2011

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© 2009-2010 National Recovery Agency. All Rights Reserved.® VOLUME 6, ISSUE January/February 20 NRA Today The Official Newsletter of National Recovery Agency 2007 ~ 2008 ~ 2009 ~ 2010 “A Responsible Revenue Recovery Company™” Inside this issue: New Mexico AG Releases Rule Regarding Collecting Time Barred Debt P.1 NRA Kicks off Healthy Employee Contest P.2 SSAE 16 Overview P.3 Harrisburg ranks among top 10 cities for business P.4 New Federal Law Bans Caller ID Manipulation P.6 Social Security Checks going electronic P.7 DBA International 12/15/10 On Dec. 15, 2010, the New Mexico Attorney General released a rule concerning the collection of time-barred debt in New Mexico. The rule requires debt collectors to determine whether a debt is time-barred and provide certain disclosures when collecting time- barred debt in New Mexico. The rule defines time-barred debt as “any debt that is not enforceable in a judicial proceeding because the applicable statute of limitations has run.” A copy of the final rule, as well as the Attorney General’s statement regarding adoption of the rule, is available on ACA’s website. The rule is effective Dec. 15, 2010. In response to a request by ACA, the Attorney General will delay enforcement of the rule until March 15, 2011. However, ACA’s Compliance Department is currently reviewing whether a consumer may immediately enforce this new rule. ACA members should immediately review this new rule and undertake appropriate internal review of their policies and procedures to determine steps to comply with the rule. If the debt collector has reason to know or knows a debt is time-barred, the collector must inform the consumer of the following: 1. “We are required by New Mexico Attorney General Rule to notify you of the following information. This information is not legal advice.”; 2. The debt is or may not be enforceable through lawsuit because the applicable statute of limitations has or may have expired; 3. If the debt is time-barred, the consumer cannot be required pay through a lawsuit; 4. Admission, affirmation or acknowledgment of the debt, a promise to pay the debt, payment of the debt or a waiver of the consumer’s rights regarding the expiration of the statute of limitations is not required; and 5. The consequences of reviving the statute of limitations by acknowledging the debt, promising to pay the debt or waiving the statute of limitations. The rule provides a model disclosure deemed to be in compliance with the rule (ITALICS NOT REQUIRED): We are required by New Mexico Attorney General Rule to notify you of the following information. This information is not legal advice: This debt may be too old for you to be sued on it in court. If it is too old, you can’t be required to pay it through a lawsuit. You can renew the debt and start the time for the filing of a lawsuit against you to collect the debt if you do any of the following: make any payment of the debt; sign a paper in which you admit that you owe the debt or in which you make a new promise to pay; sign a paper in which you give up (“waive”) your right to stop the debt collector from suing you in court to collect the debt. In written communications the disclosure is required to be clear, in plain language and conspicuously placed on the front New Mexico Attorney General Releases Rule Regarding Collecting Time-Barred Debt

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Page 1: 2011

© 2009-2010 National Recovery Agency. All Rights Reserved.®

VOLUME 6, ISSUE �January/February 20��

NRA TodayThe Official Newsletter of National Recovery Agency

2007 ~ 2008 ~ 2009 ~ 2010

“A Responsible Revenue Recovery Company™”

Inside this issue:

New Mexico AG ReleasesRule Regarding CollectingTime Barred Debt P.1 NRA Kicks off HealthyEmployee Contest P.2 SSAE 16 Overview P.3

Harrisburg ranks amongtop 10 cities for business P.4

New Federal Law BansCaller ID Manipulation P.6

Social Security Checksgoing electronic P.7

DBA International 12/15/10

On Dec. 15, 2010, the New Mexico Attorney General released a rule concerning the collection of time-barred debt in New Mexico. The rule requires debt collectors to determine whether a debt is time-barred and provide certain disclosures when collecting time-barred debt in New Mexico. The rule defines time-barred debt as “any debt that is not enforceable in a judicial proceeding because the applicable statute of limitations has run.” A copy of the final rule, as well as the Attorney General’s statement regarding adoption of the rule, is available on ACA’s website. The rule is effective Dec. 15, 2010. In response to a request by ACA, the Attorney General will delay enforcement of the rule until March 15, 2011. However, ACA’s Compliance Department is currently reviewing whether a consumer may immediately enforce this new rule. ACA members should immediately review this new rule and undertake appropriate internal review of their policies and procedures to determine steps to comply with the rule. If the debt collector has reason to know or knows a debt is time-barred, the collector must inform the consumer of the following:

1. “We are required by New Mexico Attorney General Rule to notify you of the following information. This information is not legal advice.”; 2. The debt is or may not be enforceable through lawsuit because the applicable statute of limitations has or may have expired; 3. If the debt is time-barred, the consumer cannot be required pay through a lawsuit; 4. Admission, affirmation or acknowledgment of the debt, a promise to pay the debt, payment of the debt or a waiver of the consumer’s rights regarding the expiration of the statute of limitations is not required; and 5. The consequences of reviving the statute of limitations by acknowledging the debt, promising to pay the debt or waiving the statute of limitations. The rule provides a model disclosure deemed to be in compliance with the rule (ITALICS NOT REQUIRED):We are required by New Mexico Attorney General Rule to notify you of the following information. This information is not legal advice: This debt may be too old for you to be sued on it in court. If it is too old, you can’t be required to pay it through a lawsuit. You can renew the debt and start the time for the filing of a lawsuit against you to collect the debt if you do any of the following:

make any payment of the debt; sign a paper in which you admit that you owe the debt or in which you make a new promise to pay; sign a paper in which you give up (“waive”) your right to stop the debt collector from suing you in court to collect the debt. In written communications the disclosure is required to be clear, in plain language and conspicuously placed on the front

New Mexico Attorney General Releases Rule Regarding Collecting Time-Barred Debt

Page 2: 2011

2

© 2009-2010 National Recovery Agency. All Rights Reserved.®

January/February 2011 Volume 6 Issue 1

NRA TODAY

National Recovery places great emphasis on the importance of recovering our client’s portfolio. In addition to traditional methods of payment such as cash, money orders, personal, bank, and certified checks, we accept the following methods of debtor payment over the phone; as well as the ability to pay online at www.nationalrecovery.com.

Western Union/Quick Collect Credit AND DEBIT CardsMoneyGramBank Wire Check By Phone

•••••

METHODS OF ACCEPTABLE PAYMENT:

Sponsored by: THE WALL STREET JOURNAL

NRA RECOGNIZED AS:

NRA KICKS OFF ITS BIGGEST LOSER CONTEST

ON FEBRUARY 4, 2011For many people, adding lean protein to the diet may promote healthy weight loss. Protein lends a feeling of satiety—especially when combined with fiber—and also provides a platform for exercise. Experts believe protein helps with weight loss in part because of an increase in thermogenesis, meaning the body burns more calories just to digest higher–protein foods. Today, challenge yourself to learn protein basics and up your protein intake. Remember: Not all proteins are equal—replace high–fat foods and highly refined carbohydrates with lean protein sources only.

NRA is in its final stages of developing its NEW consumer site at www.nationalrecovery.com. Implementing the new site is expected to be made available to the public by March 1, 2011

Page 3: 2011

© 2009-2010 National Recovery Agency. All Rights Reserved.®

January/February 2011 Volume 6 Issue 1

NRA TODAY

IDENTITY THEFT, FRAUD

* The number of U.S. identity fraud victims rose 12% to 11.1 million adults in 2009.

* Women were 26% more likely to be victims of identity fraud than men.

* The average fraud resolution time dropped 30% to 21 hours.

* Arizona has the highest and South Dakota has the lowest identity theft complaints per 100,000 people.

LET US “HOOK” YOU UP BY TURNING YOUR OUTSTANDING

DEBT INTO LIQUID CAPITAL.

1/800-360-9953 OR VISIT US ONLINE AT WWW.NRAGROUP.COM

call us today!!

CONSUMER REPORTS MAGAZINESURVEY STATISTICS * One-third of Americans do not own a credit card.

* 54% pay their balance in full each month.

* 33% carry balances up to $10,000 (median balance: $2,254)

* 13% carry balances over $10,000 (median balance: $17,366)

* 21% of consumers said they were treated unfairly by card companies and 32% have paid off and closed a card since January 2008. * 16% canceled their cards in response to the actions of credit-card issuers cutting limits, hiking rates, or imposing fees.

* 45% of survey respondents say they are charging less.

* 11% are charging more than they did a year ago.

National Recovery Agency will be “Bowling for Kids’ Sake” for the third consecutive year. This annual fundraiser benefits Big Brothers Big Sisters of the Capital Region.

Bowl For Kids’ Sake is more than a couple of hours of bowling. It’s Big Brothers Big Sisters’ THANK YOU for helping raise funds for mentoring programs!

SSAE 16 OverviewStatement on Standards for Attestation Engagements (SSAE) No. 16, Reporting on Controls at a Service Organization, was finalized by the Auditing Standards Board of the American Institute of Certified Public Accountants (AICPA) in January 2010. SSAE 16 effectively replaces SAS 70 as the authoritative guidance for reporting on service organizations. SSAE 16 was formally issued in April 2010 with an effective date of June 15, 2011. You can order a copy of SSAE 16 from the AICPA’s online store at http://www.cpa2biz.com - publication number 023035.

SSAE 16 was drafted with the intention and purpose of updating the US service organization reporting standard so that it mirrors and complies with the new international service organization reporting standard – ISAE 3402.

For service organizations that currently have a SAS 70 service auditor’s examination (“SAS 70 audit”) performed, some changes will be required to effectively reporting under the new SSAE 16 standard.

Additional information on SSAE 16 and Service Organization Control reports can be viewed at the AICPA’s new web page (http://www.aicpa.org/soc).

Page 4: 2011

© 2009-2010 National Recovery Agency. All Rights Reserved.®

January/February 2011 Volume 6 Issue 1

NRA TODAY

Hours a day Americans indebt worry about money

Source: FreeScore.com survey

Average Hours: 3.3

1-3 hours 6�%

4 hours or more 22%

0 hours �5%

NAVIGATE WEBINARConducted by Trish Moritz,

Director Client ServiceFEBRUARY 23, 2011 at 2:00 E.S.T.

Must register by Friday February 18, 2011 - REGISTRATION IS FREE!

Register via email to [email protected]

An invite and instructions for the Go To Meeting will be sent on

Monday February 20, 2011

Harrisburg ranks among top 10cities for business Wednesday, December 22, 2010By Eric Veronikis Harrisburg ranked ninth in the U.S. on a financial information and news website’s Best Cities for Business list. Marketwatch.com included 102 cities in its annual survey. Scores are based on the concentration of businesses within a metro area and other metrics, including unemployment, job growth, population growth, personal income and local gross domestic product. Total scores are made up by company score and economic score for each city.Harrisburg jumped 25 spots on the list this year with the help of metrics included in the survey, the Harrisburg Regional Chamber and Capital Region Economic Development Corp. said yesterday. The city ranked in the top third of cities surveyed in tourism and military GDPs, and it ranked among the top 10 cities with the highest personal income levels. Harrisburg benefits from being a small city with a few influential companies in its backyard, according to marketwatch.com.Washington, D.C., topped this year’s list.

Bankruptcy Filings Jump In 2010

The number of U.S. consumers who filed for bankruptcy in 2010 topped 1.5 million last year, up 9% compared with 2009 as high long-term

jobless rates and depressed home prices drove more households to seek court protection.

VIEW YOUR ACCOUNTS ON-LINE WITH “NAVIGATE”.WWW.NRAGROUP.COM

THIS IS A USER-FRIENDLY AND SECURE SITE THAT YOU CAN USE TO CHECK THE STATUS OF YOUR ACCOUNTS, UPLOAD

FILES AND MORE. NAVIGATE IS A CONVENIENT SITE FOR OUR CLIENTS.

FOR LOGIN INFORMATIONPLEASE CONTACT CLIENT SERVICES!

Page 5: 2011

NRA FILE TRANSFER VERIFICATION FORM

FILE NAME:

DATE OF TRANSFER:

CLIENT NAME:

CONTACT NAME:

CONTACT PHONE:

CLIENT NUMBER:

PLEASE SUBMIT THIS FORM [email protected]

If you have any questions, please feel free to call IT Supportat 1-800-360-9953 x 6736

PLEASE FORWARD THIS INFORMATION TO THE INDIVIDUAL WHO PLACES YOUR ACCOUNTS WITH OUR AGENCY.

Effective immediately, the following process applies to any and all clients who are referring accounts electronically to NRA. When referring an account file electronically, please use the format below to ensure timely download/upload of your data. It is suggested that you save this page and submit it with each electronic file.

PLACEMENT TOTALS

TOTAL NUMBER OF ACCOUNTS PLACED

DOLLAR VALUE OF ACCOUNTS PLACED $

Page 6: 2011

6

© 2009-2010 National Recovery Agency. All Rights Reserved.®

January/February 2011 Volume 6 Issue 1

NRA TODAY

DBA International 14th Annual ConferenceThe Mirage Casino & HotelLas Vegas, NVFebruary 8 - 10, 2011

Platts 10th Annual Credit And Collections Conference for UtilitiesHyatt Regency Grand CypressOrlando, FLMarch 1-3, 2011

New Federal Law BansCaller ID ManipulationThe Truth in Caller ID Act of 2009 was signed into law Dec. 23, 2010. The Act amends the Telephone Consumer Protection Act by adding a new section that prohibits any person, in connection with any telecommunications service or Internet Protocol-enabled service, from causing a caller ID service to knowingly transmit misleading or inaccurate caller ID information with the intend to defraud, cause harm or wrongfully obtain anything of value.

The Truth in Caller ID Act broadly applies to any person attempting to manipulate a caller ID service, including third-party debt collectors, creditors and asset buyers.The Federal Trade Commission is in charge of developing and implementing regulations related to the Act no later than June 23, 2011.

Continued from page 1

Seven States Raise Minimum WageDOL.gov - Dec. 9, 2010

Minimum wage rates will change in Arizona, Colorado, Montana, Ohio, Oregon, Vermont, and Washington, as of Jan. 1, 2011. The Department of Labor notes the states’ average increase is 10 cents per hour. Increases of 12 cents per hour in Colorado and Washington top the list with the highest changes set to take effect.

of the page. If the communication is oral, the disclosure must be made verbally immediately before or after the first statement requesting payment. If no request for payment is made during oral communication, the disclosure must be made immediately after the first reference of the debt. The disclosures are required for both initial and subsequent communications. Importantly, the rule specifically states the above disclosures must be given only to those consumers whom the debt collector reasonably and in good faith determines owe a debt that is time-barred.

Lastly, if a debt collector makes an erroneous determination regarding the status of a debt, the collector may not be liable for a violation of the rule if the collector exercised reasonable efforts to determine whether the debt was time-barred. Documentation must be provided in support of the collector’s determination for the defense to stand.A violation of the rule constitutes a violation of the New Mexico Unfair Practices Act.

ACA, the New Mexico Collectors Association, and other groups such as DBA International submitted comments opposing the rule and offering alternative solutions when the rule was originally proposed in early 2009. Although the final rule adopted or incorporated certain suggestions and commentary from ACA and other groups, ACA was unaware of any revised version of the rule between June 2009 and December 2010. ACA will continue to communicate with the New Mexico Attorney General’s office to seek clarification of the new rule as appropriate.

January FebruaryPenni Lee Robin KirkpatrickTandra Walker Shell SharmaSusan Russell Fran SimmonsBrandi Clark Sandra OrtizFaith Farr Kevin PorterMallory Herman Biancha Tatum Janet Hernandez Schkira Washington Yvonne Ruby Tiffany Riser Shantee Williams Melvin Rojo Dashea Chester

UPCOMING EVENTS

Correction to December’s Issue:Jerry Livingston has been employed with NRA for more than 14 years.

Page 7: 2011

© 2009-2010 National Recovery Agency. All Rights Reserved.®

January/February 2011 Volume 6 Issue 1

NRA TODAY

Ask Dr. DebtConsumers seeking solutions to debt problems have a new

online resource through Ask Dr. Debt, a financial

education Web site that ACA International -- a nonprofit credit association unveiled.

“It’s essentially an online version of ‘Dear Abby’ for consumers with credit and

debt questions,” John Nemo, public relations director for ACA International, said in an e-mail. Nemo said visitors to the site will be able to search a

database of frequently asked questions and submit their own. Ask Doctor Debt also contains interactive tools

to educate consumers, such as budget calculators and a free personal financial

management Web course.

DID YOU KNOW ?National Recovery Agency

is PPMS, PCI-DSS andSAS-70 Type II Certified

NRA IS LOOKING FOR GOOD EMPLOYEES!!

Soon the government check won’t be in the mailGovernment announces deadline for phasing out paper benefit checks including Social Security Martin Crutsinger, AP Economics Writer, On Tuesday December 21, 2010 WASHINGTON (AP) -- Before too long, the government check will no longer be in the mail.Officials have settled on the dates when millions of people will no longer be able to get their Social Security and other benefit checks by mail.New recipients of benefits will have to accept paperless payments starting on May 1 of next year, three months later than first proposed.Those already on Social Security will have until March 1, 2013 to make the switch to direct deposits or a debit card.More than 58 million retirees, disabled people and surviving family members receive Social Security or Supplemental Security benefits. Already eight out of 10 people getting federal benefits receive those payments electronically, officials say.The switch to electronic payments will eliminate the problem of lost or stolen checks and also the problems faced by people displaced from their homes who have to worry about getting their checks mailed to them, said Richard L. Gregg, the Treasury Department’s assistant fiscal secretary.“Even though we have done a good job of encouraging people to switch over, we still are making 120 million payments by mail for Social Security every year and another 15 million annually for veterans and other types of benefits,” Gregg said.Every year, the government has to process about 600,000 claims for lost or stolen checks. Social Security will

save $1 billion over the next decade from phasing out paper checks, he said.The final rules, scheduled to be unveiled Tuesday, are very similar to the proposal the government put forward in June.But in response to public comments, the government has decided to allow people who are 90 and over and are still getting Social Security benefit checks to continue to receive their benefits the same way. The government estimates there are 275,000 people who fall into that category.For people who do not have accounts at a bank or credit union, the government

has an option that allows them to use a Direct Express debit MasterCard issued by Comerica Bank, Treasury’s financial agent. More than 1.5 million people have obtained these cards, which were first issued in 2008.In addition to the automatic waiver from

electronic payments for those 90 and over, people living in remote areas who might have trouble getting to a bank can also petition for a waiver from the new rules. Gregg said that the government expects fewer than 1 percent of current benefit recipients will petition for a waiver.Social Security Commissioner Michael J. Astrue said that people should not wait until the deadlines to make the switch to electronic payments.“Switching now eliminates the risks of lost and stolen checks and provides immediate access to your money on payment day,” Astrue said.The new deadlines for the switchover were announced by Treasury’s Financial Management Service, the agency that processes payments for the federal government.Congress passed a law in 1996 giving the agency the power to halt mailing paper checks for all government payments outside of refund checks from the Internal Revenue Service.To help with the switchover for those still getting paper checks, the government has created a website, http://www.GoDirect.org and a toll-free phone number, 1-800-333-1795, that people can call for assistance.

“Switching now eliminates the risks of lost and stolen

checks and provides immediate access to your money on payment day,”

Page 8: 2011

© 2009-2011 National Recovery Agency. All Rights Reserved.®

VOLUME 6, ISSUE 2Special Edition - February 20��

NRA TodayThe Official Newsletter of National Recovery Agency

2007 ~ 2008 ~ 2009 ~ 2010

“A Responsible Revenue Recovery Company™”

Inside this issue:

Court Rules FDCPA Appliesto Communications with Debtor’s Attorney P.1 SSAE 16 OverviewNavigate Webinar Set P.2 Court Ruling IncreasesRequirements for DebtCollection Lawsuits P.4

NRA Launches New Consumer Website P.4

Bil l Collectors FaceDisclosure Rules P.6

Court Rules FDCPA Applies to Communications with Debtor’s Attorney

The U.S. Court of Appeals for the Third Circuit has ruled that the federal Fair Debt Collection Practices Act (FDCPA) applies to a debt collector’s communications with the debtor’s attorney. In Allen v. LaSalle Bank, issued on January 12, 2011, the Third Circuit reversed the District Court, which had dismissed the plaintiff’s claims that letters sent to her attorney by a law firm representing the servicer of her defaulted home mortgage violated the FDCPA provision making it an “unfair or unconscionable” practice for a debt collector to collect or attempt to collect unauthorized amounts. The Third Circuit rejected the District Court’s holding that communications to a debtor’s attorney should be analyzed from the perspective of a competent attorney for purposes of determining whether they violate the FDCPA.

Characterizing the FDCPA as “a strict liability statute,” the Third Circuit observed that “it would undermine the deterrent effect of strict liability” if an otherwise improper communication could escape FDCPA liability because it was directed to the debtor’s attorney. The Court also rejected the collection law firm’s argument that New Jersey’s litigation privilege

exempted its communications with the debtor’s attorney from FDCPA liability. The Third Circuit remanded the case to the District Court, indicating that whether the plaintiff had stated a viable FDCPA claim depended only on whether the amounts the collection firm attempted to collect on her mortgage were expressly authorized by the loan agreement or permitted by law.The federal courts of appeals are split on the issue of whether the FDCPA applies to communications from a debt collector to a debtor’s attorney. In ruling that the FDCPA does apply, the Third Circuit joins the Fourth Circuit. The Second Circuit has stated in dicta and the Ninth Circuit has ruled that statements made exclusively to a debtor’s attorney are not actionable under the FDCPA.

Reprinted with permission from Ballard Spahr LLPThe onslaught of FDCPA claims in recent years and decisions such as Allen show, once again, the need for collection firms to exercise extreme caution in their operations. Ballard Spahr lawyers regularly consult with their clients engaged in consumer debt collection on the application of the FDCPA and state debt collection laws.Ballard Spahr’s Consumer Financial Services Group is nationally

by insideARM.com Staff January 14, 2011

recognized for its guidance in structuring and documenting new consumer financial services products, its experience with the full range of federal and state consumer credit laws throughout the country, and its skill in litigation defense and avoidance (including pioneering work in pre-dispute arbitration programs). For more information, please contact group Chair Alan S. Kaplinsky, 215.864.8544

Page 9: 2011

2

© 2009-2011 National Recovery Agency. All Rights Reserved.®

February - Special Edition 2011 Volume 6 Issue 2

NRA TODAY

National Recovery places great emphasis on the importance of recovering our client’s portfolio. In addition to traditional methods of payment such as cash, money orders, personal, bank, and certified checks, we accept the following methods of debtor payment over the phone; as well as the ability to pay online at www.nationalrecovery.com.

Western Union/Quick Collect Credit AND DEBIT CardsMoneyGramBank Wire Check By Phone

•••••

METHODS OF ACCEPTABLE PAYMENT:

National Recovery Agency will be “Bowling for Kids’ Sake” for the third consecutive year. This annual fundraiser benefits Big Brothers Big Sisters of the Capital Region.

Bowl For Kids’ Sake is more than a couple of hours of bowling. It’s Big Brothers Big Sisters’ THANK YOU for helping raise funds for mentoring programs!

SSAE 16 OverviewStatement on Standards for Attestation En-gagements (SSAE) No. 16, Reporting on Controls at a Service Organiza-tion, was finalized by the Auditing Standards Board of the American Institute of Certified Public Accountants (AICPA) in January 2010. SSAE 16 effectively replaces SAS 70 as the authoritative guidance for reporting on service organizations. SSAE 16 was formally issued in April 2010 with an effective date of June 15, 2011. You can order a copy of SSAE 16 from the AICPA’s online store at http://www.cpa2biz.com - publication number 023035.

SSAE 16 was drafted with the intention and purpose of updating the US service organization reporting standard so that it mirrors and complies with the new international service organization reporting standard – ISAE 3402.

For service organizations that currently have a SAS 70 service auditor’s examination (“SAS 70 audit”) per-formed, some changes will be required to effectively reporting under the new SSAE 16 standard.

Additional information on SSAE 16 and Service Orga-nization Control reports can be viewed at the AICPA’s new web page (http://www.aicpa.org/soc).

NAVIGATE WEBINARConducted by Trish Moritz,

Director Client ServiceFEBRUARY 23, 2011 at 2:00 E.S.T.

Must register by Friday February 18, 2011 - REGISTRATION IS FREE!

Register via email to [email protected]

An invite and instructions for the Go To Meeting will be sent on

Monday February 20, 2011

Page 10: 2011

NRA FILE TRANSFER VERIFICATION FORM

FILE NAME:

DATE OF TRANSFER:

CLIENT NAME:

CONTACT NAME:

CONTACT PHONE:

CLIENT NUMBER:

PLEASE SUBMIT THIS FORM [email protected]

If you have any questions, please feel free to call IT Supportat 1-800-360-9953 x 6736

PLEASE FORWARD THIS INFORMATION TO THE INDIVIDUAL WHO PLACES YOUR ACCOUNTS WITH OUR AGENCY.

Effective immediately, the following process applies to any and all clients who are referring accounts electronically to NRA. When referring an account file electronically, please use the format below to ensure timely download/upload of your data. It is suggested that you save this page and submit it with each electronic file.

PLACEMENT TOTALS

TOTAL NUMBER OF ACCOUNTS PLACED

DOLLAR VALUE OF ACCOUNTS PLACED $

Page 11: 2011

© 2009-2011 National Recovery Agency. All Rights Reserved.®

February - Special Edition 2011 Volume 6 Issue 2

NRA TODAY

NRA LAUNCHES NEW CONSUMER SITE

Through the new website, consumers can communicate with NRA, 24 hours a day, 7 days a week, 365 days a year. They are provided with payment options in resolving their debt and information on what to do if they’ve been contacted by NRA. Consumers have the option of communicating with via email or opt to have a representative call them with just the click of a button.

“Consumers are looking for a way to communicate better with our staff,” said Steve Kusic, Chief Executive Officer. “Today, more and more consumers are using the Internet to communicate and make payments. With the launch of www.nationalrecovery.com, consumers searching the Internet for NRA will quickly find the tools they need to communicate with us.” They will also find the resources needed to assist them if they are a victim of Identity Theft and how to obtain credit report information.

Check it out atwww.nationalrecovery.com

Clients: for information regarding your accounts placed with NRA,

please visit www.nragroup.com and access NAVIGATE.

Platts 10th Annual Credit And Collections Conference for UtilitiesHyatt Regency Grand CypressOrlando, FLMarch 1-3, 2011

UPCOMING EVENTS

Court Ruling Increases Requirements for Debt Collection Lawsuits insideARM.com – February 10, 2011

A recent state appellate court ruling requiring debt purchasers to provide documented proof of account ownership as part of its evidence to bring a lawsuit against a debtor foreshadows changes for debt buyers’ and collectors’ use of the court system, according to one ARM legal expert.On February 1, the Second Division of the Illinois First District Appellate Court ruled that collection agencies filing a lawsuit to collect a claim on a debt buyer’s behalf must include copies of all previous owners, the date of assignment to those owners, and the amount paid by the debt buyer. Typically, collection attorneys are allowed to submit to the courts a list of delinquent accounts with some identifying consumer information and amounts owed to initiate a lawsuit. But in Unifund CCCR Partners v. Mohammad Shah, the three-judge panel unanimously agreed that Illinois law requires more than an affidavit of the debt’s chain of title to prove assignment. Justice Maureen E. Conner wrote that state law requires that an affidavit must accompany copies of each assignment to ensure that the person suing someone has the legal right to do so.

Collection attorney Ronald Canter, of The Law Offices of Ronald S. Canter, LLC in Rockville, Md., said the court’s decision reflects a growing trend of requiring debt collection professionals to provide more paperwork if they want to sue debtors.

“There is reason to believe that the trial courts in Illinois will follow this decision and require debt buyers who sue on purchased accounts in their own name to include the full documented chain of title, a statement of consideration paid for the debt, and an account exhibit that includes a specific reference to the assignment and/or bill of sale,” Canter said.

The Federal Trade Commission issued a report last year that called the legal debt collection system “broken”, and encouraged states to take the lead in rectifying the perceived problems. Given the FTC’s stance and political interest in protecting consumers in the wake of the housing mortgage debacle, Canter said “spread sheet accounting is no longer going to be accepted. That’s where the trend is moving both for legislators, regulars and in court decisions.”

Continued to page �

Page 12: 2011

© 2009-2011 National Recovery Agency. All Rights Reserved.®

February - Special Edition 2011 Volume 6 Issue 2

NRA TODAY

VIEW YOUR ACCOUNTS ON-LINE WITH “NAVIGATE”.WWW.NRAGROUP.COM

THIS IS A USER-FRIENDLY AND SECURE SITE THAT YOU CAN USE TO CHECK THE STATUS OF YOUR ACCOUNTS, UPLOAD FILES AND

MORE. NAVIGATE IS A CONVENIENT SITE FOR OUR CLIENTS.

FOR LOGIN INFORMATIONPLEASE CONTACT CLIENT SERVICES!

Sponsored by: THE WALL STREET JOURNAL

NRA RECOGNIZED AS:

FebruaryRobin KirkpatrickShell SharmaFran SimmonsSandra OrtizKevin PorterBiancha Tatum

Janet HernandezSchkira WashingtonYvonne RubyTiffany RiserShantee WilliamsMelvin RojoDashea Chester

Mark Parsells, executive chairman of Global Debt Registry, LLC, agreed. He said some federal and state regulars have met with the Delaware-based debt titling company to educate themselves about available solutions to track and verify consumer debt.

“We’ve met with various regulators at their request and they’ve asked us to explain the solutions,” Parsells said. “They like the solutions and particularly like the fact that our records provide an accurate chain of title at the account level every time the account is transferred.”

But Canter fears that the ruling adds an extra burden on debt buyers and collection agencies doing business because the extra paperwork will increase the cost of the paper and collections. Even scarier, he said, is that debt buyers may have to reveal what they paid for the debt as a condition for suing.

“The public filing of price information disadvantages the debt buyer whose competitors can find out what price the debt buyer/plaintiff paid for their accounts based on a review of court filings,” Canter said. “Public notice of the price also will add ammunition to consumer advocates who constantly complain about accounts sold for pennies on the dollar.”

Some collection agencies and debt buyers may be tempted to fight the changes. But Canter said now is the time for the industry to change and adapt because more courts, legislators and regulars are likely to require the information because it’s available.

“There will have to be an effort to make this information available in a cost effective way…for it to be sold with the account or accessed with the account,” he said.

Permalink: http://www.insidearm.com/daily/debt-buy-ing-topics/debt-buying/court-ruling-increases-require-ments-for-debt-collection-lawsuits/

Continued from page �

National Recovery Agency will be “Bowling for Kids’ Sake” for the third consecutive year. This annual fundraiser benefits Big Brothers Big Sisters of the Capital Region.

Bowl For Kids’ Sake is more than a couple of hours of bowling. It’s Big Brothers Big Sisters’ THANK YOU for helping raise funds for mentoring programs!

When: Sunday, April 3rd Saturday, March 26th

Page 13: 2011

6

© 2009-2011 National Recovery Agency. All Rights Reserved.®

February - Special Edition 2011 Volume 6 Issue 2

NRA TODAY

Ask Dr. DebtConsumers seeking solutions to debt problems have a new

online resource through Ask Dr. Debt, a financial

education Web site that ACA International -- a nonprofit credit association unveiled.

“It’s essentially an online version of ‘Dear Abby’ for consumers with credit and

debt questions,” John Nemo, public relations director for ACA International, said in an e-mail. Nemo said visitors to the site will be able to search a

database of frequently asked questions and submit their own. Ask Doctor Debt also contains interactive tools

to educate consumers, such as budget calculators and a free personal financial

management Web course.

DID YOU KNOW ?National Recovery Agency

is PPMS, PCI-DSS andSAS-70 Type II Certified

NRA IS LOOKING FOR GOOD EMPLOYEES!!

Bill Collectors Face Disclosure Rules By SARA MURRAY

Bill collectors in New Mexico will be soon required to inform borrowers they can’t be taken to court for long-overdue debts, changing the landscape for consumers and creditors in the state.

A handful of states and cities have addressed the issue, which has gained attention from the Federal Trade Commission as debt-collector complaints have risen.

Since April 2010, New York City has required debt collectors to notify consumers in writing if the debt has passed the statute of limitations, known as “time barred.”

Wisconsin and Mississippi have laws that not only eliminate the right to sue on time-barred debts but extinguish the debt entirely.

Statutes vary by state but nearly all have a time limit for credit-card debt.

In New Mexico, Attorney General Gary King adopted a rule in December requiring debt collectors to inform borrowers if the loan they are inquiring about has passed the statute of limitations—four years for most credit-card debt in that state. By law, lenders can’t go to court to collect on such loans.

The rule, which goes into effect in March, is designed to protect consumers, but collection agencies say that it will lead consumers to believe they will escape penalties entirely for not paying their debts.

Instead, the debt can linger on a credit report, generally for seven years.

Complicating the decision for debtors is that even a partial payment on old debt can restart the clock on the obligation and render it no longer “time barred”—a disclosure that the new rule requires debt collectors to make. The risk of unknowingly reaffirming a debt was part of the impetus behind New York’s rule.

“One of the abuses in the debt-collection industry was debt collectors who would misrepresent to people what the risks were about very old debt,” said Jonathan Mintz, commissioner of the New York City Department of Consumer Affairs.

“People can make old debts fresh again by making partial payments.”

The Federal Trade Commission has urged states to take a harder line on collecting old debts.

“Consumers are not aware that collectors cannot lawfully sue to recover on time-barred debt,” the FTC said in July.

.”To prevent deception, collectors who seek to collect debt they know or should know is time barred should disclose that they cannot lawfully sue the consumers.”

Federal Trade Commissioner Julie Brill, in a speech in July, said, “I believe that it is time for Congress to amend federal law to prohibit such collection efforts.” She warned of more FTC enforcement efforts in this area.

Debt-collection agencies say the new rules create unfair burdens on their industry and aren’t as helpful to borrowers as they appear.

The disclaimer could create a false sense of comfort for consumers, David Cherner, legislative director of state government affairs for the Association of Credit and Collection Professionals, said of the New Mexico rule.

“We’ve indirectly put them in a position to believe the debt is not going to impact their life,” Mr. Cherner said.

Nathalie Martin, a University of New Mexico law professor, says that many people in the state “can’t afford to pay all the debts that they owe, so they’re going to have to prioritize.”

The new rules may make it tougher to convince debtors to pay their loans.

A survey by Ms. Martin and colleague Timothy Goldsmith presented nearly 150 respondents with a hypothetical debt, and found 34% said they wouldn’t agree to a payment plan when informed the debt couldn’t be enforced in court. Of those who weren’t told the debt wasn’t legally enforceable, just 6% said they would decline to pay.

New Mexico’s rule stems from a lawsuit against Merchants’ Credit Guide Co., a debt-collection company, for violating state law by failing to notify consumers that it was trying to collect debts that had passed the statute of limitations even though that information would be important, or material, to the consumer.

Page 14: 2011

© 2009-2010 National Recovery Agency. All Rights Reserved.®

VOLUME 6, ISSUE 2March/April 20��

NRA TodayThe Official Newsletter of National Recovery Agency

2007 ~ 2008 ~ 2009 ~ 2010

“A Responsible Revenue Recovery Company™”

by Tomio NaritaSimmonds & Narita LLP February 23, 2011

Should creditors care about the FDCPA? For the most part, original creditors – including banks, credit card issuers, finance companies, telecommunications companies, payday lenders, and other entities that extend credit directly to consumers – do not operate as “debt collectors” as defined by the FDCPA. For this reason, when creditors are trying to collect money from their own customers, they may not pay much attention to the requirements of the FDCPA, or the myriad of cases that have interpreted the statute. But ignoring the FDCPA is not a good idea for creditors who want to collect money from customers located in California. Any creditor who attempts to collect a consumer debt from a California consumer likely qualifies as a “debt collector” under California’s debt collection statute – the Rosenthal Act. See Cal. Civ. Code § 1788.2(c) (“debt collector” includes anyone “who, in the ordinary course of business, regularly, on behalf of himself or herself or others, engages in debt collection.”). The Rosenthal Act not only includes its own set of requirements regulating debt collection, but also incorporates by reference most of the requirements of the FDCPA. See Cal. Civ. Code §1788.17. Thus, a creditor who fails to comply with the FDCPA while

Creditors Must Be Wary of California’s Rosenthal Act and the FDCPA collecting from a California resident may be violating California law. There are two significant exceptions to section 1788.17 of the Rosenthal Act: creditors do not need to provide consumers with the “mini-Miranda” notice required by section 1692e(11) of the FDCPA, nor must creditors send consumers the validation notice mandated by section 1692g of the FDCPA. See Cal. Civ. Code § 1788.17. But the remaining substantive provisions of the FDCPA, as well as the remedies provided by section 1692k(a)(3) of the Act, apply to creditors who collect in California. Id. The FDCPA can be an awkward fit when it is applied to creditors collecting from their own customers. Despite this, courts will often rely on the reasoning employed by FDCPA decisions when evaluating Rosenthal Act claims filed against creditors. See, e.g., Reyes v. Wells Fargo Bank, N.A., 2011 WL 30759 (N.D. Cal. Jan. 3, 2011) (using “least sophisticated debtor” standard to evaluate Rosenthal Act claims against creditor); Thompson v. Chase Bank, N.A., 2010 WL 1329061, at *3 (S.D. Cal. March 30, 2010) (refusing to dismiss Rosenthal Act claims alleging that collection calls made on Easter Sunday, Memorial Day and Mothers’ Day were at “inconvenient” or “unusual” times).Creditors, like traditional debt collectors, must be aware of the volume and pattern of their collection phone calls. Creditors

ATTENTION:THIS IS A VERY

IMPORTANT MESSAGE FROM

NATIONAL RECOVERY AGENCY

For the past six months, NRA has been advancing its technology in many ways. NRA would like to inform you that it has made a decision to upgrade from CR Platinum to the Titanium ORE Collection System. This notice is the first in a series of notifications that is intended to keep you updated and informed of the status of our collection system upgrade.

NRA is excited about the additional flexibility that this system and software offer, thus providing an open receivables environment (ORE) allowing us to mange collections with unparalleled scalability, simplicity and speed.

We wil l be providing updates each Thursday as to the status and our progress regarding this conversion.

Continued to page �

Page 15: 2011

2

© 2009-2010 National Recovery Agency. All Rights Reserved.®

March/April 2011 Volume 6 Issue 2

NRA TODAY

National Recovery Agency is holding its annual fundraiser in the month of April to benefit the ACA International Education Foundation. Donate in April - then wear the entire month of May: Jeans for $25 Sneakers for $25 Flip Flops for $25 Jeans & Sneakers/Flip Flops for $40

Money raised will be donated to the ACA International Foundation and will allow the Foundation to expand its important work in financial education.

obviously have a legitimate need to contact their delinquent customers by phone to make payment arrangements. But the Rosenthal Act, like the FDCPA, prohibits creditors from placing telephone calls repeatedly or continuously with the intent to annoy the person called. See Cal. Civ. Code §§ 1788.11(d), 1788.11(e). Is there a limit on how many call attempts a creditor can make? To date, there are no clear answers, because the reported decisions have involved calls placed by traditional debt collectors, not by creditors. But we can expect that the courts will be guided by the reasoning used in FDCPA cases, considering not only the volume of the calls, but also the calling pattern and the individual facts of the case. See e.g., Arteaga v. Asset Acceptance, 733 F. Supp. 2d 1218, 1229 (E.D. Cal. 2010) (summary judgment for debt collector; evidence of “daily” calls not sufficient to support claim for intent to harass under FDCPA or section 1788.11 of the Rosenthal Act); Rucker v. Nationwide Credit, Inc., 2011 WL 25300 (E.D. Cal. Jan. 5, 2011) (refusing to dismiss claims under FDCPA or sections 1788.11(d), (e) of Rosenthal Act where collector allegedly placed 80 calls to consumer in one year).

Inside this issue:

Creditors Must Be Wary of California’s Rosenthal Actand the FDCPA P.1 Technology Upgrade P.1

ACA InternationalEducation FoundationFundraiser P.2 InsideARM Consumer Complaint Annual Report P.3

Mass. law boosts debtcollection protections P.5

Casey rules to ensure workreaches subcontractors P.5

Bowl For Kids Sake Event P.6

Will courts utilize the Foti line of cases when evaluating the content of voice mail messages left by creditors? The reasoning of the Foti decisions likely will not make sense when applied to a creditor’s voice mails messages, and to date, there are no published decisions on the issue. But creditors should consider that California courts have held that a debt collector’s failure to properly identify itself in a voice mail message can violate both the FDCPA and the Rosenthal Act. See, e.g., Hosseinzadeh v. M.R.S. Associates, Inc., 387 F. Supp. 2d 1104,1117-18 (N.D. Cal. 2005) (collector’s failure to properly identify itself in voice mail messages violated FDCPA and Rosenthal Act); Joseph v. J.J. Mac Intyre, L.L.C., 238 F. Supp. 2d. 1158, 1168 (N.D. Cal. 2002) (same, denying motion to dismiss).Most creditors have procedures in place for dealing with consumers who are represented by attorneys. When a consumer notifies the creditor in writing that she has retained an attorney, the Rosenthal Act prohibits the creditor from initiating communications directly with the consumer – “other than statements of account” – in an attempt to collect the debt. See

Cal. Civ. Code § 1788.14(c). But what if the creditor mails a monthly statement directly to a represented consumer, and the statement includes language noting that the account is delinquent? Unfortunately, the Rosenthal Act does not define the term “statements of account” and the courts in California are split on this issue. See, e.g., Marcotte v. GE Capital Services, 709 F. Supp. 2d 994

Continued from page �

(S.D. Cal. 2010) (granting judgment on the pleadings; monthly billing statements sent directly to represented consumer did not violate section 1788.17 of Rosenthal Act); Moya v. Chase Cardmember Service, 661 F. Supp. 2d 1129 (N.D. Cal. 2009) (denying motion to dismiss claim that monthly statements sent to represented consumer violated section 1788.14 of Rosenthal Act).

Should creditors be concerned about facing Rosenthal Act class actions? Section 1788.30 of the Rosenthal Act does not allow for class actions, and in fact, it specifically limits consumers to pursuing claims “only in an individual action.” See Cal. Civ. Code §§ 1788.30(a), 1788.30(b). Under section 1788.17 of the Rosenthal Act, however, creditors are “subject to the remedies” of section 1692k of the FDCPA. A number of courts have held that consumers may pursue class actions under the Rosenthal Act. See, e.g. Abels v. JBC Legal Group, P.C., 227 F.R.D. 541 (N.D. Cal. 2005) (granting motion to certify Rosenthal Act class action); Gonzalez v. Arrow Financial Continued to page �

Page 16: 2011

© 2009-2010 National Recovery Agency. All Rights Reserved.®

March/April 2011 Volume 6 Issue 2

NRA TODAY

National Recovery places great emphasis on the importance of recovering our client’s portfolio. In addition to traditional methods of payment such as cash, money orders, personal, bank, and certified checks, we accept the following methods of debtor payment over the phone; as well as the ability to pay online at www.nationalrecovery.com.

Western Union/Quick Collect Credit AND DEBIT CardsMoneyGramBank Wire Check By Phone

•••••

METHODS OF ACCEPTABLE PAYMENT:

Check out our client website at www.nragroup.com

Check out our consumer website atwww.nationalrecovery.com

InsideArm.comMarch, 2011

In its annual report on consumer complaints, released in March 2011, debt collection agencies resolved 84 percent of the complaints received compared to an average of 75.8 percent for all industries tracked. Collections agencies rank 19th in the number of inquiries and fifth in the total number of complaints.

Overall, the BBB received 535,224 inquiries about collection agencies in 2010. Of these, 14,966 were complaints and 12,568 were resolved based on BBB standards. Since 2002, collection agencies have been above the national average in resolving more than 80 percent of the complaints filed with the BBB.

Services LLC, 489 F. Supp. 2d 1140 (S.D. Cal. 2007) (denying motion to decertify Rosenthal Act class action).The Rosenthal Act allows consumers to recover any actual damages they sustain by reason of the violation. See Cal. Civ. Code § 1788.30(a). Unlike the FDCPA, however, the Rosenthal Act is not a strict liability statute. Statutory penalties ranging from $100 to $1000 may be recovered, but only if the consumer demonstrates the defendant “willfully and knowingly” violated the Rosenthal Act. See Cal. Civ Code § 1788.30(b). If a willful and knowing violation is shown, are the statutory damages limited to $1000 per action, as in FDCPA cases, or may the consumer recover $1000 per violation? The better-reasoned decisions hold that the consumer is limited to $1000 per action. See, e.g., Scott v. Federal Bond and Collection Service, Inc., 2011 WL 176846, at *3 (N.D. Cal. Jan 19, 2011) (Rosenthal Act statutory damages limited to $1000 per action); Marseglia v. JP Morgan Chase Bank, 2010 WL 4595549 (S.D. Cal. Nov. 12, 2010) (same). One California court,

Continued from page �

however, refused to grant a creditor’s motion to strike portions of a Rosenthal Act complaint that sought $1000 per violation. See Hamberg v. JP Morgan Chase Bank, 2010 WL 2523947 (S.D. Cal. June 22, 2010). What about defenses? Like the FDCPA, the Rosenthal Act includes a “bona fide error” defense, which allows a creditor to prove that any violation was not intentional, and occurred notwithstanding maintenance of procedures reasonably adapted to avoid the violation. See Cal. Civ. Code § 1788.30(e). The Rosenthal Act also has a “right to cure” defense, which permits a creditor, within 15 days of discovering any violation which is “able to be cured” or after written notice of any such violation, to notify the debtor of the violation and to make any adjustments or corrections necessary to cure the violation. See Cal. Civil Code § 1788.30(d). The Rosenthal Act has been around for decades, and the statute has always applied to creditors. During the past few years, however, the Rosenthal Act has become a favorite of consumer attorneys, and the trend appears likely to continue. Creditors with customers in California must be aware that, in light of section 1788.17 of the Rosenthal Act, any attempts to collect in California must comply with the Rosenthal Act and the FDCPA. Tomio Narita is a partner of Simmonds & Narita LLP, a California law firm specializing in defending claims arising under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Rosenthal Act.

Page 17: 2011

NRA FILE TRANSFER VERIFICATION FORM

FILE NAME:

DATE OF TRANSFER:

CLIENT NAME:

CONTACT NAME:

CONTACT PHONE:

CLIENT NUMBER:

PLEASE SUBMIT THIS FORM [email protected]

If you have any questions, please feel free to call IT Supportat 1-800-360-9953 x 6736

PLEASE FORWARD THIS INFORMATION TO THE INDIVIDUAL WHO PLACES YOUR ACCOUNTS WITH OUR AGENCY.

Effective immediately, the following process applies to any and all clients who are referring accounts electronically to NRA. When referring an account file electronically, please use the format below to ensure timely download/upload of your data. It is suggested that you save this page and submit it with each electronic file.

PLACEMENT TOTALS

TOTAL NUMBER OF ACCOUNTS PLACED

DOLLAR VALUE OF ACCOUNTS PLACED $

Page 18: 2011

© 2009-2010 National Recovery Agency. All Rights Reserved.®

March/April 2011 Volume 6 Issue 2

NRA TODAY

Mass. law boosts debt collection protections Governor Deval Patrick By Beth Healy

Globe Staff / January 8, 2011

Governor Deval Patrick yesterday signed into law a bill to provide Massachusetts consumers with greater protection from debt collectors who try to seize their belongings and bank accounts.The new law updates decades-old property exemptions, allowing consumers to keep a car worth up to $7,500 out of reach of collectors, up from $700 in the past. Owners who are 60 or older or disabled will get a $15,000 car exemption. Consumers also may hold on to $2,500 in a bank account, five times the current level.

“It’s a wonderful victory for consumers,’’ said Barbara Anthony, undersecretary of the state’s Office of Consumer Affairs and Business Regulation. “It’s drawing a bright line here in terms of debt collection practices. As a state, we’re not going to tolerate these shoddy, unscrupulous debt collection practices.’’

The legislation, which was sponsored by Senator Patricia D. Jehlen and passed by the Legislature last week, takes effect April 7. It followed a Globe Spotlight series in 2006 that found debt collectors routinely suing people who have fallen behind on credit card bills, and seizing their cars and other property, often without properly alerting them. Small claims courts have since overhauled their rules, but some consumers have still been subject to towing in the past year.A group of Massachusetts collection lawyers did not oppose the new exemptions when the bill was being written, saying that towing cars was often counterproductive.

The law, which has been on the

books since the Colonial era, has some archaic exemptions, like two cows, 12 sheep, two swine, and four tons of hay. It has now been amended to allow each family to keep a computer and a television.

“This new law will protect thousands of struggling Massachusetts residents, and allow them to house, feed, and support their families and continue to work as they struggle to pay debts and get back on their feet after an economic setback,’’ said Robert J. Hobbs, deputy director of the National Consumer Law Center.

Beth Healy can be reached at [email protected].

Casey rules to ensure work reaches subcontractors Central Penn Business JournalThursday, March 17, 2011 12:16 PM

An amendment introduced by U.S. Sen. Bob Casey and approved by the Senate aims to increase accountability by government contractors who list small women- and minority-owned business as subcontractors.

The amendment to the Small Business Innovation Research reauthorization bill, passed Wednesday by a vote of 99-0, includes requirements for contractors to tell subcontractors that they would be listed on a bid before submitting for work from an executive agency, according to a statement from Casey, D-Pennsylvania. It also would also create a system for subcontractors to report potential fraud, his office said.

The amendment came about after senator heard concerns from small businesses in Pennsylvania about contractors listing minority- and women-owned businesses on applications to strengthen their chances of receiving work without the potential subcontractors’ knowledge.The prime contractor then might not allocate the work to the listed subcontractors, who never knew they should get the work in the first place, according to Casey’s office.

The full Small Business Innovation Research reauthorization bill still needs to be passed by the Senate, reconciled with the U.S. House of Representatives and then sent for President Barack Obama’s signature to become law, according to an e-mail statement from Casey’s office.

VIEW YOUR ACCOUNTS ON-LINE WITH “NAVIGATE”.WWW.NRAGROUP.COM

THIS IS A USER-FRIENDLY AND SECURE SITE THAT YOU CAN USE TO CHECK THE STATUS OF YOUR ACCOUNTS, UPLOAD FILES AND MORE. NAVIGATE IS A CONVENIENT SITE FOR

OUR CLIENTS.

FOR LOGIN INFORMATIONPLEASE CONTACT CLIENT SERVICES!

Craig Andrus Julius Flynn Sarah Brown Deb SterlingCharlene Sarver Bryan WentzThomas Zalonis Tasha AdamsTanisha Ellis Regina AndrewsDamon Ogden Mecca HolmanMelissa Briner Keth BlowApril RoblesLaDonna FletcherRashad BennettMichael WestTammy Rudy

HAPPY BIRTHDAY NRA EMPLOYEES:

Page 19: 2011

6

© 2009-2010 National Recovery Agency. All Rights Reserved.®

March/April 2011 Volume 6 Issue 2

NRA TODAY

Ask Dr. DebtConsumers seeking solutions to debt problems have a new

online resource through Ask Dr. Debt, a financial

education Web site that ACA International -- a nonprofit credit association unveiled.

“It’s essentially an online version of ‘Dear Abby’ for consumers with credit and

debt questions,” John Nemo, public relations director for ACA International, said in an e-mail. Nemo said visitors to the site will be able to search a

database of frequently asked questions and submit their own. Ask Doctor Debt also contains interactive tools

to educate consumers, such as budget calculators and a free personal financial

management Web course.

DID YOU KNOW ?National Recovery Agency

is PPMS, PCI-DSS andSAS-70 Type II Certified

NRA IS LOOKING FOR GOOD EMPLOYEES!!

National Recovery Agency third annual “Bowling for Kids’ Sake” fundraiser benefits Big Brothers Big Sisters of the Capital Region.

Bowl For Kids’ Sake is more than a couple of hours of bowling. It’s Big Brothers Big Sisters’ THANK YOU for helping raise funds for mentoring programs!

“NRA BOWLING STONES”Pictured below back row: Tasey Leitzell, Michael Goodyear, Ed Stauffer, Penni Lee, Emma Goodyear

Page 20: 2011

© 2009-2010 National Recovery Agency. All Rights Reserved.®

March/April 2011 Volume 6 Issue 2

NRA TODAY

“NRA BOWL DOGS”Pictured below back row: Chris Bowen, Craig Andrus, and Tyler AndrusFront Row: Yvonne Cooper, Winnie Smith

“NRA PIN COLLECTORS”Pictured from Left to Right: Kimberly Summerlot, Danelle O’Connor, Andrew Schwalm, Karina Goldsmith, Brad Huffman

“NRA BABES WITH BALLS”Pictured below from Left to Right: Cathy Talalai, Tara Gonzalez, Andrea Ross, and Autumn Ware.

Page 21: 2011

© 2009-2011 National Recovery Agency. All Rights Reserved.®

VOLUME 6, ISSUE 5May 20��

NRA TodayThe Official Newsletter of National Recovery Agency

2007 ~ 2008 ~ 2009 ~ 2010

“A Responsible Revenue Recovery Company™”

by insideARM.com – April 25, 2011

Steven Kusic, President & CEO of National Recovery Agency (NRA), announced Monday that an agreement has been reached with the shareholder of ACA Receivables, LLC d/b/a American Agencies (AA) to acquire the assets of the California-based consumer accounts receivable management firm. NRA will operate American Agencies as a wholly owned subsidiary. Terms of the transaction were not disclosed.“NRA is an impressive organization with visionary leadership that made the transaction seamless.

NRA plans to immediately leverage American Agencies sales team with representatives in 14 different states and offices in Provo, Utah and Los Angeles, CA, to expand its national footprint. NRA expects that this acquisition will immediately be significantly accretive to its earnings”, noted Michael D. Lamm of Kaulkin Ginsberg, an M&A advisor on the transaction.

“With the acquisition of American Agencies, NRA is able to further strengthen our infrastructure to enhance our collection services for

National Recovery Agency Acquires California Collection Agency

the benefit of all of our clients, no matter what size, both immediately and long term,” said Steven Kusic.

Founded in 1969, American Agencies has a well-established foundation as a leader in the collection industry for over 40 years. Having a diversified client base, licensing and authority across the United States, American Agencies is a national collection agency leading in commercial and consumer collections.

National Recovery Agency, with over 350 employees, is a leading nationwide provider of receivables management and business process outsourcing solutions. Headquartered in Harrisburg, PA, the company offers outsourced collections, payment processing, and call center services to healthcare facilities, governmental entities, utility companies, retail and direct marketing, financial services, higher education institutions, and debt buyers. NRA has offices in Harrisburg, PA; Mechanicsburg, PA; Provo, Utah; Los Angles, CA; Panama City, Panama and Pune, India.Kaulkin Ginsberg is the leading source of M&A, strategic advice,

and timely information for outsourced business services companies since 1989. The firm has completed over 130 transactions representing in excess of $3 billion in shareholder value for a variety of clients – from small family businesses to Fortune 500 companies. In 2011 Kaulkin Ginsberg is celebrating twenty years in the ARM industry

Inside this issue:

NRA Acquires CA Agency P.1 USPS Rate Hikes P.2

Regulation Z Amended P.2

CR Software collections P.3and receivable certified NRA’s Biggest Losers - Win Big P.3

NRA Joins IPI Trade Association P.5

Featured Book of the Month P.5

Foreclosure ActivityDecreases in First Quarter P.6

Compliance Alert P.7

Page 22: 2011

2

© 2009-2011 National Recovery Agency. All Rights Reserved.®

May 2011 Volume 6 Issue 5

NRA TODAY

National Recovery Agency is holding its annual fundraiser in the month of April to benefit the ACA International Education Foundation. Donate in April - then wear the entire month of May: Jeans for $25 Sneakers for $25 Flip Flops for $25 Jeans & Sneakers/Flip Flops for $40

Money raised will be donated to the ACA International Foundation and will allow the Foundation to expand its important work in financial education.

Check out our client website at www.nragroup.com

Check out our consumer website atwww.nationalrecovery.com

USPS Announces Rate Hikes

ACA International : January 19, 2011

Postal rate increases took effect on April 17, 2011.Share: The United States Postal Service has filed new mailing service prices with the Postal Regulatory Commission. Price increases are limited to the Consumer Price Index cap of 1.7 percent, consistent with the Postal Law of 2006. Actual percentage price increases for various products and services will vary. It has been nearly two years since the last increase.

The new prices become effective on April 17.

Single-piece, one-ounce First-Class letters will remain 44 cents, with additional ounces increased to 20 cents. The price for mailing a postcard will increase one cent. The overall increase is capped at 1.741 percent. More detailed pricing information is available at http://www.usps.com/prices/pricechanges.htm.

Prices for other mailing services, including Standard Mail, Periodicals, Package Services, and Extra Services, also will change. Business mailers will see price increases in a variety of categories.

Experian News : April 2011

Introducing Experian’s Income Insight W2SM – assess individual income and comply with Reg Z

The Federal Reserve Board’s amendment to Regulation Z (Truth in Lending) with respect to the implementation of portions of the Credit Card Accountability Responsibility and Disclosure Act of 2009 (Credit CARD Act) requires credit card issuers to assess borrowers’ “ability to pay” on an individual basis, rather than relying on household income.

Amended on March 18, the update from the Federal Reserve Board confirms earlier portions of the Final Rule which explicitly allowed for the use of “empirically derived, demonstrably and statistically sound models that reasonably estimate a consumer’s income or assets.” Given the new direction outlined in the latest rules, Experian is now offering clients two products to support regulatory obligations and enhance the underwriting and risk assessment process. Experian introduces Income Insight W2SM – a new income model that estimates an individual’s wages, helping lenders comply with the new regulation.

Page 23: 2011

© 2009-2011 National Recovery Agency. All Rights Reserved.®

May 2011 Volume 6 Issue 5

NRA TODAY

Release Date: Thursday, May 05, 2011

Fairfax, VA – CR Software, the world’s leading collections and receivables management software supplier, today announced its collections and receivables management processes have been certified as Section 508 Compliant by the Architectural and Transportation Barriers Compliance Board (“Access Board”). This is in accordance with the U.S. Rehabilitation Act which was amended by Congress in 1998, requiring federal agencies to make electronic and information technology accessible to people with disabilities. CR Software is now fully compliant with Section 508, satisfying the provisions for the visually impaired. These conditions include the requirement of alternative keyboard navigation, essential for people

with vision impairments who cannot rely on viewing screens or pointing devices. “Section 508 increases the availability of accessible technologies, providing the estimated 49 million people with disabilities in the United States with better employment opportunities in the IT sector that fit their talent, skills and interests,” said Ed Wallen, CR Software CIO. “We’re pleased to make our technologies accessible to a much larger percentage of the population.” Section 508 was specifically enacted to eliminate barriers and challenges in information technology and to encourage the development of technologies offering opportunity for people with disabilities. This law applies to all federal agencies when developing, procuring, maintaining or otherwise using electronic and information technology. Agencies must offer disabled employees and members of the public access to information comparable to the access available to others.

About CR Software Established in 1984, CR Software has more than 27 years experience implementing collections recovery and debt management platforms, currently offering Titanium ORE, considered by industry experts the best open architecture platform on the market. Titanium ORE offers the enterprise organization an enhanced set of capabilities as the basis to dramatic increases in recovery revenue, as a Commercial off the Shelf (COTS) solution with a configuration, flexibility and security unavailable from any other software provider.

CR Software collections and receivables management processes have been certified as Section 508 Compliant by the Architectural and Transportation Barriers Compliance Board

VIEW YOUR ACCOUNTS ON-LINE WITH “NAVIGATE”.WWW.NRAGROUP.COM

THIS IS A USER-FRIENDLY AND SECURE SITE THAT YOU CAN USE TO CHECK THE STATUS OF YOUR

ACCOUNTS, UPLOAD FILES AND MORE. NAVIGATE IS A CONVENIENT SITE FOR OUR CLIENTS.

FOR LOGIN INFORMATIONPLEASE CONTACT CLIENT SERVICES!

In a competition between the Paxton and Crossgates offices, NRA employees compete in a company wide contest to shed some weight and commit to becoming healthier. The pounds lost for both offices totalled 182.90 Paxton St = 101.40 and Crossgate = 81.50

And the Winners from Paxton Street are.... Regina Andrews = 14.96% April Robles = 13.93% Elit Faez = 8.24%

And the Winners from Crossgate are... Ashley Williams = 11.56% Mecca Holman = 8.36% Biancha Tatum = 5.98%

CONGRATULATIONS TO ALL OF THE PARTICIPANTS OF THE CONTEST FOR

YOUR HARD WORK!

NRA BIGGEST LOSERS - WIN BIG!

Page 24: 2011

© 2009-2011 National Recovery Agency. All Rights Reserved.®

May 2011 Volume 6 Issue 5

NRA TODAY

HAPPY BIRTHDAY NRA EMPLOYEES:

NRA Joins IPI...

May 18, 2011

NRA is now a member of the International Parking Institution allowing the firm to reach a larger scale of professionals who are experts in parking and transportation flow, economic development, land use, law enforcement, architectural aesthetics and overall quality of life. With its membership, NRA has access to a wide range of cities, port authorities, civic centers, academic institutions, hospitals and healthcare facilities, airports, corporate complexes, as well as the suppliers of products and services to the parking and transportation industries.

About IPIThe International Parking Institute (IPI) is the largest and leading association of parking professionals and the parking industry.

Founded in 1962, IPI’s purpose is advancing the parking profession through a number of initiatives to include,but not limitd to, Leadership, Education and Professional development.

Search for Us! Check out our ad at: http://parkingbuyersguideandconsultantsdirectory.com

In 2010 the CDC released a National Health Interview Survey of 21,375 households with some surprising findings. Consider these:

63 percent of adults living with an unrelated adult but without children had only cells,

nearly four times the rate for related adults without children.

More than 4 in 10 renters had only cells, about triple the rate for homeowners.

15 percent of adults in the Northeast had only cell phones, while the figure for those

in other parts of the country ranged from 22 to 26 percent.

Michael WestTammi Rudy

Deborah SterlingBryan WentzTasha Adams

Regina AndrewsMecca Holman

Keith BlowCrystal Anderson

Ebony WalkerShaquana Watson

FEATURED BOOK OF THE MONTH In recognition of a childhood friend of Steve Kusic and a Dr. originally from the Harrisburg Area.

A clinically proven program that allows you to detoxify from chemical exposure while shedding excess fat

Dr Morrison was on the medical staff at the Atkins Center for Complementary and Alternative Medicine in New York City , where he worked under Dr Robert Atkins, developer of the low carbohydrate lifestyle. He then went on to become the medical director of the Wellness Medical Center of Integrative Medicine in New York City .

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© 2009-2011 National Recovery Agency. All Rights Reserved.®

May 2011 Volume 6 Issue 5

NRA TODAY

Ask Dr. DebtConsumers seeking solutions to debt problems have a new

online resource through Ask Dr. Debt, a financial

education Web site that ACA International -- a nonprofit credit association unveiled.

“It’s essentially an online version of ‘Dear Abby’ for consumers with credit and

debt questions,” John Nemo, public relations director for ACA International, said in an e-mail. Nemo said visitors to the site will be able to search a

database of frequently asked questions and submit their own. Ask Doctor Debt also contains interactive tools

to educate consumers, such as budget calculators and a free personal financial

management Web course.

DID YOU KNOW ?National Recovery Agency

is PPMS, PCI-DSS andSAS-70 Type II Certified

NRA IS LOOKING FOR GOOD EMPLOYEES!!

ACA InternationalApril 21, 2011

Processing delays drop foreclosure activity to the lowest total since the first quarter of 2008.Foreclosure filings—default notices, scheduled auctions and bank repossessions—were reported on 681,153 U.S. properties in the first quarter of 2011, according to the RealtyTrac U.S. Foreclosure Market Report. The total number of filings represents a 15 percent decrease from the previous quarter and a 27 percent decrease from the first quarter of 2010. The report shows one in every 191 U.S. housing units received a foreclosure filing during the quarter.Foreclosure filings were reported on 239,795 U.S. properties in March, a 7 percent increase from the previous month, but still down 35 percent from March 2010, when 367,056 homeowners received a foreclosure notice—the highest monthly total in the history of the RealtyTrac monthly report since its inception in January of 2005.“The nation’s housing market continued to languish in the first quarter, even as foreclosure activity fell to a three-year low,” said James J. Saccacio, chief executive officer of RealtyTrac. “Weak demand, declining home prices and the lack of credit availability are weighing heavily on the market, which is still facing the dual threat of a looming shadow inventory of distressed properties and the probability that foreclosure activity will begin to increase again as lenders and servicers gradually work their way through the backlog

Foreclosure Activity Decreases 15 Percent in Q1 2011

of thousands of foreclosures that have been delayed due to improperly processed paperwork.”A total of 197,112 U.S. properties received default notices for the first time in the first quarter, a 17 percent decrease from the previous quarter and a 35 percent decrease from the first quarter of 2010. Foreclosure auctions were scheduled for the first time on a total of 268,995 U.S. properties in the first quarter, a 19 percent decrease from the previous quarter and a 27 percent decrease from the first quarter of 2010. Lenders foreclosed on 215,046 U.S. properties in the first quarter, a 6 percent decrease from the previous quarter and a 17 percent decrease from the first quarter of 2010.Nevada posted the nation’s highest state foreclosure rate, with one in every 35 housing units with a foreclosure filing, despite a 10 percent decrease in foreclosure activity from the previous quarter. In March, Nevada’s foreclosure activity increased 35 percent from February after two straight monthly decreases.Bank repossessions increased 26 percent in Arizona from February to March, keeping the state’s foreclosure rate the second highest in the nation for the first quarter: one in every 60 Arizona housing units received a foreclosure filing during the quarter.Other states with foreclosure rates ranking among the top 10 in the first quarter were California, Utah, Georgia, Michigan, Florida, Colorado and Illinois.

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© 2009-2011 National Recovery Agency. All Rights Reserved.®

May 2011 Volume 6 Issue 5

NRA TODAY

April 25, 2011

In April, National Recovery Agency’s employees participated in Collectors Challenge Month which raised $1,340. NRA employees were able to wear jeans, sneakers, and/or flip flops for a donation. Collectors Challenge Month is a fundraiser supporting ACA International’s Education Foundation. This fundraiser helps create a more positive public image of the collection industry with ACA programs such as “Ask Doctor Debt”, which is a fast, free, and friendly consumer education website that offers consumers a vast array of information and tools to seek solutions to their credit and debt issues.

Collector’s Challenge

May 31, 2011 Kim Summerlot

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© 2009-2011 National Recovery Agency. All Rights Reserved.®

VOLUME 6, ISSUE 6October 20��

NRA TodayThe Official Newsletter of National Recovery Agency

2007 ~ 2011

“A Responsible Revenue Recovery Company™”

National Recovery Agency Announces the Successful Completion of itsSSAE 16 Compliance Audit

Inside this issue:

NRA Completes SSAE 16 P.1 NRA’s Food Drive P.1

Toy Drive Begins at NRA P.2

Postal Service Adjustments P.2

NRA is ranked among the area’s Top 50 Fastest Growing Companies P.3

Blood Drive P.4Compliance Alert

MD High Court Approves P.4rules to protect consumersfrom debt collections

Harrisburg, PA, August 3, 2011 - National Recovery Agency (NRA), an industry-leading accounts receivable management company, announced

today it has achieved Type II SSAE 16 compliance. The successful completion of this internationally recognized third-party assurance audit confirms that the company’s controls, procedures, and processes are in place as intended. “As an organization, we recognize that we have a responsibility to our clients,” Steve Kusic, President. “We are always looking for ways to improve our systems and processes to ensure the highest levels of security and confidence.” The SSAE 16 (Statement on Standards for Attestation Engagements No. 16) is the new operating standard replacing the widely recognized SAS 70 audit. SSAE 16, seen as more comprehensive and expansive than SAS 70, goes beyond the prior audits requirements to include a description of both a service organization’s controls and systems, as well as a written assertion by management.

Website: http://www.nragroup.com Twitter: http://twitter.com/nragroup

It is that time of the year again. National Recovery Agency’s food drive begins!

The Central Pennsylvania Food Bank distributes more than 20 million pounds food and grocery products every year to more than 600 soup kitchens, shelters, and food pantries in 27 central Pennsylvania counties. These agencies directly feed thousands of hungry families throughout central Pennsylvania.

Every year NRA partners with the Central Pennsylvania Food Bank to promote a company-wide food drive. Our goal this year is 500 pounds of food!

VIEW YOUR ACCOUNTS ON-LINE WITH “NAVIGATE”.

WWW.NRAGROUP.COMTHIS IS A USER-FRIENDLY AND SECURE

SITE THAT YOU CAN USE TO CHECK THE STATUS OF YOUR ACCOUNTS, UPLOAD

FILES AND MORE. NAVIGATE IS A CONVENIENT SITE FOR OUR CLIENTS.

FOR LOGIN INFORMATIONPLEASE CONTACT CLIENT SERVICES!

STOP by and see us at the Florida

Parking Association Conference

December 6th - 9thFort Myers, FL

http://www.flparking.org

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© 2009-2011 National Recovery Agency. All Rights Reserved.®

October 2011 Volume 6 Issue 6

NRA TODAY

NRA’S Annual Toy Drive Begins Beapartofthemagic! National Recovery Agency is holding its annual Toy Drive to bring Christmas cheer to children in need. Employees are asked to donate a new, unwrapped toy and we will present the gifts to deserving youngsters in Central Pennsylvania who might otherwise not receive a single gift this Christmas.

Thanks to the generosity of caring individuals, families, businesses, churches, and organizations that donate to the Volunteers of America Holiday Toy Drive, hundreds of under-served children can experience the excitement and joy of receiving a Christmas present.

The holiday song says “May your days be merry and bright,” yet not everyone’s holidays will be merry this season. Some families are desperately struggling to make ends meet. With cold weather on the way, winter clothing, heating and other bills add up to make holiday spending a luxury for disadvantaged families. While we cannot solve all the problems people are facing, together, we can help make the season more meaningful and celebrate.

Above: Alonzo Hankerson, Human Resources and Ashley Williams-Johnson Manager of Compliance and Training a Vampire Duo

Above: Roslyn Seydou doesn’t clown around when it comes to collecting money for National Recovery Agency.

Postal Service Adjusts Mailing Services Prices for 2012

PennyIncreaseinPriceofForeverStampsFirstSinceMay2009

October 18, 2011 about.usps.com WASHINGTON — Beginning early next year, it will cost just a penny more to mail letters to any location in the United States, the first price change for First-Class Mail stamps (Forever stamps) in more than two and a half years. The new 45-cent price for Forever stamps is among price changes filed with the Postal Regulatory Commission today.

Highlights of the new single-piece First-Class Mail pricing, effective Jan. 22, 2012, include:• Letters (1 oz.) – 1-cent increase to 45 cents• Letters additional ounces – unchanged at 20 cents • Postcards – 3-cent increase to 32 cents• Letters to Canada or Mexico (1 oz.) – 5-cent increase to 85 cents.• Letters to other international destinations – 7-cent increase to $1.05

Prices also will change for other mailing services, including Standard Mail, Periodicals, Package Services and Extra

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© 2009-2011 National Recovery Agency. All Rights Reserved.®

October 2011 Volume 6 Issue 6

NRA TODAY

National Recovery Agency (NRA) is number 25 among the area’s Top 50 Fastest Growing Companies

Harrisburg, PA (October 16, 2011) – National Recovery Agency is proud to announce its rank of number “25” on the fifteenth annual list of the fifty top businesses making significant contributions to the growth, strength and success of the Central PA economy. An event was held this morning at the Hilton Harrisburg to recognize the winners and announce their ranks. In addition to the awards breakfast, the “Top 50 Fastest Growing Companies” will be profiled in a special supplement to the September 23, 2011, issue of the Central Penn Business Journal, with information on each company’s financial growth.

In order to be eligible for nomination, companies had to be public or private, for-profit entities headquartered in Adams, Cumberland, Dauphin, Lancaster, Lebanon, Perry or York County. They were required to show revenue of at least $500,000 in each of the fiscal years ending 2008, 2009, and 2010; then demonstrate revenue growth for 2010 as compared to 2008.

SF&Company calculated the nominations and then ranked the companies according to revenue growth over the three-year period. Both dollar and percentage increases were taken into consideration, which led to the list of the 2011 Top 50 Fastest Growing

Companies, consisting of both large and small companies. NRA is a nationwide collection agency, providing specialized debt management and collection solutions. Since its inception in 2005, NRA has relied on the highest standards in staffing and technology in order to offer the most innovative and comprehensive solutions

for its clients. NRA empowers more than 250 talented employees across its three call centers with advanced technology, data management tools, and leading edge business practices to exceed the expectations of its clients. The “Top 50 Fastest Growing Companies Awards” are a program of the Central Penn Business Journal and is presented by SF&Company. Other sponsors include: Citizens Bank; Comcast Business Class; Highmark Blue Shield; and Rutan Productions. More information about the awards program and winners can be found on the Central Penn Business Journal’s website at www.CentralPennBusiness.com.

Services. Today’s announcement does not affect Express Mail and Priority Mail prices. More information on the new pricing is available athttp://about.usps.com/news/national-releases/2011/pr11_factsht_pricechng_1018.pdf.

“The overall average price increase is small and is needed to help address our current financial crisis,” said Postmaster General Patrick Donahoe. “We continue to take actions within our control to increase revenue in other ways and to aggressively cut costs. To return to sound financial footing we urgently need enactment of comprehensive, long-term legislation to provide the Postal Service with a more flexible business model.”While actual percentage price increases for various products and services varies, the overall average price increase across all mailing services is capped by law at 2.1 percent, the rate of inflation calculated based on the Consumer Price Index.

For business mailers, today’s announcement offers good news for First-Class Mail Presort mailers. When the new prices go into effect on Jan. 22, the second ounce for presorted letters will be free. “This gives companies expanded opportunities to advertise new services and products to their customers as part of bill and statement mailings,” said Paul Vogel, president and chief marketing/sales officer.

And new for all customers is a 3-month pricing option to rent PO Boxes, perfect for people on the move and others who need a PO Box for a short time period.The Postal Service receives no tax dollars for operating expenses and relies on the sale of postage, products and services to fund its operations.

Continued from page �

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© 2009-2011 National Recovery Agency. All Rights Reserved.®

October 2011 Volume 6 Issue 6

NRA TODAY

Compliance Alert

~ DBA Member Alert ~ 10/1911

FLORIDA FINANCIAL SERVICE COMMISSION AMENDS RULES RELATING TO COLLECTION AGENCIES - EFFECTIVE OCTOBER 25, 2011

On October 18, 2011, the State of Florida published the Final Rules on Debt Collection Section 69v-180.040 – 69V-180.100. The Final Rules contain changes in document retention requirements and fine increases. The Rules become effective October 25, 2011. DBA International is pleased to have been allowed to submit comments and participate in meetings with the Florida Financial Services Commission along with the ACA and the Florida Collectors Association. DBA and the other organizations were successful at getting the Commission to amend language specifically related to the degree with which debt buyers need to provide documentation. The Final Rules should be read in detail but are summarized as follows:Retention requirements:• All books, accounts, records, documents, and receipts must be maintained for at least 3 years from the satisfaction of the debt or ceasing of the collection efforts. • Written policies and procedures for the secure handling of all consumer documents including a secure method of destroying consumer information.

TCPA - H.R. 3035, The Mobile Informational Call Act

U.S. House of Representatives Energy and Commerce Committee’s Subcommittee on Communications and Technology announced late last Friday that it has scheduled a hearing on H.R. 3035, The Mobile Informational Call Act. The

The Records to be maintained include:• If the debt collector is a debt buyer or is an assignee holding title to the debt, the debt buyer’s or assignee’s bill of sale or other written document executed by the debt buyer or assignee that contains when and from whom the debt was acquired. • A record of payments made by the debtor, including the date received and the amount and balance owing. • All form letters and stationery used by a registrant shall be maintained in a file and made available at all times for review by the Office of Financial Regulation. • Documentation of the debt provided by the creditor. • The amount of the debt at the time of charge-off or at the time of receipt of the debt by the registrant for purposes of collection and an itemization of all interest, fees, or charges added to it by the registrant.

Changing Seasons... Changing Lives...

Each year, NRA employees get pumped to save lives

by participating in the American Red Cross Blood Drive.

Since January of 2011, NRA has contributed over 95 units of blood to the American Red Cross.

In May and June, donations were at the lowest level the Red Cross has seen in this time frame in over a dozen years, while demand for blood products remained steady.

Donors with Type O & Type B negative blood are encouraged to consider double red cell donation.

Critical Blood ShortageThe Red Cross has issued an appeal for blood donors of all types due to a critical blood shortage across our nation. All types are needed, but especially type O negative.

Md. high court approves rules to protect consumers from debt collection

Moreproofwillberequiredthatcompanies own debts, attorney says

September 07, 2011|By Steve Kilar and Jamie Smith Hopkins, The Baltimore Sun Maryland’s highest court on Wednesday approved changes to a set of rules that require debt collectors to provide greater proof that they are entitled to sue consumers, according to a Baltimore-based legal advocacy group. The Maryland Court of Appeals agreed to revise three rules of the Maryland Rules of Procedure that will, in part, force companies that buy past-due consumer debts — and attempt to collect by suing — to present sufficient evidence to back up their claims, said Jonathan F.

hearing was held on Friday, November 4, 2011. H.R. 3035 will modernize the Telephone Consumer Protection Act to allow businesses to use assistive telecommunications technology, such as predictive dialers, to contact consumers on their wireless numbers for calls that do not constitute a solicitation.

Continued to page �

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© 2009-2011 National Recovery Agency. All Rights Reserved.®

October 2011 Volume 6 Issue 6

NRA TODAY

UPCOMING EVENTSHarris, an attorney with the Public Justice Center. A court committee recommended the new rules in June at the urging of the Maryland Attorney General’s Office and the Department of Labor, Licensing and Regulation. When debt buyers purchase defaulted accounts from credit-card firms and other creditors, they pay a cut-rate price for what usually amounts to “only minimal information regarding each debt and debtor,” the rules committee concluded.The companies then swear in affidavits that the information is accurate, though they frequently don’t pay to acquire documents — such as signed agreements or a list of purchases — to verify the details in the databases they have purchased, the attorney general’s office said.

BLOOD DRIVETuesday, November 8, 2011National Recovery AgencyPaxton Street 12:30 PM - 3:30 PM

Thursday, November 10, 2011National Recovery AgencyCrossgate 1:00 PM - 4:00 PM

FLORIDA PARKING ASSOCIATION32nd Annual Conference & TradeshowDecember 7 – 9, 2011 Sanibel Harbour Marriott Resort & Spa

Direct Marketing Credit Association (DMCA) Holiday Party December 8, 2011New York City

PLATTSFebruary 29th - March 2ndOrlando Florida

Above: Charlene Sarver, Dialer/Collection Manager - A One of a Kind Collection Kitten

Right: Toney Fedullo, Business Development Manager is one class act performing Old School Collections

Below: Melissa Rice, Account Representative

There is only one time a year that Melissa Rice is permitted to scare debtors into paying.

Continued from page �

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© 2009-2011 National Recovery Agency. All Rights Reserved.®�

VOLUME 6, ISSUE 7November/December 20��

NRA TodayThe Official Newsletter of National Recovery Agency

2007 ~ 2011

“A Responsible Revenue Recovery Company™”

The Season of Giving: NRA Group, LLC d/b/a National Recovery Agency and its wholly owned subsidiary, American Agencies contributes to a number of local charities during the 2011 holiday season.

Every Drop Helps...

NRA has been conducting quarterly blood drives since 2005.

On November 8, 2011, 39 individuals registered to donate blood at our Paxton Street office. 21 pints of blood were collected. On November 10, 2011, 15 individuals registered to donate blood at our Crossgate Drive office. 10 pints of blood were collected. Each year, the Central Pennsylvania Blood Bank uses 85,000 pints of blood to support the hospitals of Central Pennsylvania. Every single pint of blood that is collected is a result of volunteer donors. There is simply no way the Blood Bank can provide this lifesaving gift without your support. Thank you to everyone that donated and attempted to donate blood. Hospitals and patients throughout Central Pennsylvania have benefited from your generosity.

The Holiday Wish List For Collectors

Collections & Credit Risk | Friday, December 16, 2011 By David Ingram

In a recent article published by Collections & Credit Risk, we discover what is on the wish list of collectors throughout the nation.

The following five desires are identified as important topics as we move into the upcoming 2012 year.

1. A friend at the Consumer Financial Protection Bureau, or CFPB.

2. Ability to communicate with debtors using the technology they prefer.

3. Regulatory reform to curb frivolous lawsuits.

4. Speed up access to credit to worthy applicants.

5. Better solution for obtaining documented proof-of-loan information about debtors.

To obtain a full copy of the article by David Ingram, please visit: http://www.collectionscreditrisk.com/news/the-holiday-wish-list-for-collectors-3008879-1.html

* Thanks to Bill Barnshaw of MRS Associates, Inc.; Steve Kusic of National Recovery Agency; Nick Machol of Machol & Johannes; and Matthew Maloney of First Financial Asset Management for their holiday wish list contributions.

David Ingram is Senior Marketing Director at Experian.

PLATTSFebruary 29th - March 2ndOrlando Florida

NRA BIGGEST LOSER January 6, 2012 - May 2012

BLOOD DRIVEJanuary 17, 2012Paxton Street Office

January 18, 2012Crossgate Office

UPCOMING EVENTS

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© 2009-2011 National Recovery Agency. All Rights Reserved.®

November / December 2011 Volume 6 Issue 7

NRA TODAY

NRA Group, LLC d/b/a National Recovery Agency and its subsidiary American Agencies have joined forces to donate a record breaking 1,096 pounds of food to the Central

Pennsylvania Food Bank – the most collected since the organization started the food drive in 2004.

Steven C. Kusic, CEO, states: “I’m proud to lead a team of such giving individuals, and would like to thank them for their continued generosity to the public. It makes me proud that so many people are willing to give in tough times and are willing to put a smile on someone else’s face. You really get a true sense of appreciation.”

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 Pennsylvania.

Inside this issue:

Blood Drive P.1 The Holiday Wish List P.1For Collectors

Food Bank P.2

Annual Toy Drive P.2

NRA Christmas Pet Contest P.3

2011 Awards Presentation P.3

Foti Compliance P.3

NRA Kicks Off Biggest P.4Loser Contest

NRA’S Annual Toy Drive Is there anything more wonderful than giving a gift to a child who may not otherwise receive one? National Recovery Agency’s employees were asked to donate new, unwrapped toys in support of this year’s toy drive. The 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 Pennsylvania who might otherwise not receive a single gift this Christmas.

Thanks to everyone who donated this year!

REMINDER:

Our offices will be closed Monday, January 2, 2012. Normal business hours will

resume on January 3, 2012.

Have a safeand happy new year!

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© 2009-2011 National Recovery Agency. All Rights Reserved.®

November / December 2011 Volume 6 Issue 7

NRA TODAY

Compliance Alert

2011 Pet Photo Contest: This year marks the first year for NRA’s Christmas pet photo contest. Employees were asked to supply photos of their pets. Employees were then allowed to vote on their favorite entry.

Here are the top three winners of our 2011 Pet Photo Contest. A big thank you to everyone who entered and congratulations to the winners!

WINNERRUDOLPH DOG “PEANUT”OWNER: A. CHILLE

1ST RUNNER UPSANTA CAT – “BOWNITA”OWNER: E. GOODYEAR

2ND RUNNER UPCANDY CANE STEALING DOG – “OT”OWNER: T. FEDULLO

Thank you to all who participated!

Christmas petphotocontest

Each year NRA recognizes employees who have dedicated and committed themselves in making the organization a success.

The “Star of the Year” award is awarded to the individual who received the most votes by their peers. Employees vote on specific characteristics such as Professionalism, Work Ethics, and Company Loyalty, etc.

This year’s “Star of the Year” awards go to:

Damon Ogden: Paxton Street Office Chris Bowen: Crossgate Office Craig Andrus: American Agencies

Additional awards chosen by management and presented include:

Team Player of the Year 2011: Biancha Tatum, Crossgates Office Andrew Schwalm, Paxton Street Office

Community Caring AwardsTrish Moritz - Toy DriveCharlene Sarver – Blood DriveTasey Leitzell - Food Drive

2011 Awards Presentation

FDCPA Ruling in Favor of Collector Defines One Aspect of “Communication” by Patrick Lunsford – insideARM.com – December 22, 2011

A federal appeals court Wednesday published an opinion in favor of a debt collection agency that not only attempted to define a narrow aspect of a “communication” under the FDCPA, but awarded costs to the ARM defendants. The United States Court of Appeals for the Tenth Circuit affirmed a lower court ruling in favor

of the defendants in the case Olivea Marx v. General Revenue Corporation (GRC). In doing so, the court found no violation of the Fair Debt Collection Practices Act (FDCPA) and awarded costs to GRC in the amount of $4,543. The initial case was filed October 2008 after the plaintiff defaulted on a student loan assigned to GRC. Marx claimed that a fax sent to her workplace for the purpose of employment verification violated the FDCPA’s prohibition on third

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© 2009-2011 National Recovery Agency. All Rights Reserved.®

November / December 2011 Volume 6 Issue 7

NRA TODAY

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 impact as it relates to Foti entanglements is yet to be determined. The case, does however, provide a clear path for winning costs from a plaintiff in a defendant victory. The question before the appellate court was whether a defendant could recover costs should they prevail and 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 eligible to recover attorney’s fees. But in exploring the FDCPA for costs, both courts determined that the language of the FDCPA does not tie the awarding of attorney’s fees to the awarding of costs. Thus, GRC was awarded $4,543 in costs and that decision was affirmed in Wednesday’s ruling. The full opinion can be read on the court’s website.

Continued from page �

WE’LL KICK IT OFF ON JANUARY 6, 2012

The NRA Biggest Loser contest starts January 6, 2012. The contest will run 18 weeks and prizes will be awarded to the individual who loses the highest percentage of body weight!

Who’s it going to be this year?Stay tuned for the results!!

IT’S BACK!!!

NRA BIGGEST LOSER CONTEST 2012