The Kaplan Group Commercial Debt Collection Agency

Some Voicemails Aren't Communications Under FDCPA

wes — Tue, 15 May 2012 05:08:30 +0000

A recent article published on jdsupra.com explains that a judge in Minnesota ruled that a voicemail left for a debtor which did not identify the debtor or indicate the call was regarding a debt owed could not be considered a communication under the FDCPA and therefore the debt collector had not breached any laws protecting the disclosure of information regarding debt collection. The debtor who received the message in question filed suit against the collection agency after she lent her cell phone to her children and they heard the message, claiming the collection agency had violated her rights under the FDCPA by disclosing information regarding a debt to a third party.

This court ruling establishes a new definition of communication for debt collectors working under the FDCPA: if the debtor is not named and no information disclosing any debt owed, the message cannot be considered a communication. Because the debt collector in this case stated only his own name, the fact that he was a debt collector, and that he had an "important message" for the debtor, the court ruled he had not violated the FDCPA.

It is important for debt collection agencies who wish to provide the highest possible quality of service to their clients, such as The Kaplan Group, to maintain current knowledge of all debt collection legislature to ensure their debt collectors do not overstep any legal boundaries in their collection efforts.

CFPB Targetting Debt Collectors With New Regulation

wes — Thu, 10 May 2012 01:36:09 +0000

An article recently published on jdsupra.com called Cordray remarks and interview highlight CFPB focus on collection explains the remarks made recently by Director Cordray of the Consumer Financial Protection Bureau regarding the agency's focus on debt collectors. The article explains that the CFPB is focusing not only on banking institutions but also debt collectors because "over 30 million people are being pursued by debt collectors.”

Most of Cordray's comments focused on the need for improved documentation of unpaid accounts from original creditors, debt buyers and debt collection agencies; lack of proper documentation and proof that a debt is owed have lead to thousands of instances in which debt collectors have pursued debts that were already paid off or never owed in the first place.

Reputable collection agencies like The Kaplan Group ensure they always obtain documentation which proves a debt is owed before attempting to collect on it. Regulations are quickly evolving and it is important for debt collection agencies to ensure their debt collectors are regularly updated on what they can and cannot do.

Be Wary Of Illegal Collection Tactics

wes — Wed, 09 May 2012 06:26:48 +0000

A recent news report published on kdvr.com explains what debt collectors can and cannot do in their debt collection efforts. While this article refers mostly to regulations governing personal debts, and The Kaplan Group is a commercial collection agency that only handles business to business collections, most of these rules should also be applied to commercial debt collections. One tactic mentioned in the article that commercial collectors are also forbidden from using is making false threats to imprison or sue a debtor over the debt. It is illegal to make threats like these if the debtor does not intend to follow through on them.

The article also explains that debt collectors are never permitted to be abusive or use profane language in any communications with debtors. They are also forbidden from making threats or calling at unusual hours.

Student Debt And Why Collectors Should Care

wes — Tue, 08 May 2012 06:54:42 +0000

An article published today called Welcome to insideARM.com’s Big Issue: Student Loans explains the current state of student debts (which, in the last year, surpassed credit card debts in total debts owed) and what effects this debt has on the accounts receivable collections industry. Not only does this steadily-increasing mountain of debt mean more delinquent balances in the future, debt collectors attempting to collect these debts have become increasingly despised. As the article mentions, many influential media outlets have attacked student debt collectors, and the entire industry has been affected. Another key point to consider is that with student debt on the rise, this means many college graduates have less available income to put towards other expenditures (including other outstanding debts).

In today's rapidly-changing world, it is important for collection agencies to stay on top of what's going on in the accounts receivables industry. Agencies like The Kaplan Group maintain their professional level of service by always staying current on all developments that affect commercial debt collection.

Skipping Out On Debts Only Causes More Problems

wes — Mon, 07 May 2012 00:23:50 +0000

An article posted this morning called Ignoring debt will just make situation worse explains why it is not advisable for debtors to simply skip out on paying debts, assuming the charges will go away eventually. As the article's author explains, just because a debt has a statute of limitations making it illegal to bring people to court over debts that are a certain number of years old doesn't mean trying to tough it out until that statute expires is a wise choice. Repercussions for ignoring debts owed include large interest or late fees, liens on properties, wage garnishment and other unpleasant fines. If a business is unsuccessful in collecting unpaid debts through their own credit department, they often choose to turn the accounts over to collection agencies like The Kaplan Group. The debt collectors employed by these firms are trained to understand the laws and regulations governing the rights of debtors and are trained to apply pressure in the right ways to convince those intent on not paying a bill to make payments.

Georgia County Turns To Private Debt Collectors

wes — Fri, 04 May 2012 05:57:36 +0000

A recent article explains that Fulton County, the largest in Georgia, has recently joined a handful of other counties in the state that have partnered with private debt collection agencies in increase the successful collection rate on outstanding fines. The article also outlines a handful of regulations debtors should be aware of to protect them from abusive debt collectors. The author explains that collectors aren't allowed to call before 8 a.m. or after 9 p.m., and are forbidden from abusive or threatening correspondence with debtors. It is important for both debtors and debt collectors to fully understand the laws governing their type of debt collection, as commercial (business to business) and individual (those owed by individuals) debt collection are regulate very differently. Agencies like The Kaplan Group ensure their collectors are always fully trained in all regulations governing their debt collection efforts and never employ illegal or immoral collection methods.

Mercy Hospital Pledges Against Aggressive Collections

wes — Sat, 28 Apr 2012 00:24:15 +0000

An article posted today by the Maine Sunday Telegram explains that Mercy Hospital, a large regional healthcare system in Southern Maine, has pledged to employ a zero-tolerance policy for a new collection firm they have contracted this month. In a week with almost daily news articles about the debt collection scandal in Minnesota (where the Attorney General filed suit against collection agencies for illegally using patient data in collection efforts on unpaid medical bills), articles like this are important to show that not every debt collector employs illegal or unethical collection tactics, and creditors are taking a stand against illegal debt collection to help protect debtor rights. While illegal debt collection methods have never been as effective as legal and ethical efforts, articles highlighting the penalties levied against unethical collection agencies have helped make the message clear to agencies across the country: illegal debt collection is never acceptable and creditors are taking a stand against these methods. Reputable collection agencies like The Kaplan Group never employ illegal or unethical methods, knowing that debtors are far more likely to make payments without the use of abusive or unethical collection tactics.

Also, please check out today's newest article, the last in a six-article series about Debt Collectors and Fraudulent Companies. This final article explains what bankruptcy fraud is, and how this type of fraud can be detected when analyzing a potential new customer.
Below is a brief description of the article:
Most companies filing for bankruptcy are legitimately attempting to reorganize and get a fresh start, or in the worst case scenario, equitably distribute non-exempt assets to creditors who are owed money. Bankruptcy fraud occurs when a company utilizes the bankruptcy system to hide assets or otherwise conduct a scam where they end up debt free and Scott free. Debt collectors may be helpful if bankruptcy fraud occurs and the debtor disappears. Professional debt collectors know how to find debtors who do not want to be found, and how to motivate debtors to pay. This article will focus on bankruptcy fraud.

Fake Debt Collectors Scam Debtors Into Paying Debts

wes — Fri, 27 Apr 2012 03:42:25 +0000

An article posted recently called Fake collectors are trying to scare you into paying debts you don't owe explains the rise in recent years of fake debt collectors attempting to scare Americans into paying debts they don't owe. Just this year, federal authorities shut down two fake debt collection scams based in California, claiming they somehow gained access to loan application information for payday loans debtors applied for online and used that information to threaten and frighten debtors into making payments on their accounts. However, the payments they made weren't ever credited towards the bill as the "debt collectors" had no affiliation with the credit institutions which issued the loans. Scams like these make it very important for debtors to be wary of any debt collector that makes threats or is otherwise abusive, as this may be a sign that they aren't actually authorized to collect on the debt. This doesn't mean debtors should ignore debt collectors, but they should be wary of who they make payments to. Professional and reputable collection agencies, like The Kaplan Group, never make threats to debtors or otherwise harass them in efforts to collect debts. We here have found that legal and ethical collection efforts are normally far more effective than abusive debt collection tactics.

Also, please check out our newest article, the fifth in a six article series called Debt Collectors and Fraudulent Companies. This article explains how to detect fraudulent businesses that claim to be owned or a part of larger, well-known corporations in order to gain credibility.
Here's a brief description of the article:
Companies committing fraud can be very sophisticated in their scams and in their disappearing acts. Professional debt collectors are trained to sniff out debtors even when they have quietly left the scene of the crime. This is the fifth article in a series of six articles about the business of fraud. This article will focus on companies claiming to be part of a bigger entity and companies pretending to be a well known company you have heard of.

Collection Agency Sued For Illegal Patient Data Use

wes — Thu, 26 Apr 2012 04:51:18 +0000

An article published today called AG: Fairview debt collector illegally used patient data explains that the Minnesota Attorney General has filed suit against a collection agency collecting on behalf of hospitals in the state. The lawsuit claims the collection agency gained access to, and later used in collections, detailed patient information that by law they are prohibited from using in collection efforts. Articles like this highlight the importance of understanding laws and regulations governing collection efforts before beginning any collection effort. Agencies must constantly update their debt collectors on changes in collection legislation, and maintain a zero-tolerance policy with their debt collectors to ensure collection laws are not broken. The Kaplan Group, a commercial collection agency, ensures no laws are ever broken by our debt collectors while ensuring enough pressure is applied to debtors.

Also, please check out our newest article, the fourth in a six article series called Debt Collectors and Fraudulent Companies. This article explains how to determine if a potential new customer is fraudulent or not through their business location, and also explains a scam called the unsolicited order scam.

Below is a brief description of the article:
In the complex business world of today, there are unsavory customers out there intending to defraud legitimate companies. If a company has been scammed, debt collectors can definitely be of help in tracking down the scammer and pursuing payment for the outstanding debt. This is the fourth article in a six part series about the business of fraud. This article will focus on the unsolicited order scam as well as identifying fraudulent businesses through suspicious locations.

States Regulate Debt Collection Efforts By Hospitals

wes — Wed, 25 Apr 2012 06:38:18 +0000

An article called 14 states regulate collections; not N.C. explains the limitations and restrictions some states have placed on debt collection by hospitals or agencies working on their behalf. The article explains that in California, hospitals are not allowed to seize the wages of patients or place liens on their primary residence, while in North Dakota the only limitation is that hospitals can charge no more than $25 per month in interest fees on late payments. This article highlights the fact that collection agencies must be sure their debt collectors are aware of the regulations that apply to their collection efforts, and that they understand the different regulations in various states. Here at The Kaplan Group, we have clients from across the country and our collectors pursue debtors in every state and even abroad. We make sure our collectors are always current in their knowledge of debt collection legislation and require all of our employees to work within the law in every collection effort. Over twenty years of experience have shown that this is the most efficient and effective collection method.

Also, please check out our newest article, the third in a six article series on Debt Collectors and Fraudulent Companies. This article explains ways for businesses to identify a fraudulent company before extending credit to them by analyzing their financial statements.
Below is a brief description of the article:
When a company is considering extending credit to a potential new customer, careful credit and financial statement analyses are paramount. Even with careful examination, however, sometimes a customer will become delinquent and debt collectors might be called in to collect. This is the third article in a six part series of articles about the business of fraud. This article will focus on how to identify a fraudulent company by its credit references and financial statements.