1. Do you have a formalized FDCPA training program? How long? How often are employees required to attend?
Response: Collectors receive in-house training in side-by-side supervisor sessions. Our collector to supervisor ratio allows consistent on-the-job training for customer service orientation, demand techniques as well as identifying FDCPA and FCRA violations.
Paralegals and legal assistants receive in-house task-based training from both our attorneys and our paralegal supervisor. Paralegals and legal assistants have full access to the paralegal managers to ask questions and obtain training for any situation which arises. Attorneys and paralegals comply with all state mandatory legal education requirements.
We also hold regular in-house seminars for attorneys, collectors, and paralegals. In addition, we provide managers with both in-house and outside seminars for leadership, human resource management techniques, organizational skills, communication skills and others. We provide collectors and supervisors with FDCPA training and updates.
2. Do collection practices adhere to state and federal regulations?
Response: Yes—Persolve does real-time call monitoring of many collection calls to confirm compliance with state and Federal laws. Given that the foundation of our organization is attorney-based, we take compliance with all state and Federal laws very seriously. Further, all of our attorneys and paralegals comply with state mandatory legal education requirements.
3. What measures are in place to keep attorneys and/or management informed about changes in applicable law and the latest in equipment and technology?
Response: Persolve generally relies on its memberships in associations and California and Nevada State Bars for dissemination of changes in applicable laws. Persolve is an active member in the (a) American Collectors Association (ACA), (b) California Association of Collectors (CAC), (c) National Association of Retail Collection Attorneys (NARCA), and (d) Debt Buyers Association (DBA). Also, the three attorneys are members of the State Bar of California and one of whom is a member of the State Bar of Nevada.
4. Does account manager/s sign a statement of compliance with Fair Debt Collection Practices Act?
Response: Yes—a newly hired collector’s first day consists of viewing our ACA approved FDCPA Training CD. Following the initial training, the collector is required to take a test and sign an internal document stating that he/she successfully completed the training and test.
5. Is the attorney or recovery specialist involved in any current or pending compliance related litigation?
6. Has the firm ever been in involved in any compliance related litigation in the past? When? What were the circumstances?
7. How does the attorney and/or account manager handle disputes?
Response: Upon receipt of either written or verbal disputes, our first order of business is to investigate all claims made by the consumer. In the interim, the account will be marked “Disputed” and sent to our Collection Manager for review, and if appropriate, to call the debtor. A Verification of Debt letter will be sent if media is available; if media is not available, we will request the media from our client. If the account has been reported to a credit reporting agency(s), it will be reported as “disputed”. The account will also be marked “Do Not Call” until validations is completed. Further, our client will be notified through standard reports.
Persolve’s policies on (a) Written Debtor Disputes and (b) Verbal Debtor Disputes are attached in the APPENDIX to this NCO Attorney RFI.
8. What is your procedure to address complaints by consumers regarding the firm’s employees?
Response: Any complaints, whether written or by telephone, regarding employees are immediately referred to the Collection Manager and President for follow-up actions with the employee and any actions to be taken, if required. Persolve has rarely received an employee complaint. However, all employee complaints are taken seriously my management.
Further, collectors lose 25% of their monthly bonus for any written or verbal complaint by a debtor or other third party. Conversely, a collector is given a monetary bonus for receiving positive comment letters or e-mails from debtors.
9. Do you maintain a complaint log?
Response: Yes–Persolve maintains a complaint log. The Company also maintains a “compliment” letter log.