Debt Collection 101: Episode 75 – Collections Compliance Advice From an Attorney

caption Hey everybody welcome back to another
episode of debt collection 101 here on Arbeit U. Yes, we have a.
terrific episode I like these episodes we have a guest.
joining us today we got John Bedard who we just saw at collector live if you.
went fantastic event. He'' s a corporate defense lawyer from Atlanta.
Thank you. Much for joining we'' re going to apply it I take my brick however I'' m in compliance. yes yeah sorry thank you for having me no thanks for doing this we really.
value it so I guess let'' s kick things off with the tell us about. yourself yeah it'' s my preferred question. Well my name is John Bedard I'' ve been. here in Atlanta for 20 years now. I began my profession representing mortgage.
lenders and mortgage brokers which was a very good segue and a compliment.
to representing the collection industry therefore my practice representing the.
collection market started in the late 90s and I'' ve been representing debt.
collectors debt purchasers lenders and attorneys ever since.We helped them do.
compliance work helping them stay in compliance with the myriad of laws that.
they have to adhere to around the country and we do the defense lawsuits.
when they get sued regulatory defense and civil defense litigation therefore.
I'' m originally from the Northeast. New York City and Pennsylvania I understand that I was. He was.
smart enough to go out. Get to the warm weather condition but now that I'' ve been in. Atlanta for 20 years are saying now is ain'' t never ever returning
to the old. country. We ' re spoiled here. It still gets cold.We still get the seasons.
it'' s just not the extreme. It'' s yeah it'' s a terrific place it ' s an excellent part of the.
Smart choice. Speaks to your intelligence currently.
getting in I indicate so from mortgages to financial obligation collection why did you do that.
yeah so well it was it was truly sort of an accident.
I simply I just sort of fell under it I knew that the company that.
was represented primarily the mortgage industry and I was actually you know in.
the shadows and under the wings of the partners at that company and they.
motivated me to you understand to discover a practice that was a great enhance to.
the home mortgage practice but was still inside the firm'' s core competency which.
was compliance and litigation therefore you know one client by mishap ended up being 2.
and 2 became four and you know fast forward you understand ten years and you''
re a. partner at the firm and you know quick forward another ten years and you know.
you'' ve got this whole practice that you'' ve been doing for a while yeah. remarkable that'' s yeah that ' s awesome you understand I promise you I didn '
t go to. law school informing myself I wished to represent debt collectors for a living.
it simply sort of happened yeah see I went to a college thing I want to solve this.
debt collector so I get it that'' s the comic you know wouldn'' t. occur any other method therefore it'' s an excellent market they ' re
fantastic individuals therefore I'' m. kind of I ' m genuine I ' m happy about the trajectory that my career is Egham you.
yeah that'' s awesome cool so I think we'' re off the bat very first concern I keep.
revising predictions on any legislation that may come out in 2019 that will.
assistance firms navigate compliance a little much easier for an exec for example an.
official a TDS meaning alright well you know I put on'' t you know I think we are. gon na see some guidelines in some legislation this year maybe I wear'' t understand. compliance any much easier though you know the very best thing we can wish for is.
clearness in the law now no matter what the rule is therefore you know they we have.
been waiting patiently for the highly-anticipated rules from the CFPB.
and so you know we'' re expecting that once again I understand we'' ve been informed that lots of.
times however possibly in second quarter here we may be getting some.
rules or some assistance ideally we'' ll get some guidance on the definition. of automated telephone dialing system it'' s truly really unfortunate that we.
can not receive from courts or legislators to concur on what the words indicate in the.
statute really you understand we are all victims of uncertain law yeah and it'' s. really troublesome for folks that are browsing these waters and so ideally.
we will see something there the other thing that I believe may be on the 2019.
radar is increasingly more guidelines or laws about privacy personal privacy seems to be at the.
leading edge of a lot of individuals'' s minds and we ' re starting to see States all over.
the nation adopt privacy guidelines information security rules therefore if I had a.
prediction it would date you understand personal privacy would be one of them for 2019.
great forecast I wouldn'' t guy yeah so till that day what do you yeah well.
not that but what do you tell your clients basically how do they deal with.
these how do they manage these loose definitions how do they deal with not.
knowing what they'' re doing not you know remaining in this dirty water not understanding.
that you understand what yeah what can they do to like stay compliant when there'' s you. put on ' t know what compliance oh yeah well a great deal of individuals in this industry now.
have counsel they have good legal counsel to assist them navigate these.
waters aside from that nevertheless I tell customers all the time that there are.
truly just 2 classifications of customers that find lawyers and submitted claims.
versus individuals the very first classification is upset consumers best and mad.
customers is a classification of customer we can really control you understand we have.
to ensure we are offering consumers excellent customer service and we'' re
not. making them upset so that they have no factor to go to a lawyer to achieve what.
they could otherwise achieve on the telephone with a law-abiding respectful.
financial obligation collector by and large what we see all over the country now law-abiding.
respectful financial obligation collectors that are that really wish to do the right thing.
the second category of consumer is the bankrupt customer since those are the.
consumers that go to insolvency attorneys for aid and those personal bankruptcy legal representatives.
extremely frequently tried to help their clients prevent personal bankruptcy and often that includes.
taking legal action against someone therefore you know collectors have a little bit less.
control over the insolvent consumer however they can still do what they would they.
do best which is to continue to work with customers that are in financial.
difficulty to help them avoid insolvency simply as much as their own insolvency.
legal representatives do Gould there'' s a golden tip right there so the biggest way is.
generally simply you know be good yeah but I suggest it'' s a really simple variation of.
it however yeah however it'' s true I imply nobody a great deal of that you have their tunes.
ridiculous technical offense that somebody makes and you they'' re not mad at you. they ' re not gon na the customers not going to just go out of the method them to.
do anything you know extremely good to them and they enjoy having a conversation and.
you were helpful to them so in a sense however yeah so.
jiminy while you made your yeah I guess for this coming year you your forecast.
is the personal privacy laws yeah I indicate that'' s all over yeah that'' s that ' s. Nostradamus over here predicting that yeah that'' s a fantastic'call yeah so there ' s. that but you have an app right you have
an'app actually yes. it ' s called arm law on lock and readily available on all type of different. platforms iOS platform Android you know Amazon Kindle all those kind of.
platforms and really what it is it is a resource for the law so you have the.
Fair Debt Collection Practices Act record tape-recording act telephone Consumer.
Protection Act so you can get the real statutes right there in the app however you.
can likewise get case law related to those statutes and so if you'' re looking for. a letter case if you'' re searching for cases about the identification of a.
debtor under the TEL under the FDCPA you can classify case law and truly look.
for cases and law as a resource and the very best part about it is it'' s pretty get. out yes yep that'yep yeah that ' s a terrific resource for every single collection in the.
firm to have yeah not only that I'' ve gotten calls from consumers that enjoy it.
I even got calls from the CFPB saying hey we actually like this app would you.
mind adding something else to it please and say la they desired the.
gramm-leach-bliley Act so all right fantastic we sanctuary'' t grabbed these by reactive so.
we have we have simply under 10,000 downloads on it truly yeah now we'' ve. had this for numerous years now so that'' s in a it ' s incredible extraordinary yeah and.
It'' s got some very simple ways to connect to browse to various things you can.
you can interact with me straight through it so it'' s pretty cool blowing.
up your QAM that'' s amazing helpful for you yeah that'' s cool I ' m going I desire to go. back to what we were discussing a little earlier keeping uh you understand angry.
Consumers lender petunias and you likewise are involved with speech analytics.
I'' m sorry I missed it stated you'' re also involved with speech analytics ideal oh.
yes so among the important things that our workplace does is offers an outsourced.
speech analytics tool to clients you understand we'' ve got a lot of clients who are.
either unwilling or unable to invest what it requires to establish their.
own internal speech analytics program right it'' s a big capital expense it ' s. a lot of labour in truth it cost more to run than it does to purchase in many.
circumstances therefore what we do is you understand I purchased that speech analytics.
tool and instead what we do is we function as an outsourced speech analytics tool.
for clients so customers drop their recordings on us we do all the analytics.
on those recordings and after that we deliver an outcome back to them which takes all of.
the capital expense out of the equation which takes all their labor and.
their learning curve and all of that out of the formula for them enjoy that'' s. really it ' s turnkey for clients and they like it and they like it therefore yes. that ' s another added reward of a service that our workplace supplies to customers and.
it'' s a legal service since we ' re providing legal suggestions on the content.
of their recordings also therefore that assists you know that just helps to.
our firm supply a more rounded service to meet the requirements of the collection.
industry yeah are you so with are you able to spot like with the speech.
endlich'' s where the agents to be able to see if they have a lot of upset. customers that their blockers are talking with is that something that'' s. gon na area definitely yes therefore we call that the.
warnings call therefore we have a whole we have an entire dialogue committed to what.
we call red flags therefore upset customers insolvent consumers the customer is.
represented by counsel you understand we'' re looking for all of those things and we.
offer outcomes to the client now one of the things that'' s really neat about it.
you know I'' m a big advocate of the mantra don'' t inform me you'' re compliant. show me you ' re compliant yeah and among the important things that we'' ve given our customers.
the chance to do through speech analytics is actually download all their.
speech information for themselves so not only can they.
state that they'' re positive that their agents recite the mini Miranda can to.
consumers they in fact have the information to show it right yeah and so that'' s substantial. that ' s substantial and our customers are actually make the most of that that'' s remarkable. I ' ve got numerous terrific services yeah I know where you have $10,000 right.
on the app it'' s just you got a wealth of knowledge up there all best yeah well.
thank you a lot for doing this watch for joining this one link the.
information so individuals can hunt you down how would how it can people find you.
they can discover me at are doing.
this I value I see you next time see you next timeAs found on YouTube – Creative Commons License.

Video Transcript:

Much for joining we'' re going to use it I take my brick but I'' m in compliance. Well my name is John Bedard I'' ve been. I'' m originally from the Northeast. Get to the warm weather but now that I'' ve been in. I ' ve got so many excellent services yeah I know where you have $10,000.

License: Creative Commons