January 2012


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January 2012

  1. 1. NEWSLETTER VOLUME 6, ISSUE January 202 Five Consecutive YearsThe Season of Giving: American Agencies (AA) contributes to a number of localcharities during the 2011 holiday season. Every Drop Helps... The Holiday Wish List For To obtain a full copy of the Collectors article by David Ingram, American Agencies’ please visit: http://www. recent blood drive Collections Credit Risk | Friday, collectionscreditrisk.com/ is a success. December 16, 2011 news/the-holiday-wish-list-for- By David Ingram collectors-3008879-1.html On November 8, 2011, 39 individuals registered to donate In a recent article published by * Thanks to Bill Barnshaw of blood at our Paxton Street Collections Credit Risk, we MRS Associates, Inc.; Steve office. 21 pints of blood were discover what is on the wish Kusic of National Recovery collected. list of collectors throughout the Agency; Nick Machol of Machol nation. Johannes; and Matthew On November 10, 2011, Maloney of First Financial Asset 15 individuals registered to The following five desires are Management for their holiday donate blood at our Crossgate identified as important topics wish list contributions. Drive office. 10 pints of blood as we move into the upcoming were collected. 2012 year. David Ingram is Senior Marketing Director at Experian. Each year, the Central 1. A friend at the Consumer Financial Protection Bureau, Pennsylvania Blood Bank uses 85,000 pints of blood to or CFPB. Inside this issue: support the hospitals of Central Pennsylvania. Every single 2. Ability to communicate Blood Drive P.1 pint of blood that is collected with debtors using the The Holiday Wish List P.1 is a result of volunteer donors. technology they prefer. For Collectors There is simply no way the Blood Bank can provide this 3. Regulatory reform to curb Food Bank P.2 lifesaving gift without your frivolous lawsuits. Annual Toy Drive P.2 support. 4. Speed up access to credit AA Christmas Pet Contest P.3 Thank you to everyone to worthy applicants. that donated and attempted to 2011 Awards Presentation P.3 donate blood. Hospitals and 5. Better solution for patients throughout Central obtaining documented proof- Foti Compliance P.3 Pennsylvania have benefited of-loan information about from your generosity. debtors. AA Kicks Off Biggest P.4 Loser Contest© 2009-2012 American Agencies. All Rights Reserved.®
  2. 2. American Agencies News January 2012 Volume 6 Issue 1 NRA Group, LLC d/b/a National UPCOMING EVENTS Recovery Agency and its subsidiary American Agencies have joined forces to donate February 29th - March 2nd a record breaking 1,096 Orlando Florida pounds of food to the CentralPennsylvania Food Bank – the most collected since the AA BIGGEST LOSERorganization started the food drive in 2004. January 6, 2012 - May 2012Steven C. Kusic, CEO, states: “I’m proud to lead a team of BLOOD DRIVEsuch giving individuals, and would like to thank them fortheir continued generosity to the public. It makes me proud January 17, 2012that so many people are willing to give in tough times and Paxton Street Officeare willing to put a smile on someone else’s face. You reallyget a true sense of appreciation.” January 26, 2012 Crossgate OfficeThe Central Pennsylvania Food Bank distributes more than15 million pounds of food and grocery products every yearto more than 500 soup kitchens, shelters, and food pantriesin 27 central Pennsylvania counties. These agencies directlyfeed thousands of hungry families throughout central OUR ADDRESS HASPennsylvania. CHANGED!!! Effective January 1, 2012,American Agencies’ Annual Toy Drive we have a new address.Is there anything more wonderful than giving a gift toa child who may not otherwise receive one? AmericanAgencies’ employees were asked to donate new, All processes shall use theunwrapped toys in support of this year’s toy drive. The following address:company and its employees so graciously donated thetoys needed to fill five chimney boxes full of toys thatwill be presented to deserving youngsters in Central American AgenciesPennsylvania who might otherwise not receive a single c/o P.O. Box 67015gift this Christmas. Harrisburg, PA 17112Thanks toeveryone whodonated thisyear! 2© 2009-2012 American Agencies. All Rights Reserved.®
  3. 3. American Agencies News January 2012 Volume 6 Issue 1 Christmas 2011 Awards Presentation pet photo contest Each year AA recognizes employees who2011 Pet Photo Contest: This year marks the have dedicated and committed themselvesfirst year for AA’s Christmas pet photo contest. in making the organization a success.Employees were asked to supply photos of theirpets. Employees were then allowed to vote on The “Star of the Year” award is awarded totheir favorite entry. the individual who received the most votes by their peers. Employees vote on specificHere are the top three winners of our 2011 Pet characteristics such as Professionalism,Photo Contest. A big thank you to everyone Work Ethics, and Company Loyalty, etc.who entered andcongratulations to the This year’s “Star of the Year” awardswinners! go to:WINNER Damon Ogden: Paxton Street OfficeRUDOLPH DOG Chris Bowen: Crossgate Office“PEANUT” Craig Andrus: American AgenciesOWNER: A. CHILLE Additional awards chosen by management and presented include:1ST RUNNER UPSANTA CAT – “BOWNITA”OWNER: E. GOODYEAR Team Player of the Year 2011: Biancha Tatum, Crossgates Office2ND RUNNER UP Andrew Schwalm, Paxton Street OfficeCANDY CANE STEALING DOG – “OT”OWNER: T. FEDULLO Community Caring Awards Trish Moritz - Toy DriveThank you to all who participated! Charlene Sarver – Blood Drive Tasey Leitzell - Food DriveCompliance AlertFDCPA Ruling in Favor of Collector Defines One Aspect of the defendants in the case Olivea Marxof “Communication” v. General Revenue Corporation (GRC).by Patrick Lunsford – insideARM.com – December 22, In doing so, the court found no violation2011 of the Fair Debt Collection Practices Act (FDCPA) and awarded costs to GRC in the A federal appeals court Wednesday published amount of $4,543.an opinion in favor of a debt collection agency The initial case was filed Octoberthat not only attempted to define a narrow aspect 2008 after the plaintiff defaulted on aof a “communication” under the FDCPA, but student loan assigned to GRC. Marxawarded costs to the ARM defendants. claimed that a fax sent to her workplace The United States Court of Appeals for the for the purpose of employment verificationTenth Circuit affirmed a lower court ruling in favor violated the FDCPA’s prohibition on third Continued to page © 2009-2012 American Agencies. All Rights Reserved.®
  4. 4. American Agencies News January 2012 Volume 6 Issue 1Continued from page party disclosure. GRC sent the fax inresponse to her employer’s request forverification in writing. A lower court found that theemployment verification did not violatethe FDCPA because it did not constitutethird party disclosure. In fact, “GRCdesigned the form precisely to avoid suchan implication,” wrote the court. Sinceunder the FDCPA, a “communication” isdefined as the “conveying of informationregarding a debt directly or indirectly toany person through any medium,” bothcourts found that the fax did not constitutea “communication.” The ruling could have broadimplications for ARM companies. The casedefined – or specifically, declined to define– a particular fax as a communication.So there is an opportunity for collectionagencies to use the fax as a template. Butthe case is limited in that a fax was beingused here, not a voice message. So the IT’S BACK!!!impact as it relates to Foti entanglementsis yet to be determined. AA BIGGEST LOSER CONTEST 2012 The case, does however, provide aclear path for winning costs from a plaintiffin a defendant victory. The question before the appellate WE’LL KICK IT OFF ONcourt was whether a defendant couldrecover costs should they prevail and JANUARY 6, 2012there is no finding that the case wasbrought in bad faith. There was never anallegation that Marx brought the case inbad faith, so GRC would not have been The AA Biggest Loser contest starts Januaryeligible to recover attorney’s fees. But 6, 2012. The contest will run 18 weeks andin exploring the FDCPA for costs, both prizes will be awarded to the individual whocourts determined that the language of loses the highest percentage of body weight!the FDCPA does not tie the awardingof attorney’s fees to the awarding ofcosts. Thus, GRC was awarded $4,543 in Who’s it going to be this year?costs and that decision was affirmed in Stay tuned for the results!!Wednesday’s ruling. The full opinion can be read on thecourt’s website. © 2009-2012 American Agencies. All Rights Reserved.®