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Notes on Compliance in Collections

The Telephone Consumer Protection Act is an important part of helping consumers. But for companies that choose to perform their own collections versus outsourcing, it can be tough to keep up with it and other laws as our communication methods change.

If your company does its own collections, here are some important tips for compliance. (Please note that these are just a few things to remember. This is not to be considered legal advice.)

Get Consent – This is one of the most important things you can do. Consent forms must be part of your registration process to increase your collection rights. Check out this sample notice to include in your forms.

Confirm Identity – A name isn’t enough. Anyone can say, “Yes, this is she.” Be sure to verify additional identifiers, such as the last four digits of the person’s Social Security number or his/her date of birth.

Update Records – Once someone hires an attorney, you can only speak to an attorney. Be sure to update your records so you aren’t calling someone you’re not supposed to.

Recording Rules – If you are recording the call, you have to make them aware of that up front.

Legal Review – Any letters PRC sends out are reviewed by an attorney to make sure they conform to any laws, old and new. You should ensure your letters conform to the same standards.

Keeping track of the compliance rules is not easy, which is why we’re happy to help manage your collections. Our Agency is PPMS certified by the Association of Credit and Collection Professionals (ACA). This special certification is held by only 2 percent of debt collection agencies, and recognizes a company’s commitment to and execution of compliance with the law.

Learn more on our FAQ page.