How to Use your Data to Defend Claims, Drive Continuous Improvement, and Ensure Compliance

Share Post

Defining the Definitions

Now that I am officially a Certified Receivables Compliance Professional through Receivables Management Association International (RMAI), I am aware that it is even more important to ensure that I and my business are always fully compliant with all laws affecting our industry. Of course, receiving my certification will not result in any big changes in the way we operate at Tag Process, since compliance was always a cornerstone of our business; however, obtaining RMAI certification proves how serious Tag Process is about compliance and best practices in our industry. In this webinar, three of the best in the business of defending our industry present examples and data from cases to help guide us towards best practices moving forward.

Keeping Records as Best Practice

We’ll start with some hard-hitting questions. Can you prove, for instance, whether your ATDS (automatic telephonic dialing system) only calls cell phones? Do your call records provide the ability to document what numbers your ATDS called and when? If not, these could be serious mistakes that cost you, in the long run, should a litigious plaintiff receive phone calls that you can’t prove any of the following: that you were indeed a live person, you have a record of prior permission to call, and/or the number was assuredly listed as a cell. Having data to support your story or case is crucial! A keen awareness of how, not only your telephone dialing system works but also keen records’ maintenance on all aspects of your consumer contact (calls, letters, electronic interactions, etc.) will provide insulation for any future possible problems. Data collection and record maintenance are our industry’s version of an ounce of prevention being worth a pound of cure.

Another example of data that needs to be kept and detailed records maintained is time-barred debt and any resulting lawsuits from these. For example, say a plaintiff has filed a class action under the FDCPA (Fair Debt Collection Practices Act) alleging that your company had a pattern of filing suits on time-barred debts; however, you have a policy that expressly prohibits such suits. Obviously, this isn’t something you did, you think. However, having a policy isn’t enough if you have to prove in a lawsuit that your business always complies with your policy. One way to determine whether you have followed your policy on time-barred consumer debts is your paper trail of the time-barred debt disclosures you’ve sent. Not only having the records of these disclosures, but making sure that the language used complies with CFPB (Consumer Financial Protection Bureau) policy and statutes is critical. Keeping accurate records and ensuring compliance in all consumer communication will go miles in insulating your company from litigious claims, saving time, money, headaches, and calls with your attorney.

Contact Consent and Settlement Letters

Any contact with consumers should be documented, as stated above. If a consumer says you’ve sent a concession letter stating they can pay less but request the full payment when they do call in, do you have data, not just from their claim, but historical records of settlement offers, amounts paid, accommodations for consumers, etc.? Again, and it can’t be stressed enough: best practices don’t just include policies stating that you will honor settlement offer letters, you need actual documentation of the contact letters, the resulting amounts paid, any accommodations offered, and any other relevant consumer contact instances.

Keeping a detailed paper trail also applies to contact consent documentation. If a consumer sues you stating that you do not have consent to contact them on their cell phone, do you have that record of consent? Do you have the latest statutes and regulations regarding consent revocation on file as well as knowledge of these to ensure that your contractual consent still applies? Any and all documentation you have will assist any case brought against your business. If you ask for consent digitally, It is very important to ensure that any opt-in regarding consent on your business’s website is maintained in a meaningful way and can be accessed later.  

Meaningful Involvement by Attorneys

In another example, say the plaintiff has filed a class action alleging that your attorneys were not meaningfully involved in the files on which they filed suit for your company. Does the data and information you have on hand support the meaningful involvement of your attorneys in any actions they have taken on your behalf? Are you (and your attorneys) aware and well-versed in the state of the law regarding attorney involvement, including any new rulings for your state or on the federal level? The answers to these questions should obviously be yes and ensuring you and your attorney are on the same page regarding all actions for your business is crucial. In this situation, communication is key as well as adequate record keeping. You’ll need proof of your involvement in any document sent directly by your attorneys to consumers. This can be accomplished via a digital paper trail on your computer or some form of digital encryption. Additionally, there is safe harbor language drafted by the CFPB that can also be utilized by your attorney to assist in drafting documents that will theoretically be less problematic for litigious consumers to document their meaningful involvement.


These examples are scenarios that have happened to businesses in our industry. We’ve all learned over the years, and the defense attorneys for our industry also routinely mention, there is no lack of creativity regarding the consumer complaints against our industry. The data and scenarios presented here outline specific situations in which ensuring data collection, record keeping, and information storage are important. Applying these principles to all consumer-facing communications is crucial for not only compliance but continued operations without constant conundrums. Thus, while it is interesting to hear about these specific instances of suits against businesses in our industry, the key take-away point is to insulate your business against these claims by maintaining flawless records of contact and keeping these data easily and readily accessible. Similar to issues with data breaches, keeping your records and data safe, secure, and organized follows the age old adage of “better safe than sorry.” These are especially wise words in our current litigious society. Luckily, working with Tag Process as a service provider helps insulate your business from problems since we focus so heavily on maintaining best practices and constant compliance.


This information is not legal advice and may not be used as legal advice. Information discussed or contained is not an explanation of the law and is presented for educational purposes only.

Share Post

You May Also Like…

– Eric Logvin
Law Office of James R. Vaughan, P.C.

“Dave and TAG Process Service have been the primary process server vendor at our collection law firm for 10+ years. At Dave's leadership, TAG has essentially solved every issue we've thrown at them. This includes security, compliance, programming, reporting, APIs, and of course... getting the serves completed. Dave is honest, efficient, hardworking, and goes out of his way to solve problems. That mentality has been infused into TAG's staff by Dave, and it shows. I highly recommend Dave as an positive, experienced entrepreneur and also have the highest recommendation for TAG Process Service as a vendor for your law firm.”

See more recommendations

– Harvey Moore
The Moore Law Group

“Dave and his team provide us with competent process service. Although we have only been working with his company for approximately two years, he has met all of our requirements including security and reporting. He is open to new ideas and processes.”

See more recommendations

– Mark Kirkorsky
Mark A. Kirkorsky, PC

“Dave and Tag have proven to be a tremendous resource for our law firm. They are complete professionals and go out of their way to accommodate us. We know that we can always count on Dave and his staff to get the job done. We have worked with a number of process service companies over the years, but there is none better than TAG! They have our highest recommendation.”

See more recommendations

– Ruth Crosby
Hammerman & Hultgren, PC

“We have been using Dave and his team at Tag for a few years now. They have been great to work with. I love that we an import our documents and information. we have saved a forest in paper by now. Dave, Keep up the good work.”

See more recommendations

– Joseph Pezzuto II
Square Two Financial Corp.

“I have known Dave Rolf and his company Tag Process Service since 2010. He and his company have an excellent reputation as being Arizona's premiere process service provider. I have had several former employees work for Dave and they have always commented to me that his business is really well run as he is very committed to his staff and customers while providing superb work. I would recommend Dave and his staff to anyone who wants a company that provides "small-town" customer service and response time while implementing all the latest technology, compliance and supply-chain processes that larger companies utilize to ensure excellent client satisfaction and top service results.”

See more recommendations

– William Kelhoffer
Blatt, Hasenmiller, Leibsker, & Moore, LLC

“I've worked with Dave for several years. He has all the qualities you're looking for in a person to do business with. He is honest, hardworking, and will do everything in his power to meet and exceed your expectations. Dave and his team's customer service, integrity, and reputation are second to none.”

See more recommendations

– Bill Kastin
Snell & Wilmer, LLP

“Dave Rolf and Tag are phenomenal at everything that they do. Tag is an excellently run organization and its due almost entirely to Dave's leadership and management style. The organization is flexible, accommodating and able to handle its client's needs without much fuss or red tape. I wish more companies were run like Tag and continue to be thoroughly impressed with Dave.”

See more recommendations

Copyright ©2020 - Tag Process Service, Inc. - All rights reserved