Compliance with consumer financial laws has become part of the receivables management industry’s DNA. Compliance drives how we do business. It dictates how we treat consumers, patients, and citizens. It creates the foundation for the ethical standards our organizations espouse. Most importantly, it is a basic tenet of our culture.

To recognize Corporate Compliance & Ethics Week we've created a quiz for our team here at Ontario Systems. Feel free to use it with your team as you see fit (answers are at the bottom).

Remember, compliance is not a state or a thing: It is a type of continuous improvement process. Use compliance processes to help you define, detect, investigate, and remediate issues that cause consumer harm or may lead to consumer harm.  

Compliance Week Trivia Questions for Staff

  1. The full name of the collection agency against which the consumer files the complaint is visible on the CFPB website? (True or False)

  2. Most collection agencies expect their agents to explain the impact payment or nonpayment of a debt will have on their credit score or credit worthiness. (True or False)

  3. One way for a third-party collector to avoid liability under the Fair Debt Collection Practices Act is to operate invisibly as a first party collector. (True or False)

  4. The consumer protection law that controls how to obtain consent to email a legally required disclosure to a consumer is
    1. Regulation E
    2. Electronic Signatures in Global and National Commerce
    3. E Validity
    4. E Payment Act

  5. Prerecorded voice mail messages present compliance risks for third party debt collectors who leave messages on cell phones in connection with the collection of a debt
    1. if they do not have the consent of the cell subscriber or customary user
    2. if the voice mail message does not comply with the meaningful disclosure requirements of the Fair Debt Collection Practices Act
    3. if the voice mail message reveals the existence of a debt to a third party [i.e. someone other than the consumer]
    4. all of the above

  6. You may search the Member Directory on the ACA International website [https://www.acainternational.org/search#memberdirectory] to identify the ethics contact for the company. (True or False)

  7. Larger Market Participant is a term which is used to describe collection agencies, debt buyers and collection law firms that generate more than $10 M per year in fee revenue
    1. from the collection of charged off consumer debt including fees from the collection of healthcare debt
    2. from the collection of charged off consumer debt excluding fees from the collection of healthcare debt
    3. from the collection of pre-charged off consumer debt including fees from the collection of healthcare debt
    4. from the collection of pre-and post-charged off consumer debt excluding fees from the collection of healthcare debt

  8. Go to CFPB.gov. Click Policy and Compliance. Next click Compliance and Guidance. Now scroll until you find Implementation and Guidance. Scroll down the page until you see the official guidance on Phone Pay Fee Compliance Bulletin 2017-01. Click on the bulletin. The first paragraph of this bulletin makes clear this guidance bulletin applies to:
    1. Covered persons but not debt collectors
    2. Service providers
    3. Covered persons including debt collectors and service providers
    4. 1 and 2

  9. Everyone in this company should sign up for insideARM. See insideARM.com. Have you registered to receive information from insideARM? (Yes or No)

  10. The insideARM home page includes a list of “Other Stories.” One of the stories published on November 1, 2017 suggests collecting judgment debt may not always establish the permissible purpose required as a condition of pulling consumer credit reports. The takeaway from this story is that collection agencies should not pull consumer credit reports unless they have a permissible purpose to do so. (True or False)

  11. Technology solutions serve a critical role in our clients ability to comply with state and federal law. (True or False)

  12. The staff members within any collection agency, debt buyer, collection law firm or service provider organization to the collection industry who are expected to escalate any perceived or actual compliance issues that may result in consumer harm or cause consumer harm include:
    1. all staff
    2. collection floor staff
    3. compliance and quality assurance staff
    4. IT staff

  13. Consumer portals, payment portals and debt collection web sites in general should:
    1. Include an authentication process before information about a debt is disclosed
    2. Include an audio feature which states, “The information provided is a communication from a debt collector in connection with the collection of a debt.”
    3. Ideally include a communication preference section to allow the consumer to consent to email, cell and text communications with the debt collector
    4. 1 and 3

  14. Debt collectors cannot display the name of their agency on a consumer’s caller ID if the name suggests they are in the business of debt collection. (True or False)

 

Answers:

1-T, 2-F, 3-T, 4-2, 5-4, 6-T, 7-2, 8-3, 9-Y, 10-T, 11-T, 12-1, 13-4, 14-T

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Disclaimer: Ontario Systems is a technology company and provides this blog article solely for general informational and marketing purposes. You should not rely on the content of this material for any other purpose or as specific guidance for your company. Ontario Systems’ advice, services, tools and products described herein do not guarantee compliance with any law or industry standard. You are ultimately responsible for your own company’s actions and compliance efforts. Because everyone’s situation is different, you must consult your own attorneys, accountants, and/or other advisors to obtain specific advice on your company’s compliance, legal, tax, regulatory and/or other business needs. Despite Ontario Systems’ efforts to provide current and up-to-date information, you need to recognize that the information contained herein may become outdated quickly and may contain errors and/or other inaccuracies.

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