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January 2012
- 1. NEWSLETTER
VOLUME 6, ISSUE January 202
Five Consecutive Years
The Season of Giving: American Agencies (AA) contributes to a number of local
charities during the 2011 holiday season.
Every Drop Helps... The Holiday Wish List For To obtain a full copy of the
Collectors article by David Ingram,
American Agencies’ please visit: http://www.
recent blood drive Collections Credit Risk | Friday, collectionscreditrisk.com/
is a success. December 16, 2011 news/the-holiday-wish-list-for-
By David Ingram collectors-3008879-1.html
On November 8, 2011, 39
individuals registered to donate In a recent article published by * Thanks to Bill Barnshaw of
blood at our Paxton Street Collections Credit Risk, we MRS Associates, Inc.; Steve
office. 21 pints of blood were discover what is on the wish Kusic of National Recovery
collected. list of collectors throughout the Agency; Nick Machol of Machol
nation. Johannes; and Matthew
On November 10, 2011, Maloney of First Financial Asset
15 individuals registered to The following five desires are Management for their holiday
donate blood at our Crossgate identified as important topics wish list contributions.
Drive office. 10 pints of blood as we move into the upcoming
were collected. 2012 year. David Ingram is Senior
Marketing Director at Experian.
Each year, the Central 1. A friend at the Consumer
Financial Protection Bureau,
Pennsylvania Blood Bank
uses 85,000 pints of blood to or CFPB. Inside this issue:
support the hospitals of Central
Pennsylvania. Every single 2. Ability to communicate Blood Drive P.1
pint of blood that is collected with debtors using the The Holiday Wish List P.1
is a result of volunteer donors. technology they prefer. For Collectors
There is simply no way the
Blood Bank can provide this 3. Regulatory reform to curb Food Bank P.2
lifesaving gift without your frivolous lawsuits. Annual Toy Drive P.2
support.
4. Speed up access to credit AA Christmas Pet Contest P.3
Thank you to everyone to worthy applicants.
that donated and attempted to 2011 Awards Presentation P.3
donate blood. Hospitals and 5. Better solution for
patients throughout Central obtaining documented proof- Foti Compliance P.3
Pennsylvania have benefited of-loan information about
from your generosity. debtors. AA Kicks Off Biggest P.4
Loser Contest
© 2009-2012 American Agencies. All Rights Reserved.®
- 2. American Agencies News
January 2012 Volume 6 Issue 1
NRA Group, LLC d/b/a National UPCOMING EVENTS
Recovery Agency and its
subsidiary American Agencies
have joined forces to donate February 29th - March 2nd
a record breaking 1,096
Orlando Florida
pounds of food to the Central
Pennsylvania Food Bank – the most collected since the AA BIGGEST LOSER
organization started the food drive in 2004. January 6, 2012 - May 2012
Steven C. Kusic, CEO, states: “I’m proud to lead a team of
BLOOD DRIVE
such giving individuals, and would like to thank them for
their continued generosity to the public. It makes me proud January 17, 2012
that so many people are willing to give in tough times and Paxton Street Office
are willing to put a smile on someone else’s face. You really
get a true sense of appreciation.” January 26, 2012
Crossgate Office
The Central Pennsylvania Food Bank distributes more than
15 million pounds of food and grocery products every year
to more than 500 soup kitchens, shelters, and food pantries
in 27 central Pennsylvania counties. These agencies directly
feed thousands of hungry families throughout central OUR ADDRESS HAS
Pennsylvania.
CHANGED!!!
Effective January 1, 2012,
American Agencies’ Annual Toy Drive
we have a new address.
Is there anything more wonderful than giving a gift to
a child who may not otherwise receive one? American
Agencies’ employees were asked to donate new, All processes shall use the
unwrapped toys in support of this year’s toy drive. The following address:
company and its employees so graciously donated the
toys needed to fill five chimney boxes full of toys that
will be presented to deserving youngsters in Central
American Agencies
Pennsylvania who might otherwise not receive a single c/o P.O. Box 67015
gift this Christmas. Harrisburg, PA 17112
Thanks to
everyone who
donated this
year!
2
© 2009-2012 American Agencies. All Rights Reserved.®
- 3. American Agencies News
January 2012 Volume 6 Issue 1
Christmas 2011 Awards Presentation
pet photo contest
Each year AA recognizes employees who
2011 Pet Photo Contest: This year marks the have dedicated and committed themselves
first year for AA’s Christmas pet photo contest. in making the organization a success.
Employees were asked to supply photos of their
pets. Employees were then allowed to vote on The “Star of the Year” award is awarded to
their favorite entry. the individual who received the most votes
by their peers. Employees vote on specific
Here are the top three winners of our 2011 Pet characteristics such as Professionalism,
Photo Contest. A big thank you to everyone Work Ethics, and Company Loyalty, etc.
who entered and
congratulations to the This year’s “Star of the Year” awards
winners! go to:
WINNER Damon Ogden: Paxton Street Office
RUDOLPH DOG Chris Bowen: Crossgate Office
“PEANUT” Craig Andrus: American Agencies
OWNER: A. CHILLE Additional awards chosen by management
and presented include:
1ST RUNNER UP
SANTA CAT – “BOWNITA”
OWNER: E. GOODYEAR Team Player of the Year 2011:
Biancha Tatum, Crossgates Office
2ND RUNNER UP Andrew Schwalm, Paxton Street Office
CANDY CANE STEALING DOG – “OT”
OWNER: T. FEDULLO Community Caring Awards
Trish Moritz - Toy Drive
Thank you to all who participated! Charlene Sarver – Blood Drive
Tasey Leitzell - Food Drive
Compliance Alert
FDCPA Ruling in Favor of Collector Defines One Aspect of the defendants in the case Olivea Marx
of “Communication” v. General Revenue Corporation (GRC).
by Patrick Lunsford – insideARM.com – December 22, In doing so, the court found no violation
2011 of the Fair Debt Collection Practices Act
(FDCPA) and awarded costs to GRC in the
A federal appeals court Wednesday published amount of $4,543.
an opinion in favor of a debt collection agency The initial case was filed October
that not only attempted to define a narrow aspect 2008 after the plaintiff defaulted on a
of a “communication” under the FDCPA, but student loan assigned to GRC. Marx
awarded costs to the ARM defendants. claimed that a fax sent to her workplace
The United States Court of Appeals for the for the purpose of employment verification
Tenth Circuit affirmed a lower court ruling in favor violated the FDCPA’s prohibition on third
Continued to page
© 2009-2012 American Agencies. All Rights Reserved.®
- 4. American Agencies News
January 2012 Volume 6 Issue 1
Continued from page
party disclosure. GRC sent the fax in
response to her employer’s request for
verification in writing.
A lower court found that the
employment verification did not violate
the FDCPA because it did not constitute
third party disclosure. In fact, “GRC
designed the form precisely to avoid such
an implication,” wrote the court. Since
under the FDCPA, a “communication” is
defined as the “conveying of information
regarding a debt directly or indirectly to
any person through any medium,” both
courts found that the fax did not constitute
a “communication.”
The ruling could have broad
implications for ARM companies. The case
defined – or specifically, declined to define
– a particular fax as a communication.
So there is an opportunity for collection
agencies to use the fax as a template. But
the case is limited in that a fax was being
used here, not a voice message. So the IT’S BACK!!!
impact as it relates to Foti entanglements
is yet to be determined.
AA BIGGEST LOSER CONTEST 2012
The case, does however, provide a
clear path for winning costs from a plaintiff
in a defendant victory.
The question before the appellate WE’LL KICK IT OFF ON
court was whether a defendant could
recover costs should they prevail and JANUARY 6, 2012
there is no finding that the case was
brought in bad faith. There was never an
allegation that Marx brought the case in
bad faith, so GRC would not have been The AA Biggest Loser contest starts January
eligible to recover attorney’s fees. But 6, 2012. The contest will run 18 weeks and
in exploring the FDCPA for costs, both prizes will be awarded to the individual who
courts determined that the language of loses the highest percentage of body weight!
the FDCPA does not tie the awarding
of attorney’s fees to the awarding of
costs. Thus, GRC was awarded $4,543 in Who’s it going to be this year?
costs and that decision was affirmed in Stay tuned for the results!!
Wednesday’s ruling.
The full opinion can be read on the
court’s website.
© 2009-2012 American Agencies. All Rights Reserved.®