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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.®
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.®
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.®
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.®

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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.®