe even ‘wowed’). We have some very interesting, thought provoking
and practical information inside. Including the three Educational Foundation Scholarship winner’s winning essays on ‘Financial
Literacy.’ I also hope that you will make your plans to join us in Houston for this year’s annual conference. It is timely, it is
practical, and it is well worth the investment of your time and money.
As always, thank you for allowing me the privilege to serve as your Executive Director. 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
Summer 2013
Southwest Collector Connector 7
ACA OF TEXAS
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Sales Tips
From Paul’s Desk
Seven Steps to a Successful Close (Part 2)
By Paul Morrow
In my last article (Spring issue), I outlined the first three of seven
steps that I consider to be usually necessary to complete a sales
cycle. Sometimes all seven steps are not necessary; however, in
most cases all are used. Following are the remaining four steps
normally used in a sales cycle.
4. PRESENTATION
Through a series of questions in step 3, you determined how your
services will benefit your prospect, so you should now be prepared
to make a good presentation that addresses your prospect’s
situation and concerns.
In many cases, you will deliver your presentation after having
had a chance to go back to your office to review the information
you have gathered. You should customize your presentation for
each prospect, focusing on the unique perceived benefits of your
services. Experienced salespeople will also know from previous
presentations how their services will benefit a prospect.
The presentation must demonstrate that your services will meet
the prospect’s needs and that you are very aware of the prospect’s
situation based on the answers received in the last step.
When presenting any technical features, it is important to link
these directly to a benefit to the buyer. An example would be that
your automated dialer will help you reach many more patients
and therefore be able to resolve additional outstanding balances.
Always use references to other situations in which your service has
been a success to other organizations in the same industry.
Your presentation should be geared to the audience members and
their understanding of the services and technical solutions that you
might use in your agency. If you receive a question at any time and
are unsure of the answer, you should indicate that you will have
to research the topic and get back to the questioner.
Never say anything derogatory about your competition, as this
makes you appear unprofessional.
Seek feedback during the presentation and be open for questions
at any time.
5. OBJECTIONS
If you have done your homework and were thorough in the
questioning stage, you should be able to minimize the number
of objections at this time. Objections or questions will come up,
and you should make sure you understand the meaning of those
by restating them. If you are still not comfortable with your
Summer 2013
understanding of the objection or question, you may need to dig
deeper with additional questions.
Many objections can simply be requests for more information,
and it might be appropriate to ask why a certain issue is important
to the buyer. It is vital to cover all objections since unanswered
objections may be the only reason for not getting the sale.
It is OK to take notes during the presentation or questioning
period to ensure you address every topic of importance to this
buyer.
When you believe that the buyer is ready to go to the next step,
it is time to close the sale. Closing the sale can be accomplished
at this point or at any previous point in the sales cycle by using
trial closes such as, “If we can do that for you Mr. Prospect, can
we do business together?”
6. CLOSING
You should have several closing questions prepared at this point
in the sale. After you have asked if you have covered everything
to the satisfaction of the buyer, you can then ask when the buyer
would like to begin the startup process. If you have an automated
placement process, you can ask for the file layout or whether you
can prepare a contract for the buyer.
A stall at this time usually indicates a hidden objection, and you
need to ask why the buyer cannot proceed at this point. The
feedback hopefully will be something that you can overcome. To
generate further discussion and perhaps uncover the objection,
you could also suggest a review of the material that you believe is
most important to the buyer.
7. DELIVERY
After the final agreement is reached, complete with a signed
contract, setting up the client becomes very important. You do
not want something to go wrong with the setup that could cause
the buyer to have any remorse about his decision to use your
agency.
It is the salesperson’s responsibility to make sure everything goes
smoothly during the setup phase. Good follow-up will usually
lead to good referrals in the future.
This article is by Paul Morrow, sales consultant to the collection
industry. If you would like to discuss any subject with Paul, please
contact him at 215-643-4282 or [email protected]..
Southwest Collector Connector 9
ACA OF TEXAS
ASSOCIATE
MEMBER
ACA OF TEXAS EDUCATIONAL FOUNDATION ANNOUNCES 2013 SCHOLARSHIP AWARDS
Greg Mason, Chairman of the ACA of Texas Educational Foundation has announced that Samantha
Edwards of Flower Mound, Kristyn Goforth of San Antonio, and Kayla White of Burleson, have each been
awarded a $1,000 college scholarship. The three scholarships are awarded based on an essay contest on
the topic of “Building Good Credit for Financial Independence”.
The scholarship monies are made available annually to high school seniors who are dependents of
employees of member agencies. These scholarships are possible due to the many members, vendors
and others who support the activities of the Educational Foundation by participating in the annual fund
raiser golf tournament held in conjunction with our Annual Conference. This year, due to the heightened
emphasis on the CFPB at our conference, there will be a different form of fund raiser, the “Exhibitor
Introductions”. Information on the conference and other ACA of Texas events is available on our web site
at www.acaoftexas.org and elsewhere within this issue.
For any questions, or for information on the Educational Foundation and our golf tournament, please contact
our Executive Director, Tom Morgan at either 512-458-8666 or [email protected] .
The winning essays may be seen beginning below.
The Importance of Building Good Credit for Financial Independence
By Samantha Edwards
“I don’t want to talk about money or anything related,” I
overheard one of the two ladies next to me say at dinner one
night. And with that, the subject was dismissed. Money is a
highly emotional subject and many people find it difficult to
talk about it. Looking the other way with regards to finances is a
common problem, and can be the cause of even larger problems.
Instead of facing financial subjects head on, people choose to
dismiss them and put them off until it is too late. We need to
start educating people at a younger age about fiscal responsibility
and how to manage their money, spend within their means, and
the importance of saving. Only if young adults are encouraged
to act responsibly with regards to their credit and money can
they reach financial independence and stop “mooching off” of
their parents.
Over the past few summers, I have had the opportunity to work
for Complete Credit Solutions, Inc., a company that collects non
performing debt. Through this, I have seen textbook examples
of poor decisions that have led to bad credit. I was somewhat
shocked that people think they are not responsible for their
spending and think their debt will somehow miraculously
vanish. While working there, I was in charge of processing
repo documents, which showed me that people were spending
Summer 2013
money they did not have. Trying to repossess non-essential items
such as boats, ATV’s, and recreational vehicles, I began to see
the cons of buying something that is not necessary on credit. I
always thought that credit cards were so convenient and simple,
but they are only beneficial if used correctly. One must exercise
restraint in not buying things on credit that they do not have
the money for, and be diligent in making the payments. Day
after day I would hear excuse after excuse, but the truth is there
is no excuse for not being able to pay your credit card bills. Just
like anything else, the financial choices that I, as a young adult,
make now will affect me later in life. If I rack up credit card bills
to the point where I cannot pay them, my credit score will be
drastically affected. Eventually, taking out a loan to buy a house
or a car will be difficult because banks can see that I was not able
to pay my bills in college.
My future career goal is to go to medical school and become
a physician. Knowing that I will have to take out large and
expensive student loans for med school, I am conscious of the
cost of my undergraduate degree. Ideally, I would love to be a
Gator at the University of Florida. However, out of all of the
schools I applied to, it is by far the most expensive and has
Southwest Collector Connector Continued on page 38
11
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NEW ACA OF TEXAS
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EMPLOYMENT LAW – ASK THE ATTORNEY
How do I deal with a star employee who
bullies or berates co-workers?
By Michael Kelsheimer
E
ach August my wife begins a new school year with 22 bright
shiny faces that all come from different home environments. Some are very polite. Some are sneaky. Some are bullies. Some are bully targets. All of them are about to begin a new
relationship with their teacher that will set the tone for the next
9 months. In these crucial first days, the students will learn what they can
and cannot get away with. They will learn whether “Mrs. K”
demands respect or is a push-over, etc. Knowing this from years
of experience, Mrs. K immediately provides the ground rules
and delivers swift punishment for students who test the limits. Separate and apart from what is on the white board, Mrs. K
teaches the students how to treat her. Over the years, I have developed the view that employees are not
altogether different from my wife’s fourth graders. Employers
must teach the employees how to treat them and the other
employees of the business. The rules must be laid out in a way
the employees can understand at the beginning and punishment
must be carried out for employees who break the rules. If the
employer has no follow through on punishment, there will be
pandemonium. The employees, just like the students, will learn
that the supposed consequences never happen and the rules
mean little or nothing. This does not mean the workplace can’t be a fun environment. Most of Mrs. K’s students think she is the most fun teacher
they’ve ever had. She makes games of their desk work and grants
prizes and breaks when the students perform well as a group. In this same way the office does not have be “all stick and no
carrot.” As long as employees follow the rules, employers should
provide benefits.
A bully can ruin an office environment. And, even if that bully
is a star performer, the entire productivity of the office may be
dragged down by his or her actions. The profits the bully may
generate are often muted by the decrease in productivity from
other employees who perceive their employer will not stand up
for them. These other decent employees often look for another
job and bolt when the opportunity arises. Like it or not, the only way the problem gets better is if there
are rules and those rules are enforced. If the employer does not
have the stomach to discipline the bully because they are afraid
of losing him or her, there will be no way to curb the present
conduct. In that case, creating rules that are not carried out may
actually be more harmful. Summer 2013
Once the rules are created, the employer should provide advance
warning. The employees - including the bully - are all operating
on the assumption that the status quo will continue. They
need and deserve an opportunity to understand how things are
changing. From there, the employer must enforce the rules. I
know it is easier said than done, but nothing is going to change
unless you teach the bully how to treat his or her co-workers.
So what kind of punishment should employers mete out? Punishment that will actually cause a change in behavior. With a bully in the office, employers need to act quickly to reestablish control. Working through a few weeks of write ups to
get to a point where punishment is finally given will likely be
unacceptable. In most cases, this means affecting compensation. It is after all the biggest control the employer has and the biggest
reason the employees come to work. If the bully is an hourly employee or a salaried non-exempt from
overtime, consider sending him or her home without pay on a
day of your choosing (not a day that would seem like a vacation
to the employee). Let them know the punishment will be coming
and then randomly send them home after they get to the office
on a Tuesday or some other day where they will not be able to
convert it into a vacation day. If the bully is salaried and exempt from overtime, consider
reducing the bully’s salary for a week by an amount that will
hurt. Provide advance warning that the reduction is coming. It is not legal to do it after the fact. If you provide bonuses, cut back on the bonus. If you offer
vacation days, start taking them away (but remember to establish
this rule in writing before beginning to use it). All the while, document the bully’s conduct. This way, if nothing
else works, you can take that final step to terminate the bully
without risking some type of legal claim. Michael Kelsheimer is an attorney and a shareholder in the firm
of Looper Reed & McGraw, PC in Dallas. Michael specializes in
Employment Law. Questions can be sent to him at mkelsheimer@
lrmlaw.com. Not all questions can be answered in the Collector
Connector.
Southwest Collector Connector 15
Information . . . Knowledge . . . Wisdom
Which serves you best in your life?
By Tim Connor
How do I keep an article on information and knowledge brief
when during the past twenty years there has been a daily relentless
explosion of new information, research and inventions and ideas
that invade our lives on a moment by moment basis? OK, so I
will stick to four basics;
1) What is the difference between information,
knowledge and wisdom?
2) How does information impact knowledge?
3) How does knowledge impact wisdom?
4) How does wisdom impact life?
But first a definition of each.
Information ­­- Words and more words. Simple huh? Well think
about it - do an internet search on any topic and what do you
get - millions of words. Information can be valuable or of no
value to you at all but in the end it’s just more and more words.
Now here’s the dictionary definition - the collected facts and
data about a specific subject.
Knowledge – Specific information about a topic of interest.
Learned skills from practical study, research and/or practice. Now
here’s the dictionary definition - general awareness or possession
of information, facts, ideas, truths, or principles.
Wisdom - The ability to use specific appropriate knowledge
and information in a situation where you want or need a specific
result or outcome. The ability to blend information, knowledge
and experience in a practical and useful way to aid in a better
outcome. Now here’s the dictionary definition - good sense
shown in a way of thinking, judgment or action.
What is the difference between information, knowledge and
wisdom?
I don’t have to tell you what information is - if you have a
computer, IPad or IPhone I’ll wager you spend a minimum
of one - two hours a day searching for something, somewhere.
Just look at any page on any device and it is filled with words
(information). What makes all of this stuff useful or not, is its
ultimate value on a topic or subject of interest to you, otherwise
it’s just gibberish. If you spent every minute of every day of every
year of your life from now on you would not even scratch the
surface of the available new information available each day.
16
Knowledge is gained by learning or becoming aware of
appropriate information that you feel will add value in some way
to your career, relationships or life in general. Knowledge can
be gained from specific information regarding something you
value in your life - whether a financial, medical, family, hobby or
interest or career or business issue. Knowledge is deciding what
information is valuable to you. For example if this article does
not interest you, you will most likely stop reading and move on
to some other area or topic of interest. If it does you will keep
reading. Here’s a major point to consider - you get 24 hours a
day to use as you see fit. When you spend time on any topic or
area you eliminate the ability to spend that same time on every
other subject.
In a great book (now out of print) by Marvin Cetron (a leading
futurist and business guru) 25 years ago he stated that we are
currently doubling man’s accumulated knowledge every 7-9 years
and he predicted that by 2025 we will be doubling it every 5-7
days – scary huh?
Wisdom is a choice - of whatever information you have available
and how you can apply it and then the ability to use this
knowledge in an effective and appropriate way. Some would
call it common sense. But it’s much more than that as my
mentor Mark Twain was fond of saying, “We have to stop calling
it common sense as this implies everyone has it. We need to start
calling it uncommon sense since so few people have it.”
How does information impact knowledge?
If you are overwhelmed by information, mostly by choice,
you will find it very challenging to wade through it all in a
respectful period of time to determine which facts and material
are relevant to your current or future needs or desires when it
comes to what you need to know and why or when. Here’s one
of the problems - we are turning over our search for and use of
information to technology and losing many of the basic skills
like thinking, creating, writing and evaluating. I ask you - how
many 15 year olds do you think can spell, do basic math or even
write a complete grammatically correct sentence? I would guess
very few can do all of these.
Southwest Collector Connector
Continued on page 41
Summer 2013
ACA OF TEXAS
ASSOCIATE
MEMBER
ACA OF TEXAS
ASSOCIATE
MEMBER
TEXAS LEGISLATIVE UPDATE
By Paul Nagy, Legislative Committee Chair
T
he beauty of Texas government is having the
legislature in regular session for less than five
months every two years. The 2013 session running January
through May was generally favorable to our industry in
that we were not subjected to additional regulation.
Of significance, while a bill (SB 1040) passed prohibiting
the use of auto-dialers for unsolicited telephone calls, it
will not prevent their continued use for debt collection. It
took debate on the floor of the House to reinforce that debt
collection calls are not “unsolicited” calls. Also, the million
dollar revenue exemption for calculating the franchise tax
was made permanent and should have a positive impact on
many of our members.
Because of the potential to affect our membership in the
future, a watchful eye was kept on legislation in two other
areas. First, a significant effort on further regulating Credit
Access Businesses (comprised of payday lenders and
vehicle title lenders) was partially successful. Second, the
Office of the Consumer Credit Commissioner was given
authority to use the National Mortgage Licensing System
(NMLS) for registering and licensing businesses under its
jurisdiction. This does not affect us yet.
A large part of our effort with the legislature continues
to be educating the members and staff about the bond
requirements and laws governing our industry. Our
Association has been successful in communicating
that third-party collection agencies collecting from
Texas consumers are governed by the federal Fair Debt
Collection Practices Act as well as other federal and state
requirements. The additional requirement to file a surety
bond with the Texas Secretary of State effectively registers
collection agencies with the state for all to see. This effort
involves our Association’s executive director, Tom Morgan,
our government relations firm, Laine Strategy Group and,
importantly, our membership who are the constituents.
Looking ahead, the 2014 election cycle is beginning.
While the statewide races get the most attention, all state
representatives and half of the state senators are elected
every two years. Fund raising ahead of the early January
candidate filing deadline is beginning, especially where
there will be primary challenges. Many races will be
effectively won or lost almost a full year ahead of Election
Day on November 4, 2014. When considering candidates
to support, one question to ask is how they will help to
maintain a positive business environment in Texas without
additional regulation.
“Happiness is not in the mere
possession of money;
it lies in the joy of achievement,
in the thrill of creative effort.”
--Franklin D. Roosevelt
Summer 2013
Southwest Collector Connector 19
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ACA OF TEXAS
ASSOCIATE
MEMBER
(800) 488-4420
© 2012 Columbia Ultimate. All Rights Reserved.
www.columbiaultimate.com
American Collectors Association
of Texas
Downtown skyline from Tranquility Park in the Theater District. Photo courtesy of the Greater Houston CVB.
66th Annual Conference & Southwest Exposition
Sept. 23 – 25, 2013
Sheraton Brookhollow Hotel
Houston, Texas
Registration Information
Welcome! We hope you’ll join us in Houston, Texas.
Welcome! We hope you’ll join us in Houston, Texas.
famous for the Space Center, Galleria Mall, San Jacinto Monument, the Battleship
famousTexas,
for the
Space
Center,
Galleria
Mall,
Jacinto
Monument,
the Battleship
& now
the
Texas city
leading
theSan
nation
in new
job creation!
Texas, & now the Texas city leading the nation in new job creation!
Important
ImportantNotice
Notice
Regarding the Upcoming Meeting of the Board of Directors and the AnnuRegarding the Upcoming Meeting of the Board of Directors and the Annual Unit Meeting both to be Held in Conjunction with the 66th Annual Conal Unit Meeting both to be Held in Conjunction with the 66th Annual Conference and Southwest Exposition
ference and Southwest Exposition
President Greg Mason has called for the Fall meeting of the American Collectors Association of TexMasontohas
called for
of the American
of Texas President
Board ofGreg
Directors
convene
at the
5:00Fall
pmmeeting
on Sunday,
SeptemberCollectors
22, 2013 Association
at the Sheraton
as
Board
of
Directors
to
convene
at
5:00
pm
on
Sunday,
September
22,
2013
at
the
Sheraton
Brookhollow Hotel, 3000 North Loop West, Houston, Texas. The Board of Directors meeting is
Brookhollow
3000
North Loop West, Houston, Texas. The Board of Directors meeting is
open
to all ACA Hotel,
of Texas
members.
open to all ACA of Texas members.
The Annual Membership Meeting of ACA of Texas will be held at 4:15 pm on Tuesday, September
Membership
Meeting Hotel
of ACA
Texas will
be held
4:15 pm
oninclude
Tuesday,
September
24,The
2013Annual
at the Sheraton
Brookhollow
in of
Houston,
Texas.
Theatagenda
will
all business
24,
2013
at
the
Sheraton
Brookhollow
Hotel
in
Houston,
Texas.
The
agenda
will
include
all
submitted for the membership's consideration including reports from the officers, the electionbusiness
of ofsubmitted
for the and
membership's
consideration
including
reports from
the officers,
theMembers
election are
of officers
and directors
any other business
as may
be appropriate.
All ACA
of Texas
ficers andto
directors
encouraged
attend. and any other business as may be appropriate. All ACA of Texas Members are
encouraged to attend.
Your Association needs and welcomes the active participation of all of its members. Please consider
Your
needs
and welcomes
thevolunteering
active participation
its members.
Please
consider
how
youAssociation
can help your
Association
through
to serve of
asall
anof
officer,
director or
committee
how
you
can
help
your
Association
through
volunteering
to
serve
as
an
officer,
director
or
committee
member. For further information, please contact our Executive Director, Tom Morgan. He can be
member.
For further
information,
please
contact our Executive Director,
reached
at either
(512) 458-8666
or email
at [email protected]
. Tom Morgan. He can be
reached at either (512) 458-8666 or email at [email protected] .
22
Southwest Collector Connector
Summer 2013
Sheraton Brookhollow
Houston, Texas
3000 North Loop West
Houston, TX 77092
713-688-0100
The newly renovated Sheraton Houston Brookhollow Hotel is conveniently located just minutes from the Uptown Houston Galleria area
and downtown Houston at the intersection of Highway 290 and Loop
610. The Sheraton Houston Brookhollow Hotel guest rooms feature
the celebrated Sheraton Sweet Sleeper™ bed.
Stay connected to home or the office with the Link@Sheraton, refresh in
the outdoor pool, or re-energize with a workout in the fully equipped
fitness center. Sheraton Houston Brookhollow Hotel has thought of
everything you need for a memorable stay including complimentary
high-speed wireless Internet, spacious work desks, ergonomic chairs,
37" flat screen TVs and Bliss® bath amenities.
The hotel is located just minutes from popular things to do in
Houston such as world-class Houston museums, Houston
shopping, dining and entertainment, as well as major business complexes like the George R. Brown Convention Center
and Texas Medical Center.
The hotel offers free parking and a complimentary shuttle
with scheduled runs to the world-famous Houston Galleria
Shopping Center.
Reserve your room today!
Room reservation cut-off date is September 2,
2013. Make a reservation Online or call 713688-0100 and mention ACA-TX to obtain the
discounted room rate of $109 single or double.
The newly renovated Brookhollow lobby & Sheraton’s Sweet Sleeper™ bed.
Summer 2013
The hotel is easily reached (and is nearly equidistant) from both
major airports; Houston Intercontinental (IAH) on the north (23
miles) and Houston Hobby (HOU) on the south (20 miles).
Southwest Collector Connector 23
Conference Highlights!
Our goal for the Annual Conference and Exposition is to make it as fun, meaningful and
productive as possible. To that end we have several highlights to point out:
Once again, the Monday evening Opening Reception in the Exhibit Hall will
include the very popular “Bottle Auction” to raise funds for
CollectPAC/ACPAC. We are asking our attendees and vendors to each
bring a bottle (Scotch, Beer, Wine, Cola, M&Ms, Peanuts, Shampoo, whatever
comes in a bottle) that is wrapped in such a way so as not to disclose the
contents. The fun is in bidding for the unknown and, at the same time,
contributing to our legislative efforts. Once again, all decorated bottles will
be entered into a judging for “Best Dressed Bottle” with the winner getting a
special prize. This is a “don’t miss” event.
Second, we are hosting ACA’s “How to Prepare Your Compliance Program
for the CFPB” Seminar in conjunction with the Conference. This seminar is
designed to prepare agency owners, senior management, managers and
compliance staff to be ready for the CFPB. We are extremely fortunate to have
both Leslie Bender, Esq. and John Bedard, Esq. as our instructors. There is
a separate registration fee for persons wanting to attend this seminar. Go here
http://events.acainternational.org/default.aspx?cid=28007 for more information.
On Tuesday our conference sessions begin with with two critically important
topics; hiring qualified and competent staff (Brad Chambers) and preparing
for the “other ACA” (Don Canada). Following lunch in the Exhibit Hall with
the exhibitors, Leslie Bender, ACA International President will be sharing
information on the changes within ACA. The last session of the afternoon will
be Lee Rigby, Esq. moderating an attorney panel discussion. The attorneys
will each address pressing issues facing our members (along with an open
Q&A) plus there will be a “Litigation Update” as well. This session promises
to be a real “eye opener”. Our Annual Unit Business Meeting will end
Tuesday’s sessions.
Tuesday evening, we will again have the installation ceremony for the
incoming Officers and Directors during the Tuesday Evening
Extravaganza! The evening will begin with a reception at 5:15 p.m. to
recognize our generous CollectPAC donors. Following the reception, join us
for a fabulous dining experience beginning at 6:00 p.m. We will also be
featuring some “delicious” surprise entertainment. Come comfortable,
and enjoy a special time with your fellow ACA members and our special
guests. During this time we will also present our Unit Awards. Please note that
a ticket is required for the Friday Evening Extravaganza! (See the Registration form).
Wednesday morning, following breakfast in the meeting room, Rozanne
Andersen, Esq. from Ontario Systems will be presenting “Complaints and
the CFPB”. An invitation has been extended to the CFPB and we are hopeful
of having a representative from the Bureau. Closing out the morning will be
Keith Wier, Esq. providing a “real world” update and insight into the
regulations and workings of the CFPB affecting our industry. Wednesday
morning sessions are “not-to-be-missed! Plus, we will again be having a
“stay-to-the-end” prize drawing.
24
Southwest Collector Connector
Summer 2013
Schedule of Activities
Pre-Conference Events
Sunday, September 22, 2013
5:00 p.m.
Board of Directors Fall Meeting
Jasmine Room
ACA Seminar – “How to Prepare Your Compliance Program for the CFPB”
Monday, September 23, 2013
7:00 a.m.
Registration & Continental Breakfast
Magnolia Room
7:30 a.m.
CFPB Seminar Begins with Leslie Bender & John Bedard
Magnolia Room
11:30 a.m.
Lunch in Restaurant - Buffet
Cimarron
4:00 p.m.
Monday Session Concludes
Magnolia Room
Seminar Attendees are invited to join us for the Exhibitor Introductions and the Welcome Reception
Tuesday, September 24, 2013
7:00 a.m.
8:00 a.m.
Noon
Breakfast with the Exhibitors
CFPB Seminar Begins
CFPB Seminar Concludes
Exposition Hall
Magnolia Room
Magnolia Room
Conference Events
Monday, September 23, 2013
8:00 a.m.
Noon
4:00 p.m.
5:00 p.m.
Exhibitor move-in
Ballroom
On-site Registration (until 7:30 p.m.)
Ballroom Foyer
Special Event – Exhibitor Introductions
Magnolia Room
This is a special fund raiser for our Educational Foundation & FREE to all attendees!
Welcome Reception with our Exhibitors
Exposition Hall
Tuesday, September 24, 2013
7:00 a.m.
7:00 a.m.
8:00 a.m.
8:30 a.m.
10:00 a.m.
10:30 a.m.
Noon
2:00 p.m.
2:00 p.m.
2:30 p.m.
4:00 p.m.
4:15 p.m.
5:15 p.m.
6:00 p.m.
On-site Registration (until 5:30 p.m.)
Breakfast with Exhibitors – Exposition Hall
Opening Session – Welcome, Greg Mason
Brad Chambers – “Measure Twice, Hire Once”
Refreshment Break with Exhibitors
Don Canada – “Understanding the ACA (Obamacare)”
Networking Luncheon with the Exhibitors
Exhibit Hall Closes
Leslie Bender, ACA President - “ACA Update”
Lee Rigby – Attorney Panel and Litigation Update
Afternoon Refreshment Break
Annual Unit Business Meeting – Greg Mason
PAC Reception
Tuesday Evening Extravaganza!
Ballroom Foyer
Exposition Hall
Jasmine Room
Jasmine Room
Exposition Hall
Jasmine Room
Exposition Hall
Exposition Hall
Magnolia Room
Magnolia Room
Magnolia Room
Magnolia Room
Ballroom Foyer
Ballroom
Wednesday, September 25, 2013
8:00 a.m.
8:30 a.m.
9:15 a.m.
10:00 a.m.
10:15 a.m.
Noon
Summer 2013
Breakfast
Rozanne Andersen – “Complaints and the CFPB”
CFPB Representative – Invited
Refreshment Break
Keith Wier et al - “Wrapping Up the CFPB”
Post Conference Board of Directors Meeting & Luncheon
Southwest Collector Connector Ballroom ABC
Ballroom BC
Ballroom BC
Ballroom Foyer
Ballroom BC
Jasmine Room
25
American Collectors Association of Texas
66th Annual Conference and Exposition
Sheraton Brookhollow Hotel, Houston, Texas
September 23 - 25, 2013
ANNUAL CONFERENCE REGISTRATION FORM - (one per person and please print)
Agency Name:
Agency Address:
Agency City:
State:
Agency Phone:
Zip:
Fax:
Please register the following individual for the Conference Sessions and Activities as noted below:
First Name:
Last Name:
Email:
Position with Agency:
Is this your first ACA of Texas Annual Conference?
I am
am not
Yes
No
a member of ACA of Texas, MAP or another state unit of ACA
Pre-Conference ACA Seminar - "How to Prepare Your Compliance Program for the CFPB"
Separate fee required - see link below
http://events.acainternational.org/default.aspx?cid=28007
Monday (9/23) 7:00am-4:00pm & Tuesday (9/24) 8:30am-Noon
I am attending the CFPB Seminar and will register for the ACA Conference at the discounted rate below*
Conference Activity/Session
Fee
Fee to be Charged
Member/Discount*//Non-Mbr/Discount*
Conference Registration (Please indicate if this is a First, Subsequent or One-Day Registration)
I am the 1st Registration - All Conference Sessions
$245/$99/$345/$159
$145/$59/$245/$109
I am a Subsequent Registration - All Sessions
I am a One-Day Registration (Circle one: Tues/Wed)
$100/NA/$195/NA
I will attend the Tuesday Extravaganza! NO
YES
If YES, there will be an additional ticket cost of:
$20
Spouse/Guest (not employed in the business)
Name:
Full conference-includes Tuesday Extravaganza!
One day-does not include Tuesday Extravaganza!
Monday Opening Reception - ONLY
Tuesday Extravaganza! - ONLY
$
$
$
$
$
$
$
$
$175
$100
$35
$60
Total Registration Fees Due:
$
Method of Payment: Check for $_______________________
Make payable to: ACA of Texas
Or: Charge my Visa
Signature
Master Card
AmExp
For
$
Billing Zip Code
Name on Card
Card Number
Security Code
Expiration Date
I have a disability or special dietary needs ____ (We will contact you and try to accommodate, if possible)
Submit this form with payment to: ACA of Texas, 18604 Interstate 20 West, Lindale, TX 75771
If paying by credit card, please fax to 512-458-8740 or scan and email to [email protected]
Call 512-458-8666 or email [email protected] for more information or if there are any questions
How to Prepare Your Compliance
Program for the CFPB
ACA’s newest seminar will walk you through the key steps in a compliance management system lifecycle and point out what the CFPB is
going to be looking for in that system. You will leave this seminar with actual tools to help you audit your compliance management system
including various forms and templates as well as ACA’s Compliance Checklist and the CFPB’s Compliance Management Review Template.
Whether or not your agency faces examination under the CFPB Larger Market Participant Rule, you could be subject to enforcement
under the new rule. Learn how to assemble your compliance team, conduct a gap analysis on documentation, manage consumer
complaints and more.
You will earn 5.5 Professional Development Units by attending, which count toward ACA’s Scholar and Fellow designations.
Event Details
Payment Options
Date/Time: Sept. 23: 7:00 a.m. – 4:00 p.m.
Sept. 24: 8:30 a.m. – noon
Registration
Hotel:
Sheraton Brookhollow Houston (see details below)
Instructors: John Bedard Jr., Esq., Bedard Law Group, P.C.
Leslie Bender, Esq., Bender & Radcliffe, PA
Register:
Fax: (952) 926-1624
Online: www.acainternational.org/events
$499 Member
$624 Nonmember
$449 Member 2nd Person
Total: $ _____________________________________________
Check one (payment must accompany registration):
Payment enclosed (make checks payable to ACA International)
Bill my credit card:
Attendee Information
Visa
MasterCard
American Express
Company ____________________________________________
Name on Card ________________________________________
ID# ________________________________________________
Acct. # ______________________________________________
Telephone____________________________________________
Exp. Date ____________________________________________
Address______________________________________________
Signature ____________________________________________
City, State, ZIP _______________________________________
Name _______________________________________________
Title ________________________________________________
Please mail or fax with payment to:
ACA International, Attn: Campus ACA
4040 W. 70th St., Minneapolis, MN 55435
Fax: (952) 926-1624
E-mail ______________________________________________
Questions? E-mail: [email protected]
Call: (952) 926-6547
Hotel Accommodations: Room rate deadline: Sept. 2, 2013
Cancellation Policy
Sheraton Brookhollow Houston
3000 North Loop West, Houston, TX 77092
Reservations: (713) 613-0642
Room rate: $109 per night (single/double)
Closest airport: George Bush International Airport (IAH)
ACA reserves the right to cancel or modify the program or substitute
speakers. If ACA should cancel the program, registrants will receive a full
refund. Cancellations received two or more weeks prior to the seminar will
be charged a $35 cancellation fee. Cancellations
received less than 14 days prior to the seminar
will not receive a refund. E-mail your cancellation
to [email protected]. If you do not
cancel and do not attend, you are still responsible
for full payment.
Professional Development Units (PDUs)
To receive your PDUs and a Certificate of Attendance, you must attend
the duration of the seminar and complete all required assignments.
h t t p:/ / ww w.acainternational .o r g / e v e n t s
ACA OF TEXAS
ASSOCIATE
MEMBER
How to Give (and Receive) Positive Criticism
By Kevin Daum
Criticism hurts for most, but given right, it can inspire both the
critic and the critiqued. Here are five tips to make your critique
a positive experience.
and make them hard to remember. Plan your conversation in
advance and in writing so the subject can walk away with clear
direction on how to improve.
There is nothing pleasant about criticism. Even the best
intentioned critique still stings. People like to be right, correct,
and accomplished, and when they’re not, it hurts to hear the
truth, no matter how nice your critic tries to be. Still, those who
strive to improve, value direct feedback no matter how painful.
And as long as the critic is not being malicious, he or she can
actually build a higher level of trust by providing constructive
criticism carefully and empathetically.
So whether you are reviewing an employee, family member or
friend, here are five tips for giving criticism in a way it will be
appreciated and well received. I also put notes to the receiver as
to how you can make the most of the critique.
When you’re on the receiving end, let your critic speak their mind. If
you debate on the spot, you’ll appear closed and defensive. Better to
agree to consider the feedback in the moment. Then you can revisit
the conversation with careful thought and perhaps a little critique
of your own if warranted. You’ll be taken more seriously when your
response is thoroughly contemplated and well-articulated.
1. Have Clear Objectives
Ask yourself what is the best possible outcome of this critique.
If you are simply venting with no intention, you won’t likely
achieve anything but rancor and resentment. Perhaps you are
only prolonging an eventual termination in which case why waste
energy and emotion while putting off the inevitable.
On the other hand, if you find yourself the target of an attack, see if
you can diffuse the situation by asking your critics what they hope
to accomplish. In the best case, you may get an understanding of the
real issue. In the worst case, you’ll know it’s time to make a graceful
exit willingly.
2. Create a Neutral Environment
Consider the time and place for your critique. It usually helps
not to critique in front of a crowd, which generally leads to
humiliation. Human Resource policies may require a third
party, but better to make sure that person is fairly neutral so no
one feels ganged upon. The best way to neutralize the tension is
with appropriate humor. You can build rapport and take down
defenses by sharing your own personal experience of silly mistakes
you have made in your career. This helps the subject relate to your
humanity before addressing his or her own inadequacies.
If you’re the one in the hot seat and you feel threatened or embarrassed
by your environment when being critiqued, speak up. Ask to move
to a private area or to set up an appointment in the near future.
Prepare yourself for the information you will receive. Be attentive
with open body language so your critic relaxes as well.
3. Use Fewer Words With More Meaning
4. Align the Criticism With the Subject’s Goals
A self-serving critique falls upon deaf ears. Know your subjects
well enough to explain how your suggestions will help them
achieve their desired objectives. If they are invested in the
outcome, they’ll likely be more open to suggestion, regardless of
how they feel about you or other people involved. For example,
if their goal is to be an amazing boss, then dealing with other
people’s objections becomes integral to their success. Provide the
context for advancement and the critique will be welcomed.
When you’re the one being critiqued try stepping outside yourself.
Listen objectively to what’s being said. If you are clear on your goals,
you’ll be able to better identify and filter the good advice from the
unwarranted ranting of lunatics.
5. Encourage Self-Critique
Instead of simply laying out a list of offenses, describe scenarios
from an objective viewpoint and ask key questions so your
subject can draw their own conclusions about their weaknesses.
Lead them with questions to understand from a management
perspective why a different behavior is more suitable. When
making statements, stay away from direct attacks. Use “I”
language and speak from your own experience.
Everyone should do their own self-assessment regularly. Try and
anticipate the key points of any critique before it happens. If you
are able to start the conversation by listing your own failures and
suggesting remedies at the outset, you’ll disarm your critics and likely
impress them as well. Then the whole experience will feel like a
win-win for you both.
An Inc. 500 entrepreneur with a more than $1 billion sales and
marketing track record, Kevin Daum is the best-selling author
of Video Marketing for Dummies. @awesomeroar. This article is
reprinted courtesy of Inc Magazine.
Your subject has a strong inner voice during a critique and is
likely anxious, so keep your critique brief and to the point. The
more you say, the more likely you will distract from the key points
Summer 2013
Southwest Collector Connector 29
DON’T BE A GOSSIP
By Terry L. Sumerlin
I was recently asked if so-and-so is still alive. When I answered
“yes” for the millionth time, the response was the same - for
the millionth time: “Well, I’m surprised one of his ex-wives
hasn’t killed him by now.” The fact that the fellow’s daughter
happens to be one of the exes might have biased him, and
stirred his emotions, just a tad. However, I wondered why we
must go through the same song and dance every time he sees
me?
I’d had enough! First of all, I don’t care how many ex-wives my
acquaintance has, nor is it any of my business. Furthermore, and
more important, I feel it is just as bad to listen to gossip as it is to
tell it. So, I decided to put a stop to it with a simple suggestion:
“Why don’t you give him a call and take that up with him?” It
suddenly got very quiet.
From a moral point of view, gossip is a terrible thing. But, our
primary subject in this newsletter is not moral or religious. It is
business and leadership. Therefore, from a practical point of view,
let’s look at a few characteristics of this most destructive form of
speech. Keep in mind, though, what Ronald B. Zeh said years
ago: “The gossip of the future may not be a backbiting, nosy,
tongue-wagging two-face, but a super-megabyte, random-access,
digital interface.” Gossip can be spoken or written.
The first thing we need to consider is what gossip says about
one’s character. We will grant that sometimes what we say about
others is not as much a matter of character as it is carelessness,
and a need to give more thought before speaking. It’s very easy
to drift from simple, innocent, harmless conversation about
others into that which is harmful and should not be repeated,
even if it’s true. Some folks just talk too much.
On the other hand, deliberately telling or repeating that which
we know to be harmful to another’s reputation strongly suggests
a character problem. This, by the way, is vastly different from
saying what must be said about someone, saying it to the right
person and saying it for the right reasons. That’s responsible
action, and requires courage. The other is irresponsible, abusive
and cowardly.
Another thing about gossip is what it does to the reputation of
the one who makes it a habit. It makes that person someone who
can’t be trusted. It tells others that anything said to him or her,
30
even in confidence, is not secure. It also says that if that person
will gossip to you, the same person will gossip about you. As a
result, trusting a gossip becomes a huge issue in relationships
and business.
Gossip also indicates a lack of emotional and/or intellectual
maturity.Those who are comfortable and secure with themselves
don’t feel a need to tell things about others in an attempt to tear
them down. They, rather, are inclined to say things that help
them and build them up. They’re genuine leaders!
With respect to maturity and how it impacts what we talk about,
it might be good for everyone to keep in mind: “Great people
talk about ideas. Average people talk about things. Small people
talk about other people.” - Unknown.
Finally, slander can come back to bite us. What makes its way
to our ears, and then is repeated by us, can just as easily make
its way to the ears of others.
Notice that for the first time I used the word “slander” in place of
“gossip.” It has legal connotations. Slander that we have spoken,
repeated back to us, could be very embarrassing. It could be worse
than embarrassing, when repeated back to us in court. LEADERSHIP PRINCIPLE:
“If wisdom’s ways you wisely seek,
Five things observe with care,
To whom you speak,
Of whom you speak,
And how, and when, and where.”
-Caroline Lake Ingalls
Terry Sumerlin is a professional speaker with over twenty years
of experience, as well as a business owner and barber. “Barberosophy is my way of relating the important principles of life and
business through easy-to-remember, and often humorous, stories
and anecdotes.” Terry can be contacted at www.barberosophy.com
or 800-329-3381.
Southwest Collector Connector
Summer 2013
ACA OF TEXAS
ASSOCIATE
MEMBER
ACA OF TEXAS
ASSOCIATE
MEMBER
ACA INTERNATIONAL
ACA OF TEXAS WELL REPRESENTED AT
ACA INTERNATIONAL CONVENTION
(San Diego, July 17) ACA of Texas was well represented at the recent 74th Annual ACA International
Convention held at the Manchester Grand Hyatt. Attendees from Texas included agency members, debt
buyers, MAP attorneys and creditors. Out of the 17 candidates for the ACA International Board, two were
ACA of Texas members, Ken Bone from Carrollton and Phillip Spears from San Antonio. While neither
was elected, ACA of Texas continues to be well represented by Tom Stockton, Immediate Past President, and
Loraine Lyons, National Director. Below are just a few of the pictorial highlights from the convention.
34
Southwest Collector Connector
Summer 2013
CONVENTION HI-LIGHTS
“Our Board Candidates
Summer 2013
Southwest Collector Connector 35
Congratulations!
The following members achieved the Professional Collection Specialist
(PCS) Designation
Pamela Bishop, LTD Financial Services, Houston
Julie Vezer, CW Rod Tool Company, Inc., Houston (Creditor)
The following member achieved the Certified Instructor
(CI) Designation
Joe Adams, Hampton Pryor Group, Inc., Flower Mound
The following individuals have achieved the Trainer Specialist
(TSP) Designation
Jennifer Adams, Account Control Technology, Inc., San Angelo
Julie Barela, LTD Financial Services, Houston
Pamela Bishop, LTD Financial Services, Houston
Richard Forest, LTD Financial Services, Houston
The following members have attained the Scholar Designation
Phillip Cervin, Texas Guaranteed Student Loan Corporation, Round Rock
Loraine Lyons, FMA Alliance, Ltd., Houston
L. Ron Nunley, Certified Recovery Systems, Inc., Houston
Christy Rhodes, Paramount Recovery Systems, LP, Robinson
MEET RENKIM CORPORATION
ACA OF TEXAS’ NEWEST ASSOCIATE MEMBER
Renkim, founded in 1982, provides Print and Electronic Mail Solutions to Collection Agencies, Debt Buyers and
Creditors. Renkim operates from a 100,000 sq. ft facility in Southgate, MI and a satellite operation located in Toronto,
Canada. Renkim’s suite of services consists of Data, Print, Electronic Presentment and Payment Portals. We have developed
unique front-end Data tools to assist in account decision making. Our Print technology covers black ink through 4-color
on demand for Letters, Statements and Self-Mailers. Renkim’s Electronic mail services provide a flexible multi-channel
approach for eNotice, eBill and online Archival. Renkim has the ability to assist clients with online payment portals and
debt negotiator tools. Renkim certifications consist of PCI-DSS Level 1, FISMA, GLBA, HITECH, USPS Full Service
Certified and SSAE#16.
For more information on how Renkim Corporation can meet the needs of your business, contact Cliff Stephens at
972-5398398 or [email protected].
WELCOME NEW MEMBER
New Agency Member
Best Receivables Management, Dallas
36
Southwest Collector Connector
Summer 2013
CollectPAC NEEDS YOUR HELP
The primary purpose of this column is to encourage our members to participate in providing the funds needed to allow us to make
campaign contributions that help to elect pro-business, conservative legislators who will work to make the Texas business climate better
for all businesses. To that end, we want to always recognize and give thanks to those members (below) who have been faithful to support
our PAC.
Also, we are asking our members to do two additional things; first, get involved and second get committed. Get involved in the
legislative process by taking the time to meet your local state representative(s) and your state senator. Invite them to your office and educate
them on the importance of what we do as well as the impact that your business has on your clients and your community. You would
be surprised at the number of people in government who have no concept of what we do and how we do it. Second, get committed!
Make a commitment to support CollectPAC (see the contribution card below). It is only because of the financial commitment from our
members that we had the funds on hand to make the campaign contributions that we did. Now, before the next election cycle, is when
we must rebuild our CollectPAC fund. Please, Help us today!
2012 - 2013 MEMBER HONOR ROLL
Contributors shown below made a significant contribution to our efforts for this upcoming election cycle.
$1,000+
$500+
Diamond
Platinum
Tom Stockton
Loraine Lyons
Mike Cramer
Jeff Hurt
Darlene Mead
Fred Bassett
Stephanie Rifenberg
$250+
Gold
Paul Nagy
Michael Rash
Bonnie Finley
Steve Whigham
Bruce Cummings
Carrie Finney
Jean Bryant
Mike Ryalls
Russ Jakubowski
Vic York
$100+
$100+
$50+
Silver
Silver
Bronze
Steve Lappin
Felipe Ossa
Pete Concannon
Ron Nunley
Paul Gauerke
Pat Morris
Tim Britt
Greg Mason
Reid Kuhn
Michael Foote
Tom Morgan
Judy Jordan
Under $50
Mike Ginsberg
Chris Meier
Friends
Sandy Capeheart
33 Employees
Terry Simonds
- The CMI Group
Andrew Marancik
Please consider your renewal right now or, if you have not previously contributed, please take a minute and fill out the form provided below
and send it to our Association office. You may also call the office (512-458-8666) with your pledge and credit card information. Contributions
can be scheduled on either a monthly or a quarterly basis by calling the Association office.
Only personal checks or credit cards can be accepted. If contributing by credit card, fax this form to 512-458-8740. Thank you for supporting
the efforts of your business’ Trade Association and those who volunteer to maintain a pro-business climate. Your support makes a difference.
Vic C. York, IFCCE, MCE.
Chair, CollectPAC Trustees
#
American Collectors Association of Texas Political Action Committee
CollectPAC Contribution & Pledge Card
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 512-4588666 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
Summer 2013
Southwest Collector Connector 37
Continued from page 11
offered me the least amount of scholarship money. Although I
could take out loans now so that I could attend my number one
school, I realize it would not be rational because of the additional
amount of money I will owe once I graduate medical school.
It takes sacrifices such as these to be financially independent
once graduated with a bachelor’s degree and “off your parent’s
payroll” as my father likes to say. Dave Ramsey speaks of making
sacrifices on overcoming debt, using the example that “I don’t
want to walk across hot coals because it is fun, but if I can be
shown how a short, painful walk will do away with the lifetime
of worry, frustration, stress, and fear that being constantly broke
brings me, then bring on the hot coals.” Having bad credit
causes unnecessary problems for a lifetime because of a couple
of immature decisions.
Financial literacy is the key to success. One must know about
the dangers of debt and the importance of having good credit.
This is an ongoing issue but a possible option to remedy this
problem would be to require more finance related courses
throughout schooling. So many parents give their children
anything that they want and do not teach them about financial
responsibilities until they are independent. I have enjoyed my
time working with my dad at CCS and being able to physically
see the repercussions of not maintaining good credit. If all
teenagers, before entering college, could have the same or similar
experience like I did, the credit card debt issue could be reduced
and financial independence could be achieved by all.
The Importance of Building Good Credit for Financial Independence
By: Kristyn Goforth
Credit was established as early as 1300 B.C. for traders making
loans among the Babylonians and Assyrians on the security
of mortgages and advance deposits, and by 1000 B.C. the
Babylonians had already created a form of bill exchange. During
the Middle Ages, lending and borrowing, as well as buying and
selling on credit, became a widespread practice which was essential
to the trading activities of the prosperous Italian city-states. “Fair
Letters” were developed at the medieval fairs, which allowed the
traders to borrow money or goods that must be paid back at the
end of the fair. This form of lending gave the person borrowing
money time to sell their goods at the fair, and pay the trader back.
In the years preceding the Mayflower leaving England, the Pilgrims
negotiated with a wealthy merchant to loan them the money
needed for sailing to Virginia. Pilgrims contracted to work for the
merchant and in return, the merchant financed their excursion.
This was the beginning of the worldwide use of credit.
balance each month. If paying off your entire balance is not
possible, always pay more than the required minimum to show
that you are being responsible in paying off your debts. Keep
your balance owed to less than 30% of your credit limit. Making
regular, on time payments will positively increase your credit score
and show creditors that you are able to manage your money wisely.
To continue to establish good credit, you should avoid spending
more than you earn, as well as set aside money in savings to serve
as a safety net in times of financial difficulty. You should also
protect your identity and keep track of your credit reports on a
regular basis. This allows you to make sure that the information
in your report is accurate and the data is current. You should also
make an effort to show stability by staying in one place and not
moving around a lot. Stability in your employment record and
commitment to your responsibilities shows lenders that you are
credit worthy.
Today, credit is an important aspect of our economy and is used
for a wide variety of purchases. From buying clothes to paying
for college, good credit affects our day-to-day lives. Good credit
necessitates the repayment of loans and bills in a timely fashion.
A good credit score ranges from 700-850. This kind of score
enables you access to lower interest rates, increases your chances
of getting a loan, improves your ability to qualify for lower
insurance premiums or even obtain a cell phone. A bad credit
score may result in your being denied a job, an apartment rental,
or a mortgage to purchase a home. To establish good credit you
should maintain a budget, track your spending, and pay off your
As a college student pursuing a medical career, I will require
multiple student loans in order to complete medical school and
follow my dream to become an anesthesiologist. In order to retain
a good credit score I must repay my student loans because credit
will have a huge impact on my financial independence.
38
Southwest Collector Connector
Continued on page 45
Summer 2013
Professional Education &
Development
ARE YOU INTERESTED IN DEVELOPING A BETTER DEFENSE AGAINST COSTLY LAWSUITS?
Lawsuits have consistently proven two facts: A well-documented training program, which provides
thorough education of all appropriate staff, is the best way to prevent becoming a defendant in a lawsuit, and
it also is the best defense against a lawsuit!
AND AGAINST THE CFPB? See the Conference Registration Packet beginning on page 21!
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. Examples
of the training programs, courses, and services available from ACA include:
•
Unit Training Library – members may check out the unit’s “FDCPA Essentials for Collectors”
and the “Essential Collection Skills & Techniques for Collectors” [CD-ROM] Training programs.
This service is provided free to our members (just pay the shipping to return the CDs)!
Assistance in scheduling ACA Seminars in specific cities, or in-house training for members. Contact either our state office (512-458-8666) or the committee chair for more information, or
to arrange a seminar.
•
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:
Date
8/6
8/8
8/13-15
8/20-22
9/10-18
9/23-24
9/24-26
9/24-26
10/8
10/9-11
11/6-8
Event
Location/Type
Ethical & Professional Collections
What it Takes to Manage Managers in Collections
Training Specialist Program – Members Only
Collection Floor Management
Credit & Collection Compliance Officer
How to Prepare Your Compliance Program for the CFPB
ACA Foundational Training on PPMS
Health Care Collection Management
Understanding the FCRA
Unit Leadership Conference
Fall Forum & Expo
Online
Teleseminar
Online
Online
Online
Houston
Online
Online
Online
Minneapolis
Chicago
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:
Jeff Hurt, Carrollton, 972-300-1700
[email protected]
Area Coordinator Info:
(Houston) Jason Bryant
936-756-7741
[email protected] (Austin/Central TX) Open
(West Texas/Panhandle) Open
(Dallas/Ft. Worth)
Russ Jakubowski
972-991-2288
[email protected]
(North/Northeast Texas) Open
(San Antonio/South Texas)
Julie Goforth-Osantowski
210-410-6061
[email protected]
Please contact Jeff Hurt if you would be willing to serve as an Area Coordinator.
Summer 2013
Southwest Collector Connector 39
ACA OF TEXAS
ASSOCIATE
MEMBER
How does wisdom impact life?
Continued from page 16
When you are overwhelmed with facts, figures, or resources it
will tend to limit your ability to find the best information for
you to make wise choices. Just do a simple Google search on
any topic and I’ll bet at least a million choices appear for you
to evaluate and consider. The main issue here is time. While
FTC Proposes New Policy Statement on Collecting
you are searching through many of these choices to find the best
Deceased Debt
answer (knowledge) you may miss the best ones or even the right
ones due to your lack of patience or available time.
On October 5, 2010 the FTC announced that it is clarifyin its
position onHow
the collection
of deceased
through a proposed
does knowledge
impactdebt
wisdom?
policy statement.
We all face unique and sometimes repeat challenges in our life. The key to resolving these in a timely, appropriate and effective
way is by using a combination of wisdom, common sense and
the lessons from your personal history. Yes, some people have
more common sense and experience than others given their
“Celebrity” FDCPA Litigant Slapped by Texas Judge
maturity, age or willingness to learn, grow and change but in the
end we all can bring a greater degree of wisdom to any situation. A Federal Magistrate Judge in Texas said this week that a plaintiff
The
key is to be willing to learn and then apply this learning to
suing
a collection
agency for FDCPA violations filed the case
situations
as they arise.
in bad faith
that not
only should
be dismissed,
butthe
Without
thisand
applied
wisdom
we arehisallcase
doomed
to repeat
he
should
be
found
liable
for
the
attorney’s
fees
accrued
by
the
same mistakes over and over again until we finally “get it”.
debt collection agency over the course of its defense.
NEWS YOU SHOULD KNOW
Think of knowledge as a tool box. You have purchased a tool,
TheitFTC
saidbox
its and
proposal
clarifies
that itwhen
will the
notneed
take
added
to your
it is now
available
enforcement
action
against
debt
collectors
who
communicate
arises. If you have a challenge in life and you don’t have the
with tool
a decedent’s
spouse in
or executor,
andtend
persons
proper
(knowledge)
your tooladministrator
box you will
to
authorized
to handle a deceased
person’s decision
estate. But
agency
default
to an alternative
tool (approach,
or the
reaction/
said the proposed
policythis
guidelines
make
clear
thator
misleading
response). In some cases
alternate
might
work
even be
consumers
about
their
personal
obligation
in
paying
a
deceased
an effective approach, but wouldn’t it be better to use the best
person’s
debt is a violation of FDCPA.
or right
tool?
Thethe
FTC’s
proposal
specific
guidance
on how
Here’s
problem
- if also
you provides
don’t have
the tool
you may
not
collectors
communicate
withbest
authorized
payers. it
make
the bestmust
decision
or take the
action. estate
So wouldn’t
make sense to keep adding new tools (new knowledge) to your
boxThe
that proposed
you feel you
might
need in the
rather thaninwait
policy
statement
willfuture
be published
the
for Federal
a crisis or
challenge
and
then
hope
the
right
tools
show
up? Register and the public has until November 8, 2010
I’ll to
letcomment.
you decide. But in the end if you have the tools you are
better equipped to act responsibly, maturely and from a position
of wisdom.
Wisdom can save time, stress, fear, anxiety, frustration,
The judge wrote that
Cunningham’s
case against
CMI
disappointment
andCraig
failure
although failure
can beThe
a valuable
Group,
Carrollton,
had
“no
genuine
issues
of
material
fact”the
tool if it leads to greater wisdom. Wisdom can increase
and should
be dismissed.
suedenhance
CMI inhappiness,
August
chance
of success,
improve Cunningham
relationships and
2009
alleging
that
in
the
course
of
attenpting
to
collect
a debt
contentment and inner peace.
originating with Time Warner, the ARM firm had violated the
FDCPA,
TCPA,
Debt Collection
and the
Texas us
“The
bestthepart
of the
ourTexas
knowledge
is that Act
which
teaches
Deceptive
Trade Practices
where
knowledge
leaves Act.
off and ignorance begins. With this
understanding we can create wisdom.” Oliver W. Holmes
“We’re obviously very pleased with the way the case has gone so
Tim
Connor
a global Chairman
speaker, trainer
and ofbest-selling
author
far,” said
TomisStockton,
and CEO
CMI.
(over 80 books). To put his insight, experience and creativity
to
work this
for case
yourfurther
organization
he cottage
can beindustry
reachedofatsuing
either
“I hope
exposes the
[email protected]
or profit,”
704-895-1230.
debt collection firms for
said Mike Ginsberg, President
and CEO of ARM advisory firm Kaulkin Ginsberg.
3414 East 5th Street | Austin, TX 78702 | 512.389.1747 | Fax: 512.389.1753
email: [email protected]
Summer 2013
46
Southwest Collector Connector Southwest Collector Connector
Fall 2010
41
ACA OF TEXAS
ASSOCIATE
MEMBER
ACA OF TEXAS
ASSOCIATE
MEMBER
ACA OF TEXAS
ASSOCIATE
MEMBER
Continued from page 35
(F)inancial (I)ndependence (C)an (O)vercome - FICO
By Kayla White
In our “microwave” world of instant gratification where obtaining
credit is relatively easy and common, maintaining and building
good credit seems to be on the decline.
Building a good credit rating early in life is a key stepping stone
to becoming financially independent. A good credit rating is
more than just borrowing money and paying it back, it is a value
and belief system that can guide your financial decisions your
entire life.
Achieving and maintaining a high FICO score not only indicates
financial responsibility, but it also makes obtaining credit easier
and more affordable. With a high FICO score, you are able to
borrow money at a lower interest rate and on more favorable
terms in most instances. Your FICO score is also a factor when
you are purchasing insurance, trying to rent an apartment,
purchasing a car, or purchasing a home. Lenders are able to
determine how financially responsible you are by looking at your
credit history.
Your credit history is also considered when you are applying
for a job. Employers are seeking responsible and disciplined
employees, and how you handle your credit history is a reflection
of your responsibility and discipline. If you have a history of
neglecting your credit, employers may see this as a sign that you
may neglect your responsibilities at work also.
The lure of easy credit is very much a part of our society today, and
some even view having a credit card as a status symbol. Having
a credit card can be convenient, sometimes too convenient,
and can soon lead to having an unmanageable debt problem if
not used properly. Once the debt becomes unmanageable and
payments are missed, this leads to a decline in your overall credit
rating and FICO score. This makes borrowing money, when it is
actually necessary, more difficult and expensive and compounds
the financial problem even more. Financial problems lead to
stress and can cause a person to become less productive, whether
in school or at work.
reflect that commitment. Being in control of your own financial
circumstances not only helps you build financial independence
for your future, it contributes to a higher self confidence in your
every day life, and you have one less thing to worry about.
When the time comes to move out on your own, purchase a
new car, or apply for new job, your credit history will be a key
factor. This will affect how much you will pay for that car or
home, through the interest rate you qualify for based on your
credit history. How much you will have to pay for insurance for
that home or car will also be determined by your FICO score
and credit history. A good credit history could be the difference
between you getting the job you applied for, or the other guy
getting it.
Becoming independent is more than just going to
college or moving away from home. Likewise, becoming
financially independent is more than just borrowing money
and paying it back. Becoming financially independent is about
understanding how your credit history affects all the plans you
make for your future, today.
BE A COACH!
Communicate
Observe
Advise
Cheer
Help
When you obtain credit for the right reasons and commit to
fulfilling the obligation you signed for, your FICO score will
Summer 2013
Southwest Collector Connector -Courtesy of
Parkland Hospital
45
Business Address
Changed?
New Website or
E-mail Address?
Help us keep our membership records
c u r re n t s o t h a t y o u re c e i v e t h e m o s t
up-to-date information possible. This will
become especially important during the
upcoming year. Contact tmorgan@texascollectors.
com 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.texascollectors.com.
Index to Advertisers
ACA International ..........................................48
ArtJam Productions, Inc. ...............................41
AVDS ................................................................10
Billing Tree .......................................................18
Business Ink .....................................................14
CDS Software ..................................................40
Columbia Ultimate . ........................................20
CompuMail........................................................32
DAKCS . .............................................................4
EFT Network....................................................31
Global Connect ...............................................47
HOV Services...................................................43
IAT ......................................................................6
LexisNexis ........................................................33
LiveVox................................................................8
MasterFiles........................................................12
Merchant Solutions International . ...............28
Ontario Systems...............................................17
Pathfinder/LL&D............................................13
RevSpring............................................................2
Silicon Benefits Insurance .............................44
Thomson Reuters ...........................................42
Membership Event Postings
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.Membership Event Postings
46
Southwest Collector Connector
Summer 2013
ACA OF TEXAS
ASSOCIATE
MEMBER
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