Ovaile Law Group has had a unique opportunity to build a business compliance program within the collections industry. As the founder of Ovaile Law Group, Tricia began working with the collections industry in 2004. This experience has continued since that time, and consists of providing compliance counsel to numerous collection agencies and creditor clients; continued participation in many facets of ACA International, including being a member, and a certified CNR Letter Review and MAP Attorney; and serving as an outsourced in-house counsel for numerous collection industry clients, large and small.
The Fair Debt Collections Practices Act (“FDCPA”), the Fair Credit Reporting Act (“FCRA”) and the other federal collection laws require collection agencies to adhere to a strong set of requirements. Without considering compliance, you could find yourself in violation of the strict requirements of any of these laws. Costly lawsuits are a waste of money when you could first look at compliance to avoid them altogether.
The Proactive Approach
Much like an IP audit for intellectual property, collections compliance is taken in steps. The first step is identifying where your business needs to strengthen its compliance, whether it be a review of your collection letters, understanding whether your first party compliance is actually first party and not a debt in default or training your employees about how to handle prevalent issues like the Telephone Consumer Protection Act (“TCPA”).
Upon identifying the areas that need focus, a review of the existing structure is conducted. This review establishes what you are currently doing and why. Sometimes procedures are implemented that incorporate a misundstood or changed law. If the current structure is not compliant, a new structure will be developed that considers your business needs and your level of risk management. This area of law requires flexibility and understanding in an everchanging area of law.
Ovaile Law Group can take each piece of your compliance individually or we can provide the concept of an outsourced in-house attorney that is available to handle your daily needs on a smaller scale at over half the price. Many structures are available to help you with your needs. Call us at 612-326- 9733 to discuss how we can tailor our services to your business’s needs.