1. Can you tell me about your background in the accounts receivable industry?

I started my career representing mortgage lenders and mortgage brokers in the late 1990’s. At the time, my practice focused on helping lenders and brokers comply with the myriad of state and federal laws which regulate their businesses across the country. I also defended those clients against civil actions brought against them by consumers, the government, and each other. These compliance and defense litigation skills applied nicely to the accounts receivable management industry.  

Soon enough, I began representing debt collectors, defending them against consumer litigation and helping them build compliance programs in their nationwide businesses. Since the early 2000s I’ve been representing debt collectors, debt buyers, creditors, and attorneys.

My practice looks similar today, except I spend a lot more of my time defending government investigations and civil litigation brought by state and federal regulatory agencies.

2. What made you decide to focus your practice in financial services and more specifically in the debt collection industry?

It was really by accident. Our law firm employed a paralegal who was related to the president of a local collection agency. One day she announced to the attorneys in the firm that her family member needed legal help at his business and inquired whether we could help. Although our firm was comfortable serving the mortgage industry and my practice kept me quite busy, I volunteered to help.  

I met the client at his office and that meeting served as a slight turn on my career path. My bosses encouraged me to join several industry trade groups. Soon, one client became two; two clients became four, and the rest is history. I’ve been representing debt collectors ever since.

3. What do you see as the biggest challenge(s) you and your clients have faced doing business during Covid19     

Covid19 has brought many challenges to our firm and to our clients, not the least of which include: managing a remote workforce, keeping up with law changes and executive orders across the country at the federal, state, and local level, managing client expectations, and reductions in business volume.

4. What recent cases or Supreme Court rulings stand out to you as most important for ARM professionals to pay attention to?

The two most significant cases decided by the United States Supreme Court in the last 12 months impacting the ARM industry the most are:  Seila Law LLC v. Consumer Fin. Prot. Bureau, 140 S. Ct. 2183 (2020) and Barr v. Am. Ass'n of Political Consultants, 140 S. Ct. 2335 (2020). At bottom, these cases emphasize the importance of our judicial branch of government, which is the very last protector of our individual liberties. 

When Congress oversteps its lawmaking authority, the only check against that unlawful behavior is our judiciary. These two cases confirm that Congress’ power to legislate is not unbounded and that we must ensure the appointment of judges to our federal judiciary who are willing to follow the law despite their own personal beliefs which might cause them to reach different conclusions about certain cases.

5. You talked in one of our past webinars with Joann Needleman on how agencies can use digital communications strategically. How do you see text and email changing the way debt collectors and consumers communicate in the time of coronavirus? Do you see potential for greater use in the coming year, with anticipated rise in delinquency?

Electronic communications between consumers and debt collectors are here to stay and provide benefits to consumers and collectors alike. Despite the government’s delay in addressing electronic communications in the collection industry, consumers are demanding this communication channel and collectors are obliging. As mobile technology reaches ubiquity in our society, consumers are finally beginning to receive the benefits of this better-faster-cheaper means of addressing their delinquent debts. 

My prediction is that electronic communication between debt collectors and consumers will become the primary channel(s) through which collectors and consumers communicate in the next few years, far outweighing the number of traditional letters and telephone calls made by debt collectors to consumers. Everyone in the marketplace benefits from these lower cost, higher contact communication channels.