In January IACC gathered for the first time ever virtually for our Annual Convention! About 88 attendees, sponsors and staff participated in the two day event that included educational sessions and a virtual happy hour. We had International attendees from 6 different countries including Bahrain, Canada, Germany, India, Netherlands and United Kingdom attend.

The educational programming at this year’s Convention proved to be popular topics with exciting participation and discussion from the audience throughout the event. Many attendees had positive comments throughout the meeting and found that there was something they gained from each session. Keynote Speaker Jack Stahlmann started off the event with his entertaining presentation, The Intangible It.Throughout the two days this year’s session topics

included collection techniques during COVID-19, technology options for the modern day collections, and the ever popular Hot Topics where we discussed different topics from pivoting to work from home operations to legislative work and future advocacy efforts for the collection industry.

Closing out the two day virtual convention was the optional Happy Hour where attendees had the chance to connect with our Gold Level Sponsors and enjoy a drink together while catching up and chatting about

Published by the International

Association of Commercial

Collectors, Inc.

Vol. 53, No. 1

w w w. c o m m e r c i a l c o l l e c t o r. c o mSSCOPECOPE

IACC 2021 Virtual Annual Convention Recap -Starting 2021 off on a high note!

2021 Virtual Annual Convention

This has been great! Love the passion!!

Looking forward to the Happy Hour :)

what the good things were that came out of 2020.

Overall IACC is extremely grateful for our dedicated and passionate members and we could not have asked for a better turn out for our 2021 Virtual Annual Convention. Later this year IACC is planning on seeing everyone face-to-face for our Mid-Year Conference on July 26-28th, in Las Vegas, NV at Caesars Palace. Mark your calendars and keep an eye out for more information as we get closer to the date!

Keynote speaker Jack Stahlmann presenting The Intangible It

- Denise Cross, Convention Attendee

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Letter from the Continuing PresidentBy Tony Terry, IACC President

PRESIDENT’S LETTEROFFICERS Tony TerryPresidentContinental Recovery & Filing SolutionsSimi Valley, Calif.

Brad LohnerVice PresidentPriority Credit RecoveryEdmonton, AB, Canada

Bill MannImmediate Past PresidentJoseph, Mann & CreedTwinsburg, Ohio

Jim McConvilleTreasurerWindham Professionals, Inc.Fair Lawn N.J.

DIRECTORSWanda BorgesBorges & AssociatesSyossett, N.Y.

Greg CohenCaine & WeinerSherman Oaks, Calif.

Randy FrazeeBARR Credit ServicesTucson, Ariz.

Thomas HamiltonAmerican Lawyers QuarterlyCleveland, Ohio

Valerie IngoldCommercial Collection Corp of NYTonawanda, N.Y.

Ronald StiegelEuler Hermes Collections North AmericaOwings Mills, Md.

Robert TharnishABC-Amega, Inc.Buffalo, N.Y.

Lee VandenHuevelRoss, Stuart & Dawson, Inc. Auburn Hills, Mich.

EMERGING LEADERS HONORARY BOARD MEMBERJasim DarwishEpic Credit RecoveriesManamaBahrain

Greetings everyone,

I hope all of you are off to a strong start to 2021. I’m sure like me, many of you are glad to have 2020 in the rear view mirror.

Thank you to those of you who were able to attend the IACC’s first virtual Annual Conference January 20th and 21st. I must say I was pleasantly surprised how well the conference went. Thank you to all of the sponsors, speakers, meetings and education committees, attendees and especially the IACC staff for pulling off a great event. From the Key Note speaker, the educational sessions, to the Happy Hour to close the conference, it was well done from top to bottom.

If you were a member of one of IACC’s committees in 2020, you are aware that given the COVID-19 pandemic, many of our committees paused their work last year allowing members to focus on their respective businesses. Those committees will remain intact for 2021 and resume their volunteer work on behalf of IACC.

With the change in administration in Washington and the continuing pandemic, we believe the threat of legislation damaging to the industry and our membership remains present. IACC proactively sent letters to law makers last spring to oppose legislation being brought forward at that time, in an effort to educate congress of the negative effect it could have on our industry. We are currently taking steps to refresh those efforts in addition to supporting the CLLA’s advocacy efforts in Washington on behalf of the industry.

As a reminder, the IACC continues to provide resources, guidance and advocacy efforts on behalf of our valued membership. Those resources can be found on the IACC home page at commercialcollector.com.

The mid-year conference scheduled for

July 26th-28th at Caesars Palace in Las Vegas is still on the calendar. With virus numbers declining we remain hopeful, that trend will continue and a vaccine will be available to everyone who wants one before then. In the meantime, we will continue to monitor the environment in Las Vegas and the virus protocols the hotel has in place to protect our members.

Well that’s all I have for now. Thank you to the IACC Support Team, the Board of Directors and all of you who serve on our committees.

Best wishes to you, your employees and families. Stay safe and I hope to see you soon!

Sincerely,Tony TerryIACC President

IACC 2021 Diamond Sponsors

Thank You

www.appliedinnovationinc.com

www.unitedfieldchase.com

bcpartners-llc.com

2

A Special Thank You to our Sponsors!

Diamond Level

Gold Level

Silver Level

2021 Virtual Annual Convention - Sponsor Thank You

3

Bronze Level

2021 Virtual Annual Convention - Sponsor Thank You ... continued from page 3

A Special Thank You to our 2021 Convention Sponsors!

IACC extend a special thank you to our 2021 Annual Convention Sponsors. We could not have had a successful event with out the continued dedication and

support of all our sponsors.

4

A ttendees & staff enjoyed two days full of great conversation and discussion with our content experts who were willing to give their knowledge and time to present

for IACC. IACC is extremely grateful for our speakers time and expertise to help make a great event. *Photos are in order of listed names..

Knowledge from the Experts!2021 Virtual Annual Convention - Speaker Thank You

• Jack Stahlman, keynote speaker, presented The Intangible It

• Sandra Long presented Leaders Are Never Silent About Hard Things

• Joe Batie, John Chotowski, Todd Gurstel, George Kern presented Collection Techniques During COVID- 19

• Dennis Barton, Tim Collins, Aaron Reiter and Harry Strausser presented Technology Options for Commercial Collections

• Randy Frazee presented Hot Topics

Session recordings including chatbox dialogue are available upon request.

5

NEW AGENCY MEMBERS:

Capital Resource International

Primary Contact: Joshua Provost

Santa Clarita, CA

NEW CERTIFIED AGENCY MEMBERS:

Williams & Williams, Inc.

Primary Contact: Joseph H. Williams

Louisville, KY

MEMBER REPORT

IACC is pleased to announce the hiring of Kelly Seiberg to serve as the Assocaition Services Account Coordinator for IACC. Kelly will be helping with managing the operations of teh assocaition and developing initiatives to execute the strategic plan. She will work with Kelsey Voorhees, Account Coordinator, with committees and manage communications such as newsletters and email marketing,. Kelly comes to IACC after serving as teh Education Specialist for ACA International for the last year. Kelly can be reached through the iacc@commercialcollector.com. We are excited to welcome her to the team!

STAFF UPDATE

IACC Board Terms Extended & Annual Meeting Postponed

2021 Virtual Annual Convention - Committee Thank You & Board Update

T his year, IACC is excited to continue the fun and finally see eachother at the Mid- Year Conference July 26th-28th, 2021 in Las Vegas, NV and are looking forward to the 2022 Annual Convention planning as well. A special thank you goes out to the members

of the IACC Meetings Committee who put countless hours and pivoted in planning to provide an excellent event developing the agenda, recruiting speakers, and fine-tuning sponsor opportunites and details for the event.

Meetings Committee• Randy Frazee, committee co-chair• Nancy Hamilton, committee co-chair• Greg Cohen• John Guerrini• Todd Gurstel• Valerie Ingold• Jeff Rubin• Gary Tier

Attendees listen in and discuss during the Hot Topic Session

The Covid-19 pandemic has disrupted most routines and traditions in our lives and the timelines and transitions of IACC governance are no exception. Each year during the IACC convention, two important things happen – the IACC Annual Meeting is held and new officers and directors are elected and installed.

The Leadership and Nominating Committee met on Thursday November 19, 2021 to consider the necessity for changes to the normal IACC election process and terms of board members and officers due to the ongoing pandemic. Understanding the authority and powers vested in the Board of Directors by virtue of the Bylaws and Articles of Incorporation of the IACC, the Leadership and Nominating Committee presented several recommendations for the Board to consider.   Bill Mann, chair of the committee, submitted the following motions:

MOTION NO. 1 With the ongoing COVID-19

pandemic, it will be in the best interests of the IACC members to have an in-person annual convention at a time other than January 2021. I move that the date for the 2021 annual meeting of the IACC be held on July 27, 2021 at the meeting to be held at Caesars Palace, Las Vegas.   

MOTION NO. 2 In that the terms of several board

members as well as the officers of IACC are set to expire in January, 2021 and the Board of Directors has just voted to move the 2021 annual meeting to July, 2021, I move that the term of any board member or officer which is due to expire in January, 2021 be extended until July 2021 when an election takes place at the 2021 annual meeting or until such other time as their successors are qualified and elected. 

MOTION NO. 3 I move that the terms of all board

members and officers to be elected at the July 2021 annual meeting be a term for 18 months so that those terms will expire in January 2023 at the time of the anticipated 2023 annual meeting of the IACC and that the terms of all other board members whose terms will be expiring in January 22 also be extended to January 2023. 

 Each of these motions was approved

unanimously. In addition, all 2020 committee assignments have also been extended until July 2021 and new committee members will be seated after the Mid-Year Conference.

Any members who have questions about these changes are welcome to contact IACC Executive Director Jessica Hartmann at hartmann@commericalcollector.com or952-925-0760.

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Thank You Attendees!

T he board of directors and staff would like to extend a special

thank you to the members that attended the 2021 Virtual Annual Convention, thank you for helping make IACC's first ever virtual event a success and continuing to support and show the strength and authenticity of IACC and the industry overall. Associations exist for the purpose of serving their members and without members participation and passion, assocations would not exist. We thank you sincerely and look forward to seeing you at our Mid-Year Conference in Las Vegas, NV in July!

2021 Virtual Annual Convention - Attendee Thank You

2021 IACCMid-Year

Conference

July 26-28, 2021Caesars Palace

Las Vegas, NevadaSAVE THE DATE!

Sandra Long presenting Joe Batie presenting

Attendees listening in during a session

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Collection Experiences and Adaptations During COVID-19 Members share the creative techniques they’ve used to keep their businesses humming.

T he last session on the fisrt day of IACC’s convention in January

2021 explored ways the commercial collection industry has evolved during the COVID-19 pandemic, including how members are approaching remote work, client interactions and collection conversations.

Four speakers, Joe Batie, chief commercial officer, Caine & Weiner; John Chotowski, vice president and general collection manager, Commercial Collection Corp.; Todd Gurstel, founding partner of Gurstel Law Firm, P.C.; and George Kern, COO of BARR Credit Services, Inc., shared the tips and tricks they’ve used to succeed.

To start, George attributed his company’s success during the pandemic to its commitment to effective communication. When workers first went remote, he noticed a culture shock as the usual “office buzz” of social interaction and casual conversation were lost. To combat the problems this could cause, the company put an increased focus on the way they were communicating.

“We have a [virtual] morning meeting with our entire production staff every day,” George said. “It’s a chance for us to get a feel for what’s going on, chat, talk, and pass on some information. It’s also a chance for us to have some community.”

As the months passed, George also noticed that staff communications got quicker and shorter. “We got efficient,” he said.

In addition, they put an increased focus on transparency to keep employees connected. “We meet with our staff to talk about changes that have come up and updates about the pandemic, regulatory changes and

internal changes,” George said. “We talk and get it out there.”

John Chotowski shared the changes he’s noticed in the industry during the response to COVID-19. “I think the industry as a whole performed an amazing service by continuing the credit and collection process and keeping commerce moving during a difficult time,” he said.

Looking to the future, John believes that what the industry has learned will be helpful even beyond the time of COVID-19.

“I think the collection industry learned to use empathy in a manner

that puts us in very good standing as we work our way out of the pandemic,” he said. “We proved ourselves to be a valuable tool in keeping commerce booming, and I have no question that that will be the case moving forward.”

Joe Batie discussed Caine & Weiner’s use of innovative techniques to keep business going. He said the company is using new tools to connect with prospective clients instead of just cold-calling them, such as sending meeting invitations.

He said Caine & Weiner has found that being able to get someone to commit to a specific time, rather than surprising them with a call, has been more successful.

Joe also noted that cold-calling often creates issues with gatekeeping,

or not being able to reach the person you need. With the new remote work structure, he’s noticed that receptionists are “willing to give you a call or direct connect you via transfer.” As a result of these changes, he’s seen a significant upward spike in contacts, especially with prospects.

Todd Gurstel shared that his company has embraced changes to recruiting brought on by the pandemic. “No longer do I have to worry about if I need to be in my office” when it’s time to interview a candidate, he said.

He’s also noticed that clients are now accepting remote workers at

collection agencies in part because “we’ve showed them that we can do it, that we can protect data,” he said.

Gurstel Law Firm, P.C monitors employees to make sure nobody is taking pictures of private information or otherwise compromising data. As a result, Todd said they are seeing increases in efficiency, production and revenue.

Todd was optimistic about the future of the commercial collection industry too.

“I’m excited because I know that there is going to be an off-the-cliff moment where there’s going to be a lot more work coming through,” he said. “And we’re already set up and ready to handle it.”

Summary written by Sarah Anderson, Communication Specialist

2021 Virtual Annual Convention - Collection Techniques During COVID-19 Session Summary

“We proved ourselves to be a valuable tool in keeping commerce booming, and I have no question that that will be the case moving

forward.”

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2021 Virtual Annual Convention - Technology Options for Commercial Collections Summary

Technology in CollectionsInsights from a tech-focused session at IACC’s Annual Convention

T here’s no doubt that technology is, and will continue to be, a major part of collection businesses’ operations. The question

is: are you aware of all the tech options you could be using to help make your business stronger?

“The industry is changing,” said Harry Strausser at IACC’s convention in January 2021. “It’s condensing, and I believe there is one common denominator for companies to be able to move forward efficiently, effectively and profitably to survive into the next decade. It will be an understanding of technology and a leveraging of the technologies that are available today.”

The Technology Education Session was presented by Dennis Barton, owner and managing collection attorney, The Barton Law Group, LLC; Tim Collins, chief customer officer, InDebted; Aaron Reiter, director of sales and marketing, InterProse Inc.; and Harry Strausser, vice president of business development, Applied Innovation Inc.

Together, the four shared key points that commercial collection businesses should know about technology.

Video CommunicationBeing able to conduct business through video call has now

become an expectation. This probably will not change in the future, so make sure you are comfortable with video calling through software like Zoom and Teams.

While video communication can be difficult to get used to, after what we have gone through over the last 12 months you should be well on your way to feeling at ease when you turn on your camera. Presenters noted that video calling adds richness to a communication, plus it is an opportunity to gather information that would not have been available otherwise and make stronger connections with co-workers and clients (Example; “I couldn’t help but notice that signed headshot of Kenny Rogers on the wall behind you. I love his music, too!”).

MetadataMetadata, or data captured on phone calls beyond the

conversation, is extremely valuable but still underused. This information, such as the time of day successful calls have been placed, can be used to predict how to get desired results, and the best process for doing this uses technology to analyze and recognize patterns in massive data sets.

Omni-Channel Communication Being open to and embracing the use of many different

communication mediums can help you better meet customers’ needs. Using technology to do this, such as letting an algorithm choose which medium to use for a specific communication, can help your business connect with clients in the way that best suits them.

In addition, offering self-service options that let clients see reports and make payments at a time most convenient to them may make the collection process more efficient as it eliminates the need for human interaction.

Compliance AssistanceHaving a collection platform that allows you to make

changes as needed can help ensure your team members comply with various laws and regulations. For example: only letting collectors see phone numbers during the hours that they are legally allowed to place a call.

Compliance technology can also help sort and do checks on information to help you avoid mistakes, such as calling the wrong number and triggering a potential Telephone Consumer Protection Act lawsuit.

Workflow AutomationUse automation to accomplish any tasks that are

redundant and not directly generating revenue. For example, use a program to help respond to collection disputes rather than making a human do the repetitive work to answer each one. Other tasks that can be automated include entering new data into systems or checking against the FCC’s phone number list to ensure information accuracy.

In addition to these products, presenters also noted the rise of machine learning, artificial intelligence and natural language processing in the ARM industry.

The future of collections will increasingly use technology, so start learning about the technological options you have to improve your business now.

Summary written by Sarah Anderson, Communication Specialist

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AWARD WInners2021 Virtual Annual Convention - 2021 Award Recognition

Leadership and Distinguished Service Award

T he IACC Leadership and Distinguished Service Award

recognizes and IACC individual member who had given his or her professional and personal life for the betterment of the commercial collection industry. This year IACC awarded Robert Tharnish, of ABE- Amega, Inc. Robert who has been a member of IACC for over a decade and on the Board of Directors for over 5 years. He personifies professionalism in the industry and his dedication and contributions are irreplaceable to IACC. We are very proud to present this award to Robert!

Past Award Winners: » Tom Haag - 2010 » Remey Rubin - 2011 » Jim Bessenbacher, Jr. - 2012 » Steve Harms - 2013 » Tom Hamilton - 2014 » Randy Frazee - 2015 » Bill Mann - 2016 » Bob Ingold - 2017 » Lee VandenHeuvel - 2018 » Greg Cohen - 2019 » David Franklin - 2020 » Albert Knowles 2020 » Robert Tharnish - 2021

Emerging Leader Award - Associate & Agency

T he IACC Emerging Leaders program was created in 2017 and

has been promoting the development of Emerging Leaders with in our collection industry. The Emerging Leader task force created the Emerging Leaders Award in 2018 awarding their first award in 2019. This last year the task force acknowledged the award in two categories under our membership both agency and associate award. The Emerging Leader Agency Awardee recieves a one-year, non-voting advisory position on the Board of Directors for IACC. Both the Emerging Leader Associate and Agency Awardees recieve a free registration for the Annual Convention in January and enrollment on the committee for Emerging Leaders.

This year, we are pleased to award our third annual Emerging Leader Awards to a program participant who shows great promise for leadership today and for years to come. This year, for the first time ever, we are recognizing two award winners an Emerging Leader Agency Member Award and an Emerging Leader Associate Member Award. I would

welcome you to congratulate Jasim Darwish, of Epic Credit Recoveries with the Emerging Leader Agency Member Award and Matt Garcia, of Barnett & Garcia, PLLC with the Emerging Leader Associate Member Award.

Robert Tharnish

Past Award Winners: » Valerie Ingold - 2019 » Bill Peterson - 2020 » Jasim Darwish(Agency) - 2021 » Matt Garcia (Associate) - 2021

Jasim DarwishMatt Garcia

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continued on page 12

A t the IACC's Annual Convention in Miami in January of 2020,

the Emerging Leaders committee felt it was important to introduce the membership to many of the emerging leaders in our association. These folks that we are highlighting are individuals who have set out to make a difference in our industry during these uncertain times. Matt Garcia & Gary Tier sat down with John Meyers from Caine Weiner to learn more about him.

Gary:  John - Thanks for taking time to visit with Matt & I.  These are interesting times, aren’t they? By now, we would have already seen you at the 2020 Mid-year and January annual conventions, can you tell us a little bit about yourself?

John:  I currently live in Dallas, Texas with my wife and three young kids, ages 6, 4, and 18 months.  Working from home while juggling 1st Grade virtual learning has certainly proven challenging. My wife and I hosted a socially distanced drive-through 1st birthday for our youngest in July, and we’re working on two more in February for our older kiddos. 

Matt:  We’ve been doing virtual learning with our kids and juggling is one way to describe it. Are you born and

Emerging Leader Professional Spotlight InterviewJohn Myers, Vice President of Planning and Strategy at Caine & Weiner

Presented by the Emerging Leader Committee

raised in Texas? John: I grew up in Sonoma County,

CA and moved to Los Angeles to attend UCLA where I earned a B.S. in Mathematics and Economics.

Matt: Ah – you are the best kind of Texan – the kind that moved to Texas!

Gary: Do I sense a Texas Hold ‘em fan?

John: I enjoy playing No Limit Texas Hold’em poker any chance I can get. I was disappointed to learn that the game isn’t legal in the very state in which it originated, so you either find a good home game to join or drive to Oklahoma or Louisiana to play No Limit TEXAS Hold’em!

Gary: Nice. Any other hobbies?

John: I took up running about 3 years ago and have finished several 5K runs. I enjoy the training and aim to beat my own race times with each subsequent race. Like many, I’ve switched to virtual races throughout the pandemic; they definitely don’t generate the same spark and energy as running with other people in person does. I’m eager to run my first 10K at the end of January. My parents are both running coaches and have really helped me with my training.

Matt: Families are great that way – aren’t they? Any other influences in your life?

John: I half-jokingly tell my friends that “I only have two heroes in life, Jesus Christ and John Wooden.” I find daily inspiration from both the Bible and John Wooden quotes, so I’d say they are, indeed, my greatest influences. Of course,

my parents and my mentors within the industry have also significantly influenced me and my career. To shout out a few of my most impactful industry influences, those would be JoAnne Kruse at Impac Mortgage, Shane Miller at Crosscheck Collections, and Mark Milstein and Greg Cohen at Caine & Weiner.

Gary: Greg Cohen is absolutely fantastic. So, tell us about your role at Caine & Weiner.

John: Currently, I am V.P. of Planning and Strategy over collection operations in the Dallas office, as well as enterprise client strategy and project initiatives. In my strategy role, we have a very diverse client base in numerous industries in consumer, commercial and first party servicing types – so it definitely keeps things interesting when determining the best way to serve a client’s portfolio. We have a solid blend of Small, Mid and High balance consumer and commercial collectors across the country at our disposal. I also have a lot of really cool “tools” to tackle different portfolios as well. I usually have multiple communication channel options along with numerous data enrichment and scoring partners that all need to be used and managed well to obtain the desired results. Digging in and figuring out the best combination of all of these resources to best serve our clients is the most enjoyable part of my role at Caine & Weiner. 

Matt: It has been great to see Caine & Weiner’s success. Where do you see your company in 5 years (as compared to where it is now)? 

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IACC Emerging Professional Spotlight Interview ... continued from page 11

John: We have experienced tremendous growth over the last 5-10 years and I’d love to see that continue. I can see our revenue doubling again in that time.  I also see us continuing to expand our technology to maximize our revenue and automation o pportunities in order to serve our clients better. And, I’d really love to see our Dallas office grow to be the collection hub for the company. We’ve had tremendous growth over the last 5 years, but there is more opportunity to expand our operations in that metropolitan area.

Gary: Any advice for other emerging leaders? Work alone or go with the team?

John: I enjoy both, depending on the business at hand. Naturally, this reminds me of a John Wooden quote, "If

you want to go fast, go alone. If you want to go far, you need a team." We would be nowhere without our frontline phone agents, working the business and maximizing the revenue every day, as well as our fierce managers who oversee their teams and push them toward success. So when it comes to daily operations, it’s all about teamwork, leadership and camaraderie. But when needing to tackle a complicated client project initiative or strategy, I tend to meditate on the issue before I can identify the best solution. I actually do some of my best “work” while running, when I can rely on a helpful surge of endorphins to boost my brain power.

Gary: Thank you John for your time today!

• If you would like to nominate someone for the Emerging Leader Spotlight Interview please email, iacc@commercialcollector.com. The Emerging Leader Committee is also accepting members interested in joining the Emerging Leader program.

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IACC Promotion:For IACC members we are waiving all start-up costs (including payment build costs) and cancellation costs, so you can try us risk free. We are also offering specialized pricing - we guarantee to beat your current vendors pricing!

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With the 117th session of the U.S. Congress little more than one month old, Vice President Harris has already cast her vote to break two ties on February 5, 2021. Although such a tiebreaker has not been common throughout the U.S. history, it is likely we will see more tiebreaking votes from Vice President Harris with a 50-50 Senate. Neither of these bills was exciting for the credit and collection. Each bill had to do with the budget relating to COVID-19 relief.

There was much lobbying effort in 2020 by the ACA, CLLA and other organizations against the HEROES Act which had several debt collection restrictions contained therein. The 2020 bill never passed Congress and many of its provisions were incorporated into other bills. IACC supported the CLLA lobbying efforts last year and is supporting the CLLA lobbying efforts this year to prevent the severe debt collection restrictions to resurface in a viable bill. There is still concern that a new bill will emerge seeking to impose restrictions on commercial debt collection. At the moment, most of the bills having to do with debt collection restrictions or moratoriums concern consumer debt, including, but not limited to student debts.

More Importantly watch what the states have done and are doing!

The California Consumer Privacy Act (CCPA”), which was enacted in 2018 and has been enforceable since January 2020 was amended by The California Consumer Privacy Act (CCPA”). The California Privacy Rights Act (“CPRA”) was voted upon by the citizens of California in November 2020 as Proposition 24; and as expected,

it passed. It is now law and becomes effective January, 2023. The CPRA amends the CCPA in many ways. What is favorable to some companies is that those companies who have already geared up to be compliant with GDPR will have already met a lot of the CPRA requirements. Among other things, the CPRA created a new state agency, the California Privacy Protection Agency, which will have rulemaking and enforcement authority. While it brings the CCPA more in line with the GDPR, one favorable aspect is that Businesses will not be held responsible for CPRA violations committed by third parties if certain agreements are in place and the business partner itself is in compliance with CPRA. The CPRA requires businesses to include specific provisions in their contracts with service provides, contractors, and third parties. Businesses must identify the “limited and specified” purposes for which the recipient of personal information processes that information, and they must prohibit service providers and contractors from combining the information they receive from the business with information from other entities.

Those entities which are compliant with the Gramm Leach Bliley Act (“GLB”) Safeguard Rule may be exempt from any further compliance requirements.

This area of privacy is important to IACC members and we need to keep an eye on the states, Several states have already introduced privacy statutes that are similar to the CCPA. Here are the states that currently have privacy laws in the works.

Virginia is set to become the second state, after California, to pass data privacy

legislation. Known as the Consumer Data Protection Act, the law would go into effect January 1, 2023. This CDPA would apply to all businesses that control or process data for at least 100,000 Virginians, or those commercial entities that derive at least 50 percent of their revenues from the sale and processing of consumer data of at least 25,000 customers. The law would exempt health care data and information collected for assessing credit worthiness. Similar to the CCPA, consumers will have the right to know whether their data is being collected and processed. Consumers will be entitled to a copy of their data and may correct inaccuracies. Consumers will have the right to have their personal data deleted and may opt out of the processing of personal data that may be used for targeted advertising, sale, or consumer profiling.

Washington State has pending the Washington Privacy Act (“WPA”) which

LEGISLATIVE UPDATEBy Wanda Borges, BOrges & Associates, LLC

continued on page 16

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Legislative Update... continued from page 14

IACC AFFINITY PARTNERS

The IACC Board and Affinity Committee have been working diligently on providing members additional benefits to their IACC membership through the Affinity Program. Each of these partners offers discounts exclusive to IACC members. For more information on a specific partner, visit the IACC website at www.commercialcollector.com.

If you have any questions about the Affinity Program, contact IACC at iacc@commercialcollector.com or (800) 859-9526. Please continue to watch your email for more Affinity partners!

Alphatrad provides documentation translation and telephone interpretation services.

Bridge Capital Partners provides payment processing services.

Codix is a debt collection and recovery software provider for an all-in-one software solution called iMX Debt Collection.

Polaris Assessment Systems, Inc. helps organizational leaders make smart

decisions about the people they hire.

TCN is a cloud-based, multi-faceted telephony solution for all sizes of commercial collection agencies.

Applied Innovation offers a suite of software solutions specifically

for the collection industry.

United Field Chase is a national field services provider, assisting businesses

to make informed decisions.

contains many of the requirements of the CCPA and CDPA but also focuses on “controllers” and "processors” like the GDPR. One of three criteria must be met for the Washington Privacy Act to apply: 1) the legal entity conducts business in Washington or produces products or services that are targeted to residents of Washington and 2) during a calendar year, an entity must control or process data of 100,000 Washington residents/consumers or more; 3) the legal entity must derive 25 percent of its gross revenue from the sale of personal data and processes or controls personal data of 25,000 consumers or more. The WPA generally excludes from its provisions the same information and entities as does the CCPA, including “personal data collected, processed, sold or disclosed pursuant to the GLB….” If signed into law, the WPA would be generally effective July 31, 2022 with respect to the processing of personal data.

Nevada very quietly passed its own tougher online privacy law in 2019. Although quiet by comparison to California’s CCPA, it was the first state to amend its existing privacy law by requiring businesses to offer consumers an opt-out regarding the sale of their Personal information, with some exceptions. The statute went into effect October 1, 2019. Unlike CCPA and GDPR, Nevada’s bill does not add any new notice requirements for website operators but does require them to post certain items of information in their privacy policies, including the categories of information collected, the categories of third parties with which the data is shared, a description of the process consumers may use to review and request changes to their covered information, a disclosure that third parties may track consumers’ online activities and the effective date of these notices.

Maine passed its Act to Protect the Privacy of Online Consumer Information which was signed into law by Governor Janet Mills on June 7, 2019. The Privacy statute became effective on July 1, 2020. The legislation specifically bars broadband internet access providers from “using, disclosing, selling or permitting access to customer personal information unless the customer expressly consents to that use, disclosure, sale or access,” with some exceptions. The bill also prohibits broadband providers from refusing to serve a customer or charging them more if they don’t consent to the use, disclosure, sale or access of their personal data. The bill further requires providers to take reasonable measures to protect customer personal information from unauthorized use, disclosure, sale or access.

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Scope is a bi-monthly newsletter available to

members of IACC. IACC is located at 4040 W. 70th St.,

Minneapolis, MN 55435. You may contact the IACC

office at (952) 925-0760 or via email at

iacc@commercialcollector.com.

This information is not intended as legal advice and

may not be used as legal advice. It should not be

used to replace the advice of your own legal counsel. Any

information contained in this material is based on current research into the issues and on the specific

facts involved herein.

©2020 International Association of

Commercial Collectors, Inc.

All Rights Reserved.

SSCOPECOPE

Directory of Associate Members

W hen forwarding accounts, please use IACC’s Associate (attorney) members! Remember to let the Associate member know you are forwarding to them

because they are IACC members so they will see the value in their membership with IACC. • To find complete contact information, please visit the Member Directory on the IACC

website at www.commercialcollector.com and click on the directory button on the top right hand side of the home page.

• When forwarding to Associate Member law firms, we recommend that you designate IACC and a Law List in your forwarding letter and notify the Law List designated. These actions will ensure your account is covered by the Law List’s bond and let the associate member know it is coming from a fellow IACC member. The Law Lists that are members of IACC include: » American Lawyers Quarterly www.alqlist.com » The Columbia Law List www.columbialist.com » The Forwarders List of Attorneys www.forwarderslist.com » General Bar Law Directory www.generalbar.com » International Lawyers Company www.lawlistil.com » Wright Holmes Law List www.collectioncenter.com If you have any questions, please do not hesitate to contact the IACC staff at

(952) 925-0760 or iacc@commercialcollector.com.

UPCOMING IACC EVENTS &EDUCATION

The IACC Education Committee is working with on scheduling CCC re-certification seminars and Hot Topic seminars throghout June 2021. Check out commericalcollector.com/events for the most up to date events. If you have questions regarding your CCC Recertification status please email iacc@commercialcollector.com.

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Thanks to IACC 2021Sustaining Members!

IACC is pleased to recognize its sustaining members for the 2021-2022 membership year. Sustaining members take it upon themselves to contribute an additional amount of money during the membershp year in support of the IACC. For more information on how your

company can become a sustaining member of IACC, please email IACC at iacc@commercialcollector.com or call (952) 925-0760. For specific company information please look through our online directory, commercialcollector.com/search#memberdirectory

• ABC-Amega, Inc.• ACCS International B.V.• Adams, London & Weiss LLC• AG Adjustments• Altus Receivables Management Inc.• American Financial Management, Inc.• American Lawyers Quarterly• Anderson, Williams & Farrow, LLC• Antroya Debt Collection & Law

Office• Applied Innovation, Inc.• Barber & Bartz, PL• BARR Credit Services, Inc• BARR Credit Services, Inc• BARR Credit Services, Inc• Biehl & Biehl, Inc.• Bilateral Credit Corp, LLC• Borges & Associates, LLC• Bressler-Duyk Law Firm• Bridge Capital Partners• Brown & Joseph Ltd.• Business & Technology Law Group• C2C Resources, Inc.• Caine & Weiner• Capital Collection Management, LLC• CBC Credit Services, Inc.• CCI Credit Management Ltd• Cisco, Inc.• Clear Payment Solution• Cloud Willis & Ellis, LLC• Commercial Collection Corp. of NY• Continental Recovery & Filing

Solutions D/b/a CRF Solutions• Contract Resolve Group, LLC• CSO Partners Inc D/b/a Aaron

Bryant Stewart & Cross• DAL, Inc.• Dedicated Commercial Recovery, Inc.• Dynamic Legal Recovery• Epic Credit Recoveries• ESP Receivables Management, LLC• Euler Hermes Collections North

America• First Collect International, Ltd.• Freedman & Price, P.C.• General Bar Legal Network

• General Credit Services Inc• Glassberg, Pollak & Associates• Greenberg, Grant & Richards, Inc.• Gurstel Law Firm, P.C.• Hammerman & Hultgren, P.C.• Hays Potter & Martin• Hodges, Avrutis & Foeller P.A.• Jameson & Dunagan, P.C.• John Postl, P.C.• Joseph, Mann & Creed• JSD Management, Inc. D/b/a James,

Stevens & Daniels• Kearns, Brinen & Monaghan, Inc.• Keifer Law Firm LLC• Kohner, Mann & Kailas, S.C.• Lamont, Hanley & Associates, Inc.• Law Offices of Barry Gammons• Law Offices of Gary A. Bemis• Law Offices of Kathleen R. Wall• Lichtman Eisen Partners, Ltd.• Lloyd & McDaniel, P.L.C.• Mark A. Kirkorsky, P.C.• Markowitz, Ringel, Trusty & Hartog,

P.A.• Miller Cohen Peterson Young, P.C.• Mountain States Commercial Credit

Management• Muller, Muller, Richmond, Harms,

Myers P.C.• NCCS Inc.• NCS MENA• Pacific Board of Trade• Pahwa Impex (P) Ltd• Priority Credit Management Corp.• RBC Inc.• Relin, Goldstein & Crane, LLP• Revenue Assurance Partners, LLC• Ross, Stuart & Dawson, Inc.• Simpson, Uchitel & Wilson, LLP• Smith Debnam Narron Drake

Saintsing & Myers, L.L.P.• Smith, Carroad, Levy, Wan & Parikh• Southern Oregon Credit Service, Inc.• Spilotro Law Group, LLC• State Collection Service, Inc.• Steadman & Steele

• Stevens Business Service, Inc.• Stuart-Lippman & Associates, Inc.• Summit A*R (Summit Account

Resolution)• Sweet & Walker, A Professional

Corporation• Synter Resource Group, LLC• Teller, Levit & Silvertrust, P.C.• The Forwarders List of Attorneys• The Kaplan Group• Thomas & Thomas Attorneys• Todd Associates Inc• Totz Ellison & Totz, P.C.• Valer Enterprises, Inc.• Verliance Inc.• Wagner, Falconer & Judd, Ltd.• Windham Professionals, AMS

Division• Zenarruza & Zenarruza, Abogados /

Zenarruza & Zenarruza, Attorneys

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