Professional Documents
Culture Documents
Challenges
Leader's Guide
License Info:
"I understand that the material I'm about to download is the copyrighted property of Telephone Doctor, Inc.
and licensed solely for use by those clients who have long-term licensed the accompanying DISCUSSION
CATALYST® program.
If my organization has previously long-term licensed the accompanying video program, I understand I'm
authorized to duplicate, modify, or customize this leader's guide only for training use inside my organization.
I understand that under no circumstances am I able to reprint or duplicate any Telephone Doctor® video
program or other Telephone Doctor® printed material."
Telephone Doctor® Customer Service Training is a member of the Training Media Association which
detects, pursues, and prosecutes copyright violators to the fullest extent of the law. To report an act of
piracy, please call 800.882.9911 or E-mail info@telephonedoctor.com.
Telephone Doctor® Customer Service Training assumes no patent liability with respect to the use of the
information contained herein. While every precaution has been taken in preparing this material, the publisher
is not responsible for errors or omissions, or for any damages or injury resulting from the use of the
information contained herein.
Before you begin, start by letting your group know the ground rules: They'll watch each scene, stop the
program, then talk about what they just saw. After your discussion, the presenter, Nancy Friedman, will be
back with some thoughts.
The goal is to help them understand the policies at your organization. In many cases, it'll be up to you to
help build consensus and aim your group to arrive at the proper outcome.
Open-Ended Questions/Phrases:
1
Use these immediately after stopping the program. Examples include:
1. "What did you think about that?"
Take Control:
While group input is key, the objective for your session is to have your team be clear about your
organization's unique policies. An effective group leader will manage the comments from the group in such a
way as to lead your trainees down the path they need to go.
Good luck and have fun! Please direct feedback about this program to info@telephonedoctor.com.
IMPORTANT: This training program is not meant to present a complete account of the Fair Debt
Collection Practices Act. These vignettes were developed as a tool to assist in educating your employees.
The goal is to help them recognizing some of the pitfalls of professional collections. The content of the video
program and/or its leader’s guides are not a substitute for legal advice. In the event legal advice is
necessary, consult your attorney. Telephone Doctor, Inc. shall in no event become liable for the
interpretation or use of its materials by the end user and user waives all recourse against Telephone Doctor,
Inc.
The FDCPA - The Fair Debt Collection Practices Act was enacted in 1977 by Congress. Here's the
actual wording from the Act on why FDCPA was needed.
15 § 802. Congressional findings and declaration of purpose
USC
a. There is abundant evidence of the use of abusive, deceptive and unfair debt collection
1692
practices by many debt collectors. Abusive debt collection practices contribute to the
number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions
of individual privacy.
b. Existing laws and procedures for redressing these injuries are inadequate to protect
consumers.
c. Means other than misrepresentation or other abusive debt collection practices are
available for the effective collection debts.
2
directly affect interstate commerce.
e. It is the purpose of this title to eliminate abusive debt collection practices by debt
collectors, to insure that those debt collectors who refrain from using abusive debt
collection practices are not competitively disadvantaged and to promote consistent State
action to protect consumers against debt collection abuses.
More about the FDCPA
The FDCPA is a Federal Law, so it affects collectors throughout the nation who collect consumer debts,
meaning debts, which were for personal, family or household purposes. Originally the Act only applied to
collection agencies, but later was expanded to include collection attorneys and in some instances to even
affect creditors. Some states have passed their own Debt Collection Practices Acts and many of these state
laws are stricter than the Federal Act. The Fair Debt Collection Practices Act doesn't just ask collectors to
"Be nice." It requires some very specific language and if the collector fails to comply, the violation can have
very costly consequences.
Why the Discussion Catalyst format?
This format has been billed as a particularly effective training tool. We have received comments that single
out various factors that increased the effectiveness.
These factors include:
1. Active participation vs. passive video watching; participants stay alert, involved through spirited
classroom discussion.
Compliance with the FDCPA is one component of the policies and procedures unique to every
organization. This format allows the skilled presenter to incorporate sometimes mundane
policy/procedure manual information into a fun, creative presentation.
2. The initial contact to the debtor carried the information that you are a debt collector attempting to
collect a debt and that any information obtained will be used for that purpose.
Dan Kramer, a partner in Kramer and Frank, a firm specializing in collections, well known
throughout the collection industry, calls this the mini-Miranda. It's a mandatory notice that the
debtor needs to be advised of the fact that you're a debt collector.
3. Because your company may have specific policies and/or your state's collection laws may be more
stringent then FDCPA. Please add to the observations and comments as befits your specific
situation.
Scene #1:
We saw Joe make a collection call to Oscar Champion. What comments do you have about Joe's attitude?
2. How much did the bill run on the hospital emergency room?
3. Does Oscar have any medical or health insurance to help cover the emergency room bill?
3
Oscar mentioned his wife. What questions should Joe have asked about Oscar's wife?
1. Does she work too?
2. Getting the debtor angry usually stiffens their resistance to paying the balance in a timely fashion.
Scene #3:
Joe called Mr. Nichols at Dot.com Enterprises. In fact, he called him several times that day. Was that a good
idea or a bad idea?
2. The receptionist was routinely screening the call as she has been instructed to do. She probably
asks most callers "what's this in regard to?" Joe's answer should have been something like "it's a
personal matter."
When Joe reached Mr. Nichols about his personal cell phone bill, Mr. Nichols reminded him that he had
instructed Logimax Financial Services people to talk to his attorney. Joe had tried numerous times, but the
attorney hadn't called him back. Was Joe justified in calling Mr. Nichols again?
1. He was not justified in calling the debtor back. Having been told to talk to Mr. Nichol's attorney and
going back to the debtor is a violation of FDCPA "unless the attorney fails to respond under a
reasonable period of time to the communication from the debt collector." Joe's calls to the attorney
appear to be made in a period of weeks, not months, which would probably be construed as a
reasonable time.
2. The information that the attorney, Mr. Sterling was out of town could probably have been verified by
simply asking whoever answered the phone at Mr. Sterling's office, if he was in or out of town.
Scene #4:
4
We watched Cynthia call Karen. Cynthia implied that she was with a law firm. That was inventive, but was it
legal?
1. It's a violation of the FDCPA, to imply you're with a law firm or that you're a lawyer.
2. Not using the correct name of her employer, Logimax Financial, is another violation of FDCPA.
Was Cynthia required to tell Karen that she was a debt collector?
1. Yes, this appeared to be a first contact and FDCPA requires the use of what many in the industry
call, the "mini-Miranda."
"I am a debt collector, attempting to collect a debt and any information obtained will be used for that
purpose."
Cynthia talked about affecting Karen's credit rating in her role as an employee of the law firm. Is that legal or
illegal?
1. Since this whole role is false representation and/or deception, this is another FDCPA violation.
Scene #5:
We watch as a debtor calls in to talk to Joe. That's the good news. The bad news is he's calling to advise
he's filed for bankruptcy. Joe still attempts to collect something on the bill, as long as he has the debtor on
the phone. Is that a good idea or a bad idea?
1. Bad idea. If a debtor has filed, the collector can't take a chance of violating, not FDCPA, but the
Federal Bankruptcy laws.
2. At this point, the collector needs to find out if the debtor filed bankruptcy papers by himself or if he
had an attorney do it. Otherwise, we may be getting lied to.
3. If an attorney is involved, what's his or her name? Address? Phone number? Is this particular debt
you're trying to collect listed in the bankruptcy petition? It's time for verification of the debtor's
statements whether he filed bankruptcy papers himself or had an attorney do it.
Scene #6
Cynthia calls and wakes up Kenny at 2:00 PM. Kenny goes from being hostile to being very hostile and
insulting to the collector. With the debtor getting angry and being unreasonable, was Cynthia justified in
getting angry right back at Kenny?
1. It's hard not to respond to the insults and poor attitude of the debtor but it's not productive. Cynthia
losing her temper only stiffened Kenny's resolve not to pay and gave him an excuse to hang up.
How should a collector handle an angry and abusive debtor?
1. Cynthia needs to stay cool as difficult as that is. She can't take it personally and let the debtor
poison her mood. She should get even by collecting, if at all possible.
Cynthia did a number of things right on this call. What did you notice her doing worthy of comment?
1. She knew Kenny was a tough customer; a tough call to make, but she bravely did it anyway.
2. Cynthia was cheery and pleasant most of the way through the call. She was hoping her mood
would be contagious; unfortunately, his mood was the contagious one.
What will the probable effect of the conversation be?
1. Kenny will remember it vividly.
2. Logimax will probably be paid last or not at all. Kenny's attitude now will likely be that paying will be
caving in and he'll show Cynthia and Logimax how stubborn he can be.
Scene #7:
Joe reaches a debtor who wants some clarification of his debt. He requests a written statement be mailed to
him. In fact, the request has been made before. How should Joe handle this situation?
5
1. Joe breezed right past the request and ignored it. That violates FDCPA.
2. He should apologize for not having it sent out before and should have one sent out promptly.
What about the debtor's request for a copy of his "debtor's rights?"
1. Joe slipped past this request too. The debtor is entitled to that information too.
Finally Cynthia offers to waive the extra $100 if Judy will pay with her credit card right then. What do you
think of this seemingly effective technique?
2. Cynthia seemed to be accommodating and reasonable, but she was using underhanded methods.
We hope you and your attendees found this program to be educational and entertaining.
Thank you.
Dick Friedman
Vice President
Telephone Doctor®