Collection Agency Compliance
Here are five questions you can ask your collection agency or prospective debt collector to see if they are following the laws and not exposing you to legal liability:
1. Are they compliant with the following collections laws:
– Fair Debt Collections Practices Act (FDCPA)
– Telephone Consumer Protection Act (TCPA)
– Health Insurance Portability and Accountability Act (HIPAA)
– State debt collection laws
The answer should be yes to all of these.
2. Do they perform criminal background checks on collectors in required states?
3. How are cell phone debt collection calls handled?
The rules governing cell phones change and can be very complex. You want a collection agency that can navigate these laws and offer your business of practice a Hold Harmless Agreement if mistakes are made.
4. Do they know what Protected Health Information (PHI) is?
PHI is any information about health status, provision of health care, or payment for health care that can be linked to a specific individual. This is interpreted rather broadly and includes any part of a patient’s medical record or payment history. They better know what it is if they are doing medical collections from any patient.
5. Are they licensed to collect in the states where your debtors reside?
It’s very important that your collection agency can legally collect in the states where your debtors are.
You can rest assured that Rash Curtis & Associates goes above and beyond to maintain complete compliance with all laws, certifications and industry regulations.