Spring 2013.pdf - ACA of Texas

44 Pages·2013·11.21 MB·English

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ACA OF TEXAS
ASSOCIATE
MEMBER
REVSPRING IS CREATED THROUGH THE MERGER OF:
table of contents
features
From Paul’s Desk: Sales Tips ..............................................................................9
Paul Morrow
M&A Update ..................................................................................................11
Greenberg Advisors
When Things Go Right ...................................................................................15
Mary Jo Asmus
Employment Law ............................................................................................16
Michael Kelsheimer
New HIPAA Rules ..........................................................................................20
ACA International is your One-Stop Compliance Resource ...........................23
Pat Morris
Legislative Summit Pictures ........................................................................30-31
66th ACA of Texas Annual Conference & CFPB Seminar Announcements .......32-33
departments
President’s Letter ...........................................................................................5
Executive Director’s Comments ....................................................................7
Legislative Update .......................................................................................19
CollectPAC ..................................................................................................35
Professional Development ...........................................................................37
Index to Advertisers .....................................................................................42
Cover Photo: The 2013 ACA of Texas Legislative Summit, in terms of legislator contacts, was a resounding
success,” said President Greg Mason. See more pictures on page 30.
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ACA OF TEXAS
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from the president
It’s hard to believe that I’m already writing my third ACA President’s column. In my previous columns,
I’ve raised the question that asked if you’ve ever wondered if the cost of your ACA membership is
PRESIDENT outweighed by the benefits your company receives from your membership. And if you haven’t yet become
Greg Mason 100% positive that the benefits of an ACA membership outweigh the cost of your membership, I ask
President
you to please read further to learn about a significant benefit you may not even know you received.
Service Bureau, Inc.
2705 81st Street
Lubbock, TX 79423 Our Association’s legislative summit was held on April 1sta and 2nd and was attended by 25 people from
[email protected] 20 member companies. These members paid their own expenses and gave of their time to participate
in our efforts to build rapport and goodwill with legislators. We personally met with legislators and/
PRESIDENT-ELECT or their staff to give them a few public relations handouts, to remind them that we already have a
Mike Ryalls registration system in place since we submit our surety bond to the state, and to also emphasize that
President our Association is working continually at self-regulation, in order to help eliminate the rogue agencies
RGS Financial, Inc.
that are giving the entire industry a bad reputation. Small efforts
1700 Jay Ell Drive, Suite 200
like this make a big impact in terms of staving off new legislation
Richardson, TX 75081
[email protected] that could impose additional registration and regulations for our
industry. Those efforts seem benign and may not be enough to tilt
VICE PRESIDENT the scale regarding the value of membership, so please ask yourself
Jeff Hurt the following question:
President
Southwest Credit Services “Do you or any of your clients use an auto-dialer, or are you or any
4120 International Parkway, Suite 1100
of your clients considering using an auto-dialer?”
Carrollton, TX 75007
[email protected]
If you answered yes, then whether you realize it or not, your
TREASURER membership just paid for itself several times over as a result of the
Ron Nunley ACA of Texas Legislative Summit.
President
Certified Recovery Systems, Inc. One piece of legislation the ACA of Texas has been following closely is an auto-dialer related bill that
6161 Savoy Drive, Suite 600 was introduced by a very pro-business Senator. The Association’s position has been that the bill included
Houston, TX 77036
vague wording that would create unintended consequences, which therefore would significantly restrict
[email protected]
the use of auto-dialers. For example, as written, the bill would have prohibited any business from using
an auto-dialer to confirm appointments by having the consumer press 1 to confirm the appointment.
PAST PRESIDENT
This bill was not industry specific, and it would have restricted any business from using an auto-dialer
Bruce Cummings
President in any manner that required the person being called to perform any action.
Gila Corporation
8325 Tuscany Way, Bldg. 4 Four members of the ACA of Texas met with the Senator’s staff, even though none were constituents
Austin, TX 78754 of the Senator. And in a ten minute meeting, we learned the Senator did not intend for the bill to be
[email protected]
so restrictive. And as a result, the Senator was very interested in our suggestions about how his bill
could be reworded to eliminate the vague terminology and the unintended consequences. And as of
NATIONAL DELEGATES
this printing, the bill is being revised by the Senator’s staff so it can be resubmitted to the committee
Rick Goforth, San Antonio (2010-2013)
for a hearing as a substitute (revised) bill. This real-world example proves the importance of being an
Mike Cramer-Arlington (2010-2013)
Vic C. York-Houston (2011-2014) involved member, because legislative involvement by our members just made a big difference for our
Stephanie Rifenberg, Amarillo (2011-2014) industry.
STATE DIRECTORS So, please take advantage of the next opportunity to be involved with our Association by attending
Carrie Finney-Carrollton (2010-2013) our annual conference in Houston, this September 23rd – September 25th. We are focusing the
Steve Whigham, Round Rock (2010-2013) educational portion of the conference on the latest developments and requirements of the CFPB,
Ken Bone, Carrollton (2011-2014)
because we’ve already seen an instance of a small agency getting audited by the CFPB as a result of the
Tim Britt, Arlington (2011-2014)
agency’s client being audited by the CFPB. So basically, matters related to the CFPB are applicable
Andrew Marancik-Houston (2012-2015)
Russ Jakubowski (2012-2015) to us all. Therefore, ACA of Texas will be hosting the ACA International seminar, “How to Prepare
Your Compliance Program for the CFPB” in conjunction with our Annual Conference in Houston
EXECUTIVE DIRECTOR in September (for more information see page 33). This seminar was first introduced in January of
Thomas G. Morgan this year and is continually being updated as new information becomes available on the CFPB. Make
18604 Interstate 20 West your plans to be there.
Lindale, TX 75771
512-458-8666 Respectfully,
[email protected]
Greg Mason
ACA of Texas President
Spring 2013 Southwest Collector Connector 5
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ACA OF TEXAS
ASSOCIATE
MEMBER
executive director’s comments
We’re Almost There…..
Do you know where your “there” is? Is it a vacation destination? Grandma’s house? The bathroom maybe? For some of us
“seasoned” folks we like to keep some of our “theres” close by.
For our association, we too have our “theres”. Very soon we will be almost “there”, as the Legislature is just about a month away
from wrapping up the current session. In all honesty, not too much of major significance for our industry has occurred – yet.
So, we continue to monitor bills, listen to testimony and for the most part expect that the majority of bills that were filed early
in the session will just fade away.
As I write this, a licensing bill has come and gone (pulled down by its author). There is another bill that would impede our usage
of ADADs but it has not yet made it out of committee and I suspect that a number of other industries besides us just did not
like that bill (we are still watching closely, however). There has also been a general assortment of bills affecting various aspects of
managing your business; work comp, employment law, healthcare, etc. All together, we have been monitoring over 100 bills.
We had a very successful (and fruitful) Legislative Summit. Lots of good visits were made at the Capitol. Plus, there were some
good hallway ‘meetings’ as well. Thanks to all who made the extra effort to make the Summit a success.
We’re almost “there” with respect to the ACA International Convention in San Diego in July. Our own Tom Stockton will
relinquish the Presidency, turning it over to Leslie Bender. I am pretty sure that Tom will not be “riding off into the sunset”
but will continue to give of his time, talent and resources to continue the job of making ACA International the premier trade
association for the credit and collection industry. If you can possibly be “there” in San Diego to celebrate with Tom, please do
so.
Another “there” that all members should/need to put on their calendar is our 66th Annual Conference and Exposition in
Houston at the Sheraton Brookhollow, September 23-25 (see page 32 for more on the conference). The program will primarily
focus on the CFPB and legal compliance. To that end, ACA of Texas will be hosting the ACA seminar, “How to Prepare Your
Compliance Program for the CFPB” (see page 33 for more information). The Conference Committee is working on finalizing
an outstanding lineup of speakers and timely topics. You will definitely want to be “there!”
Inside this issue “there” is something for everyone. Check out the pictures from the Legislative Summit. Learn about the pros
and cons of providing references for former employees. We’ve got sales tips, M&A activity information from Greenberg Advisors,
information on HIPAA rules changes, plus much more. Let’s not forget the informative ads from our loyal and supportive
Associate Members, if you need what they are offering, check them out.
There, I am almost “there”, the end of the column!
As always, thank you for allowing me the privilege to serve as your Executive Director. If I can assist you in any way, please do
not hesitate to give me a call or send me an email.
Sincerely,
Tom Morgan,
Executive Director
Spring 2013 Southwest Collector Connector 7
6354-11ACA 12x18 A3
from the president
PRESIDENT It’s HOT in Texas!
Jack Fischer
Vice President
Medical Debt Management Holy Smokes, as if the economy isn’t enough of a hot button issue, we folks in Texas sure have
1345 Valwood Pkwy., Suite 311 had our fair share of the heat! Deer feeders have become known as Orville Redenbacher’s!
Carrollton, TX 75006
Frogs are jumping into the frying pan to cool down. In retrospect, as I write this, my final letter
[email protected]
to the membership as the President, I can’t but feel extremely
PRESIDENT-ELECT proud of the cool, calm and composed posture that we have
Bruce Cummings
displayed this past year.
President
Gila Corporation
6505 Airport Blvd., Suite 100 ACA’s 72nd Convention & Expo in Dallas just concluded and
Austin, TX 78752
it was a very timely conference. This past year we have seen
[email protected]
many challenges for those we have chosen to represent us. I do
VICE PRESIDENT
believe the national leadership installed in Dallas is one of the
Greg Mason
President strongest we have seen in years. It is a formidable team that will
Service Bureau, Inc. lead our industry in the many battles that lie ahead.
2705 81st Street
Lubbock, TX 79423
[email protected] It was great to see so many of you at the convention in Dallas.
ACA OF TEXAS
In spite of the heat of the current industry, (and the air outside) not once did I hear a member
ASSOCIATE TREASURER
lament or complain. What I heard was ‘reinvention’, ‘retool’ and ‘re-stake’. Everyone was
Mike Ryalls
MEMBER President/CEO thinking about what had to be done, and when, and how. That is what has always made
RGS Financial, Inc.
ACA of Texas stand above the rest, as attested by our Unit being awarded the Certificate of
1700 Jay Ell Drive, Suite 200
Richardson. TX 75081 Excellence this past year.
[email protected]
It has been a busy year. Our Legislative Summit, for all intents and purposes, was successful.
PAST PRESIDENT
Michael J. Cramer Our hosting of the ACA Convention put our Unit out front. My thanks to all who volunteered
President their time to man our booth and act as ambassadors to the other attendees. And, we have our
Dyck O’Neal, Inc.
own annual conference coming up on September 29th in lovely San Antonio once more. Yet
P.O. Box 13370
Arlington, TX 76094 again, Tom Morgan has put together an excellent package for San Antonio, and I strongly urge
[email protected]
every member to attend. As I said, in talking with others, I found a steely determination to
NATIONAL DIRECTORS rise above and overcome the current climate we face. Attending our conference in September
Vic C. York-Houston (2008-20011) will allow each of us to interact, network, etc., and help all of us determine our respective
Terry Wunsch-Houston (2008-2011)
companies’ path as we move into the future.
Loraine Lyons-Houston (2010-2013)
Mike Cramer-Arlington (2010-2013)
In San Antonio, I will pass the gavel on to Bruce Cummings, whose able hands and focus will
STATE DIRECTORS
once again lead our Unit forward and maintain our stellar reputation. In this my last letter, I
Jeff Hurt-Plano (2008-2011)
Julie Goforth-Osantowski (2008-2011) must extend my most humble and sincere gratitude to Tom Morgan, the Board of Directors,
Andrew Marancik-Houston (2010-2012)
our Unit Leaders, and the many Past-Presidents, all who have made my tenure as President
Mike Stark-Dallas (2009-2012)
Carrie Finney-Carrollton (2010-2013) an experience that I am extremely proud of.
Ron Nunley-Houston (2010-2013)
Call me biased, but the folks in our unit are the best, hands down!!! Simply put…
EXECUTIVE DIRECTOR
Thomas G. Morgan You Guys Are Hot!!
18604 Interstate 20 West
Lindale, TX 75771
Regards,
512-458-8666
[email protected] Jack Fischer
Summer 2011 Southwest Collector Connector 5
Sales Tips
From Paul’s Desk
Seven Steps to a Successful Close (Part 1)
By Paul Morrow
Several years ago, I outlined the seven steps in the sales process overview of your agency, so be prepared to provide general
that I believe are normally needed to close a sale. All of them information about your agency such as length of time in
are not mandatory; however, following these steps will lead to a business, ownership, locations, types of clients, and number
higher number of new clients over time. In this article, I review of employees. Include comments that illustrate your agency’s
the first three steps and follow up in my next article with the credibility; however, do not go into the specifics of your
final four steps. infrastructure at this time unless it is mandatory. Save this
information for the proposal stage, when you can present your
1. RESEARCH AND PREPARATION infrastructure values as meeting the prospect’s specific needs.

Using the Internet, you can uncover an abundance of 3. QUESTIONING
information about your prospects, including the following:
At this stage, you will determine how your services will benefit
• Organization charts to identify the decision makers your prospect.
• Size of prospects in terms of number of beds, doctors,
students, or outstanding receivable dollars Besides establishing the background of the accounts themselves,
• News items indicating current situations of the such as average balance, you also want to determine how the
prospect organization prospect’s decision process works, that is, how many staff
members participate in making decisions, whether an RFP is
The sole purpose of your first call to any prospect is to get that part of the process, and who is involved at each stage.
prospect to allow you to set up a meeting, and you should
prepare your opening remarks with that goal in mind. The more concern you show for the prospect’s situation rather
than focusing on you or your company, the more trust and
Before the first meeting, decide what questions you need rapport you will build into a relationship.
answered for this particular prospect to ensure you have all of
the necessary information to make an effective presentation. Do not assume that you have all of the information needed for
You want to show how your services can best benefit this a good presentation; instead, keep probing for those issues that
prospect. If a prospect is located near one of your clients, you can best address for the prospect.
then a prospect in the same industry should recognize the
name. You can open your cold call with a reference to this Listen carefully, maintain good eye contact, and confirm your
client and explain some benefit the client realized through understanding of the answers by using a closed question that
the use of your agency. Remember, you have only about 20 requires a yes or no answer. The prospect should be doing 80
to 30 seconds on a cold call to grab the prospect’s attention percent or more of the talking at this time. Also, once you ask a
and motivate that person to want to talk further with you. question, do not interrupt while the prospect is answering.

2. INTRODUCTION Do not try to sell your services until all of your questions have
been answered. Keep in mind that you are trying to determine
You should open the meeting with a smile, displaying confidence how your services will benefit the prospect and what the
and showing that you are well prepared. Commenting on prospect’s buying motives will be for your services.
something you might have in common with this person will
break the ice. Reintroduce yourself, your company, and the This step helps set the stage for your buyer to decide that
services you intend to discuss. you have solutions for his organization. Find out what your
prospects expect from an agency by asking what they look for
Inquire whether your prospect has time constraints for the in a good agency, and try to determine why they dropped a
meeting, and explain that the purpose of the meeting is to particular agency in the past. Remember, 70 percent of agencies
determine whether you have a service to improve the cash flow lose business because of poor service.
for this prospect.
This article is by Paul Morrow, sales consultant to the collection
Ask permission to take notes, and suggest that you would industry. If you would like to discuss any subject with Paul, please
like to ask a few questions to review the prospect’s current contact him at 215-643-4282 or [email protected].
receivables situation. The prospect might also want a brief
Spring 2013 Southwest Collector Connector 9
ACA OF TEXAS
ASSOCIATE
MEMBER