Ari Derman

Greater Chicago Area Contact Info
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Experience & Education

  • Marquette University Law School

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Volunteer Experience

  • Consumer Relations Consortium Graphic

    Legal Advisory Board Member

    Consumer Relations Consortium

    - Present 1 year 4 months

    Education

    The Legal Advisory Board (LAB) is an exclusive team of attorneys (outside counsel) with expertise in the accounts receivable industry who have each pledged their time and resources to support the mission of the Consumer Relations Consortium.

  • AYSO Graphic

    5U-8U Boys & Girls Soccer Coach (Region 1007)

    AYSO

    - Present 4 years 11 months

    Children

    In AYSO and Deerfield Region 1007, Positive Coaching is a core philosophy. We believe that kids best develop as players when they receive positive encouragement and mentoring. For yet another season, I am coaching! Excited to experience the joy of soccer with my kids and the other members of the AYSO family of players and volunteers.

    - Certified completion of AYSO Safe Haven training course
    - Certified completion of CDC Concussion training course
    - Certified completion of…

    In AYSO and Deerfield Region 1007, Positive Coaching is a core philosophy. We believe that kids best develop as players when they receive positive encouragement and mentoring. For yet another season, I am coaching! Excited to experience the joy of soccer with my kids and the other members of the AYSO family of players and volunteers.

    - Certified completion of AYSO Safe Haven training course
    - Certified completion of CDC Concussion training course
    - Certified completion of Safesport training course

  • Camp Ramah in Wisconsin Graphic

    General Committee (2014-2017; 2017-2020; 2020-2023 Terms)

    Camp Ramah in Wisconsin

    - 9 years 1 month

    Education

    As part of the Ramah Wisconsin Committee, we engage with members of the Ramah Wisconsin community across the globe; advise Executive Board and Director on matters related to staffing, development, programming, and outreach; help further Ramah Wisconsin's commitment to building Jewish lives and values through extraordinary camp experiences.

    https://www.ramahwisconsin.com/camp-committees

  • Harris & Harris, Ltd. Graphic

    Special Needs Vocational Mentor

    Harris & Harris, Ltd.

    - 10 years 6 months

    Social Services

    On-site mentor that provides advice, guidance, and assistance to special needs employee(s) at Harris & Harris, Ltd. See our 2014 article from the Ruderman Foundation on this rewarding & unique experience:

    https://rudermanfoundation.org/camp-experiences-relationships-helped-transition-corporate-setting/

Publications

  • Webinar: Compliance Q&A about Webchats and Chatbots

    AcccountsRecovery.Net

    Of all the communication channels that are out there for collectors to interact with consumers today, the channel with the most confusion is chat. Whether you are using a bot or a human to respond and communicate with consumers via chat, knowing what you can and can’t say is potentially riskier than any other channel.

    In this webinar, sponsored by TCN, a panel of legal and compliance experts will answer your questions about webchats and chatbots, to make sure you know everything there…

    Of all the communication channels that are out there for collectors to interact with consumers today, the channel with the most confusion is chat. Whether you are using a bot or a human to respond and communicate with consumers via chat, knowing what you can and can’t say is potentially riskier than any other channel.

    In this webinar, sponsored by TCN, a panel of legal and compliance experts will answer your questions about webchats and chatbots, to make sure you know everything there is to know about it.

    Other authors
    See publication
  • Webinar: Dealing with Private Companies – like Phone Carriers- Regulating the ARM Industry

    AcccountsRecovery.Net

    The Consumer Financial Protection Bureau has given its blessing to debt collectors communicating via text messaging with consumers. But private companies — the phone carriers and aggregators, in this case — are now blocking collection texts because they don’t think their customers should receive them. This is essentially creating a dynamic where private companies are now regulating the collection industry.

    In this webinar, sponsored by Intelligent Contacts, a panel of experts will…

    The Consumer Financial Protection Bureau has given its blessing to debt collectors communicating via text messaging with consumers. But private companies — the phone carriers and aggregators, in this case — are now blocking collection texts because they don’t think their customers should receive them. This is essentially creating a dynamic where private companies are now regulating the collection industry.

    In this webinar, sponsored by Intelligent Contacts, a panel of experts will discuss the state of this situation, break down the impact it is having on the ARM industry, and share some ideas and options for how to find a solution.

    Other authors
    See publication
  • Co-Host: ACA's At the Bar Forum

    ACA International Webinar

    This 45-minute interactive forum has been created to give ARM-industry attorneys—both in-house counsel and litigation defense counsel—an opportunity to engage in professional, collaborative, peer-led discussions focused on recent litigation trends.

    Sessions may cover new theories being tested by the plaintiff’s bar in demand letters; novel litigation claims; litigation defense strategies for handling frequent filers; favorable and unfavorable venues and judges; and other topics than…

    This 45-minute interactive forum has been created to give ARM-industry attorneys—both in-house counsel and litigation defense counsel—an opportunity to engage in professional, collaborative, peer-led discussions focused on recent litigation trends.

    Sessions may cover new theories being tested by the plaintiff’s bar in demand letters; novel litigation claims; litigation defense strategies for handling frequent filers; favorable and unfavorable venues and judges; and other topics than optimize the defense of ARM-relevant claims for you and for the ARM industry as a whole.

    Other authors
    See publication
  • A Look Back on 2023

    AcccountsRecovery.Net

    Those who fail to learn from history are doomed to repeat it. That saying was on the wall of my 11th grade history class. To help us learn everything we need to know about 2023, let’s stop for a minute and take a look back. This will likely be known as the year of the attack on medical debt credit reporting, but there was so much more that happened.

    In this webinar, a panel of experts will talk about their key takeaways from 2023 to help us learn everything we need to know so we don’t…

    Those who fail to learn from history are doomed to repeat it. That saying was on the wall of my 11th grade history class. To help us learn everything we need to know about 2023, let’s stop for a minute and take a look back. This will likely be known as the year of the attack on medical debt credit reporting, but there was so much more that happened.

    In this webinar, a panel of experts will talk about their key takeaways from 2023 to help us learn everything we need to know so we don’t doom ourselves into making mistakes once the calendar turns to 2024.

    Other authors
    See publication
  • Legal Advisory Board Panel Presentation: Trends in Litigation and Regulation in the ARM Space

    Consumer Relations Consortium Fall Meeting

    CRC Legal Advisory Board Members discuss Legal and regulatory updates and trends facing the industry as we head into 2024.

    Other authors
    See publication
  • Candid Conversations: Navigating the CFPB’s Evolving Landscape and Compliance Trends in the ARM Industry

    ACA International Webinar

    Join us for an insightful Huddle featuring two distinguished experts in the field: Colin Winkler, Senior Counsel at ACA International, and Ari Derman, Senior Counsel at Clark Hill. Together, they will delve into the regulatory activity on the horizon and the compliance aspects associated with emerging market trends within the CFPB and ARM industry.

    In this engaging discussion, you’ll gain valuable insights into the CFPB’s Evolving Landscape, Market Trends Impacting Compliance and…

    Join us for an insightful Huddle featuring two distinguished experts in the field: Colin Winkler, Senior Counsel at ACA International, and Ari Derman, Senior Counsel at Clark Hill. Together, they will delve into the regulatory activity on the horizon and the compliance aspects associated with emerging market trends within the CFPB and ARM industry.

    In this engaging discussion, you’ll gain valuable insights into the CFPB’s Evolving Landscape, Market Trends Impacting Compliance and Compliance Best Practices. This Huddle is designed to provide you with actionable knowledge and a deeper understanding of the regulatory landscape. Don’t miss this opportunity to stay ahead of the curve and make informed decisions for your organization.

    Don’t miss this great discussion between our experts!

    Other authors
    See publication
  • ACA Annual Convention: The Compliance Circuit

    ACA International Annual Convention - 2023

    The Compliance Circuit offers a unique opportunity to ask questions, learn and and share best practices on the hottest compliance topics in a "speed dating" format.

    You'll rotate between five round-table discussions, each focused on a specific compliance topic and led by a subject matter expert. With only 10 attendees at each table, you'll have ample opportunity to ask questions and network with peers in a small group setting until the whistle blows forcing you to move to the next…

    The Compliance Circuit offers a unique opportunity to ask questions, learn and and share best practices on the hottest compliance topics in a "speed dating" format.

    You'll rotate between five round-table discussions, each focused on a specific compliance topic and led by a subject matter expert. With only 10 attendees at each table, you'll have ample opportunity to ask questions and network with peers in a small group setting until the whistle blows forcing you to move to the next topic.

    TOPICS INCLUDE:
    Compliance Management Systems (CMS): Ask questions about implementing and managing a compliance management system (CMS) in your organization. Discuss the key components of an effective CMS and strategies for maintaining compliance with legal and regulatory requirements.

    Tracking Phone Calls and Call Frequency Limitations Reg F and State Specifics: Ask questions about the rules and regulations around tracking phone calls and frequency limitations under Regulation F and state-specific regulations. Discuss best practices for maintaining compliance in this area.

    Model Validation Notice (Validation Date/Letter Date/Itemization Date and Consent Under TCPA): Ask questions about the requirements for providing validation notices to consumers, including the specific dates that must be included and the consent required under the Telephone Consumer Protection Act (TCPA). Discuss strategies for staying compliant with these requirements.

    Credit Reporting: Ask questions about the legal and regulatory requirements for reporting credit information to credit bureaus, including the Fair Credit Reporting Act (FCRA) and other relevant regulations. Discuss best practices for complying with these regulations and mitigating risk.

    Texting and Emailing: Ask questions about the rules and regulations around texting and emailing consumers, including requirements under the TCPA, CAN-SPAM Act, and other relevant regulations.

    Other authors
    See publication
  • ACA Annual Convention: Live State Cohort Session

    ACA International Annual Convention - 2023

    Get ready to experience ACA's State Guide Cohort in person! Whether you're an ACA subscriber or not, this course offers a unique opportunity to explore the valuable insights provided by ACA's Guide to State Collection Laws and Practices, affectionately known as "State Guide".

    Our expert panel will deliver the State Guide content just as we would during our highly anticipated July "State Guide Cohort" meeting. Participants will get a glimpse inside a State Guide webinar and discover the…

    Get ready to experience ACA's State Guide Cohort in person! Whether you're an ACA subscriber or not, this course offers a unique opportunity to explore the valuable insights provided by ACA's Guide to State Collection Laws and Practices, affectionately known as "State Guide".

    Our expert panel will deliver the State Guide content just as we would during our highly anticipated July "State Guide Cohort" meeting. Participants will get a glimpse inside a State Guide webinar and discover the most significant updates that we've included from the past six months, including the 2022 EOY recap.

    In addition, we'll provide critical insights into why State Guide has become must-see-TV for ACA members collecting in multiple states. Whether you're new to the industry or a seasoned professional, this course will equip you with the knowledge and tools needed to stay on top of the ever-changing legal landscape in the collection agency space.

    Whether you're a newcomer to the industry or a seasoned professional, this engaging and informative course will provide you with the knowledge and tools needed to stay on top of the ever-changing legal landscape in the collection agency space. You won't want to miss this opportunity to experience State Guide like never before and gain valuable insights into the most significant updates from the past six months. By the end of the course, you'll be better equipped to navigate the complex legal requirements of multi-state collections and make informed decisions that contribute to the overall success of your organization.

    Other authors
    See publication
  • Speaking It Into Existence: A Deeper Dive Into the CFPB Hearing on Medical Billing and Payment Products

    Clark Hill News & Events

    On July 11, the Consumer Financial Protection Bureau (“CFPB”) held a hearing on issues surrounding medical debt and specifically, payment products. Not surprisingly, the invited experts and special guests taking part in the discussion predictably targeted some key themes that are of recent interest to the Bureau: trendy exploitative practices targeting vulnerable individuals, the inadequate protection of consumers in a predatory marketplace, and the urgent need for regulatory reform to address…

    On July 11, the Consumer Financial Protection Bureau (“CFPB”) held a hearing on issues surrounding medical debt and specifically, payment products. Not surprisingly, the invited experts and special guests taking part in the discussion predictably targeted some key themes that are of recent interest to the Bureau: trendy exploitative practices targeting vulnerable individuals, the inadequate protection of consumers in a predatory marketplace, and the urgent need for regulatory reform to address and alleviate these systemic problems. While the panel was comprised of four accomplished consumer rights advocates, representatives from the healthcare and financial services sectors were noticeably absent and did not have an opportunity to confirm or rebut any of the volatile claims made. In this article, we summarize the hearing and point out the need for a nuanced regulatory approach that considers the complexities faced by healthcare providers, emphasizes consumer responsibility, and acknowledges the importance of proper risk assessments pertaining to the payment products discussed.

    Other authors
    See publication
  • Webinar: The Regulatory Trends that Matter Now

    Collections & Recovery (from InsideARM)

    The regulatory environment is extremely difficult to navigate right now. The CFPB is issuing instructions via blog posts, circulars, and other informal means. Many states are developing their own regulations, especially when it comes to the use of AI and data privacy. We’ll cover:

    -Which regulatory trends should collections & recovery executives be most concerned with?
    -How can they ensure compliance with those regulations, and how can they ensure their vendors are compliant…

    The regulatory environment is extremely difficult to navigate right now. The CFPB is issuing instructions via blog posts, circulars, and other informal means. Many states are developing their own regulations, especially when it comes to the use of AI and data privacy. We’ll cover:

    -Which regulatory trends should collections & recovery executives be most concerned with?
    -How can they ensure compliance with those regulations, and how can they ensure their vendors are compliant, too?
    -How will these regulatory trends affect operations?

    Other authors
    See publication
  • Webinar: How Will AI be Regulated and What it Means for Using it to Collect Debts

    AccountsRecovery.Net

    Artificial intelligence and apps like ChatGPT are taking the world by storm, which means we are now starting to see lawmakers and regulators pay attention. This could mean laws or rules aimed at regulating how AI is used in banking broadly, and debt collection specifically. There are still more questions than answers and still a long way to go before we see laws or regulations, but there is little doubt that something will be coming eventually.

    What does that mean for companies seeking…

    Artificial intelligence and apps like ChatGPT are taking the world by storm, which means we are now starting to see lawmakers and regulators pay attention. This could mean laws or rules aimed at regulating how AI is used in banking broadly, and debt collection specifically. There are still more questions than answers and still a long way to go before we see laws or regulations, but there is little doubt that something will be coming eventually.

    What does that mean for companies seeking to deploy AI tools and products now? Will they be regulated out of the industry? Will you have to undo what you have already done in order to be in compliance? In this webinar, a panel of experts will talk about what the industry can expect in terms of regulation of artificial intelligence, to help you prepare accordingly.

    Other authors
    See publication
  • CRC Comments to CFPB Statement Regarding Prohibition on Abusive Acts or Practices

    CFPB Docket No. CFPB-2023-0018

    In April 2023, the CFPB released a policy statement on abusive acts and practices (Policy) and invited comments from interested stakeholders. According to the Consumer Relations Consortium (CRC), the ambiguity and vague concepts in Policy will ultimately harm the consumers the CFPB purports to protect. In its comment, the CRC urged the CFPB to update the Policy to create greater clarity and consistency to avoid this unintended consequence.

    Legal Advisory Board members Jessica Klander…

    In April 2023, the CFPB released a policy statement on abusive acts and practices (Policy) and invited comments from interested stakeholders. According to the Consumer Relations Consortium (CRC), the ambiguity and vague concepts in Policy will ultimately harm the consumers the CFPB purports to protect. In its comment, the CRC urged the CFPB to update the Policy to create greater clarity and consistency to avoid this unintended consequence.

    Legal Advisory Board members Jessica Klander of Bassford Remele, Aryeh Derman of Clark Hill, Justin Penn of Hinshaw and Culbertson, and Jedd Bellman of Orrick prepared the CRC’s June 30, 2023 comments and raised certain key concerns.

    See publication
  • Revealing the Blind Spots: A Critical Review of the CFPB’s Issue Spotlight on Chatbots in Consumer Finance

    Clark Hill News & Events

    On June 6, the Bureau published an Issue Spotlight titled “Chatbots in Consumer Finance,” cautioning against the industry’s reliance on advanced chatbots, saying it can lead to violations of consumer finance laws, harm consumers by providing inaccurate information and diminish customer service. The Spotlight indicates that automated chatbots, especially those fueled by AI and related technology, will be a new area of focus for the CFPB, in terms of both supervision and enforcement. Clark Hill’s…

    On June 6, the Bureau published an Issue Spotlight titled “Chatbots in Consumer Finance,” cautioning against the industry’s reliance on advanced chatbots, saying it can lead to violations of consumer finance laws, harm consumers by providing inaccurate information and diminish customer service. The Spotlight indicates that automated chatbots, especially those fueled by AI and related technology, will be a new area of focus for the CFPB, in terms of both supervision and enforcement. Clark Hill’s Consumer Financial Services Regulatory and Compliance Practice Group breaks down this development from all angles unique to the ARM Industry and beyond.

    Other authors
    See publication
  • ACA Huddle: The CFPB’s New Policy Statement on Abusiveness

    ACA International Webinar

    On the April 19 ACA Huddle, Joann Needleman and Aryeh Derman from Clark Hill PLC will discuss the bureau's statement identifying abusive conduct in the financial marketplace.

    Other authors
    See publication
  • Lowering the Bar: CFPB Unveils Its Playbook on Combatting “Abusiveness”

    Clark Hill News & Events

    On April 3, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) published a broad and wide-ranging Policy Statement on Abusiveness (“Policy Statement”) meant to assist “government enforcers” in identifying and alleging abusive conduct in the marketplace under the Consumer Financial Protection Act of 2010 (CFPA), specifically 12 U.S.C. 5531(d). Clark Hill’s Consumer Financial Services Regulatory and Compliance Practice Group breaks down the particulars and the impact on the ARM…

    On April 3, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) published a broad and wide-ranging Policy Statement on Abusiveness (“Policy Statement”) meant to assist “government enforcers” in identifying and alleging abusive conduct in the marketplace under the Consumer Financial Protection Act of 2010 (CFPA), specifically 12 U.S.C. 5531(d). Clark Hill’s Consumer Financial Services Regulatory and Compliance Practice Group breaks down the particulars and the impact on the ARM Industry.

    Other authors
    See publication
  • CFPB v. PRA, the Sequel

    Clark Hill News & Events

    On March 23, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) announced a proposed stipulated final judgment and order (“Proposed Order”) against Portfolio Recovery Associates (PRA), one of the nation’s largest debt collectors and debt buyers, for violating a prior 2015 CFPB Consent Order (“Prior Consent Order”) and engaging in other related violations of federal consumer financial law. Clark Hill’s Consumer Financial Services Regulatory and Compliance Practice Group breaks down…

    On March 23, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) announced a proposed stipulated final judgment and order (“Proposed Order”) against Portfolio Recovery Associates (PRA), one of the nation’s largest debt collectors and debt buyers, for violating a prior 2015 CFPB Consent Order (“Prior Consent Order”) and engaging in other related violations of federal consumer financial law. Clark Hill’s Consumer Financial Services Regulatory and Compliance Practice Group breaks down this development from all angles unique to the ARM Industry.

    Other authors
    See publication
  • College of Business & Econ Guest Lecture: Shifting Sands: a 2023 look inside the Consumer Debt Collection Industry

    FNBSLW 433: University of Wisconsin-Whitewater, College of Business and Economics

    Invited to present annual guest lecture for UW Whitewater, course FNBSLW 433- Creditors' Rights and Bankruptcy. 75 minute class involving full lecture and Q/A for university students. An extensive look at regulatory changes impacting consumer debt collection over the past 24 months.

    See publication
  • ARM Industry State Analysis: Illinois

    AccountsRecovery.Net

    AccountsRecovery.net is excited to launch a new series that dives into different states and regions to discuss the trends and developments affecting the accounts receivable management operation in those locations. After stopping in California and Florida, we head this month to Illinois and the Midwest, which is home to the Seventh Circuit Court of Appeals — the court that started the war on standing with respect to FDCPA cases.

    In this webinar, a panel of experts from Illinois will…

    AccountsRecovery.net is excited to launch a new series that dives into different states and regions to discuss the trends and developments affecting the accounts receivable management operation in those locations. After stopping in California and Florida, we head this month to Illinois and the Midwest, which is home to the Seventh Circuit Court of Appeals — the court that started the war on standing with respect to FDCPA cases.

    In this webinar, a panel of experts from Illinois will discuss what is going on in the state and share their insights and perspectives.

    Other authors
    See publication
  • The Talk-Off Podcast: Collection Compliance

    AccountsRecovery.Net

    The Talk-Off has established itself as an important resource for the accounts receivable management industry to stay on top of the trends and issues that are impacting you. To make the content discussed during The Talk-Off even more relevant, and to help you understand what is going to be discussed in each episode, there will now be a theme. The theme for the next episode of The Talk-Off is "Collection Compliance." Rest assured, many of the aspects of The Talk-Off that you have come to know and…

    The Talk-Off has established itself as an important resource for the accounts receivable management industry to stay on top of the trends and issues that are impacting you. To make the content discussed during The Talk-Off even more relevant, and to help you understand what is going to be discussed in each episode, there will now be a theme. The theme for the next episode of The Talk-Off is "Collection Compliance." Rest assured, many of the aspects of The Talk-Off that you have come to know and love will still be there, but now, they will be discussed under a common topic, to provide you with more insight into what you'll hear when you watch.

    Other authors
    See publication
  • Webinar: What are the Essential Ingredients of an Effective Compliance Management System?

    AccountsRecovery.Net

    Building a compliance management system is a lot like the myth about painting the Golden Gate bridge -- once you finish, you start all over again. An effective Compliance Management System is more important than ever, but knowing what should go into it can save you countless hours of time and countless headaches.

    In this webinar, sponsored by TCN, a panel of compliance experts will discuss the essential components of a Compliance Management System for companies in the ARM industry.

    Other authors
    See publication
  • College of Business & Econ Guest Lecture: Regulation, Revision, & Recalibration: a 2022 look inside the Legal Department of Chicago's premiere ARM agency

    FNBSLW 433: University of Wisconsin -Whitewater, College of Business and Economics

    Invited to present annual guest lecture for UW Whitewater, course FNBSLW 433- Creditors' Rights and Bankruptcy. 75 minute class involving full lecture and Q/A for university students. An extensive look inside the corporate legal department of one of the nation's most well known ARM agencies. Major focus this year on: Telephone Consumer Protection Act case law developments, implementation of the Consumer Financial Protection Bureau's Final Debt Collection Rule, and the Hunstein case.

    See publication
  • Webinar: The Skills Needed to be The Best Compliance Officer You Can Be

    AccountsRecovery.Net

    What does it take to be a good compliance officer? The joke is that compliance officers only know how to say "no" and nothing else, but good compliance officers work with operations and the other departments in a collection agency to find solutions that work.

    In this webinar, a panel of compliance experts will share their insights into what it takes to be the best compliance officer you can be.

    Other authors
    See publication
  • ACA Huddle: Reg F Takeover - Analyzing the Model Validation Notice Itemization Guidance from the CFPB

    ACA International Webinar Series

    Your Itemization questions answered, particularly as clarified by the CFPB's October 29 guidance!

    Other authors
  • HFMA Annual Conference Presentation: Watch a Consumer Litigation Trial Unfold in 15 Minutes

    HFMA Annual Conference, Minneapolis, MN

    Rapid Fire Session: Regulatory & Compliance Update in the Revenue Cycle

    Revenue cycle has seen some sweeping regulation in the past year. Learn about ways health systems have strategically approached compliance in these fast-paced presentations that touch on next steps in price transparency, charge capture, TCPA and other collections best practices.

    Learning Objectives:

    Understand the most common strategies for price transparency and how to prepare for 2022.
    Learn the…

    Rapid Fire Session: Regulatory & Compliance Update in the Revenue Cycle

    Revenue cycle has seen some sweeping regulation in the past year. Learn about ways health systems have strategically approached compliance in these fast-paced presentations that touch on next steps in price transparency, charge capture, TCPA and other collections best practices.

    Learning Objectives:

    Understand the most common strategies for price transparency and how to prepare for 2022.
    Learn the risks of a vulnerable consent form and best practices through examples of airtight documentation.
    Describe the benefits and risks of credit reporting healthcare accounts in conjunction with your collection agency.
    Discuss how automating the audit of charges post bill can lead to increased average net revenue by identifying missed charges and ensuring timely compliance.

    CPEs: 1.0

    Field of Study: Specialized knowledge

    See publication
  • ACA Panel Presentation: Five Things You Must Do Bi-Annually to Stay on Top of Compliance

    ACA International Annual Convention, Las Vegas, NV

    The session will cover five things all agencies must do at minimum twice a year to stay on top of compliance. With new case opinions frequently being issued, do you need to change your letters, your telephone scripts? What practices will position you best for a CFPB audit? Doing these five things will reduce litigation and help you be prepared for any regulators enforcing compliance.

    Other authors
    See publication
  • Webinar: What 10 Things Should You Be Doing to Get Ready for the CFPB's Debt Collection Rule

    AccountsRecovery.net

    "It may seem like you have all the time in the world to start working on how you're going to comply with the CFPB's debt collection rule, but the clock is ticking, and some of the changes that you need to make could take months. Companies need to start prioritizing what will need to start being addressed first and which changes are going to be the most important.

    To help companies identify those priorities, a panel of experts from across the ARM industry, in a webinar sponsored by TCN…

    "It may seem like you have all the time in the world to start working on how you're going to comply with the CFPB's debt collection rule, but the clock is ticking, and some of the changes that you need to make could take months. Companies need to start prioritizing what will need to start being addressed first and which changes are going to be the most important.

    To help companies identify those priorities, a panel of experts from across the ARM industry, in a webinar sponsored by TCN, will share the steps they think need to be taken, and the order to take them."

    Other authors
    See publication
  • College of Business & Econ Guest Lecture: The Supreme Court, the CFPB, and me: a 2021 A look inside the Legal Dept. of Chicago’s premiere ARM agency (…amidst a global pandemic)

    FNBSLW 433: University of Wisconsin -Whitewater, College of Business and Economics

    Invited to present 2/25/21 guest lecture for UW Whitewater, course FNBSLW 433- Creditors' Rights and Bankruptcy. 75 minute class involving full lecture and Q/A for university students. An extensive look inside the corporate legal department of one of the nation's most well known ARM agencies (along with complexities brought on by covid-19). Major focus on Supreme Court's recent Telephone Consumer Protection Act analysis in Duguid v. Facebook and the Consumer Financial Protection Bureau's Final…

    Invited to present 2/25/21 guest lecture for UW Whitewater, course FNBSLW 433- Creditors' Rights and Bankruptcy. 75 minute class involving full lecture and Q/A for university students. An extensive look inside the corporate legal department of one of the nation's most well known ARM agencies (along with complexities brought on by covid-19). Major focus on Supreme Court's recent Telephone Consumer Protection Act analysis in Duguid v. Facebook and the Consumer Financial Protection Bureau's Final Debt Collection Rule (2020).

    See publication
  • CFPB Debt Collection Rule Resource Guide

    AccountsRecovery.net

    A section by section analysis of the CFPB's Final Debt Collection rule, featuring comments and perspective from the industry's most renowned compliance experts. Ari Derman, General Counsel of Harris & Harris, Ltd., analyzes Section 1006.6 in the video link below, analyzing "Communications in Connection with Debt Collection".....

    See publication
  • Webinar: The Art of the Collection Letter

    Microbuilt & AccountsRecovery.net

    "The collection letter has been around for as long as people have been trying to collect on unpaid debts. And while there are so many disclosures and requirements to include, it can get lost that the letter is still an attempt to make a connection with someone.

    In this webinar, sponsored by Microbilt, a panel of leading collection industry executives will share their insights into how to artfully craft collection letters so that they are compliant and effective."

    Other authors
    See publication
  • KG Webinar: Stay Ahead of Compliance: A Look Ahead at 2020 for ARM Executives

    Kaulkin Ginsberg Company

    Our team of carefully selected compliance experts, including Rozanne Andersen, Vice President and Chief Compliance Officer for Ontario Systems, Tim Collins, Chief Compliance Officer for TrueAccord, Ari Derman, General Counsel for Harris & Harris, and Mike Frost, Partner at Malone Frost Martin PLLC, will join Mike Ginsberg, President & CEO of Kaulkin Ginsberg Company, once again, to discuss some of the most pressing compliance matters facing the ARM industry and what to expect in…

    Our team of carefully selected compliance experts, including Rozanne Andersen, Vice President and Chief Compliance Officer for Ontario Systems, Tim Collins, Chief Compliance Officer for TrueAccord, Ari Derman, General Counsel for Harris & Harris, and Mike Frost, Partner at Malone Frost Martin PLLC, will join Mike Ginsberg, President & CEO of Kaulkin Ginsberg Company, once again, to discuss some of the most pressing compliance matters facing the ARM industry and what to expect in 2020.

    When discussing the webinar, Mike Ginsberg stated, “Staying ahead of compliance and regulatory changes is critical in the ARM industry, especially when you are significantly changing company policies in order to stay compliant. One mistake could lead to a world of challenges for your business.”

    Other authors
    See publication
  • College of Business & Econ Guest Lecture: Collectors, Consumers, & Complexities: A look inside the Legal Dept. of Chicago’s premiere ARM agency

    FNBSLW 433: University of Wisconsin -Whitewater, College of Business and Economics

    Invited to present 10/10/19 guest lecture for UW Whitewater, course FNBSLW 433- Creditors' Rights and Bankruptcy. 75 minute class involving full lecture and Q/A for university students. An extensive look inside the corporate legal department of one of the nation's most well known ARM agencies, including two case law studies applicable to the Fair Debt Collection Practices Act and some general background on the Fair Credit Reporting Act, and Telephone Consumer Protection Act.

    See publication
  • Webinar: How To Know Which Pre-Litigation Demand Letters To Fight And Which To Settle

    Webrecon LLC & AccountsRecovery.Net

    Pre-litigation demand letters have unfortunately become part of the cost of running a collection agency. Instead of filing a lawsuit, an individual or attorney will send a letter about a possible infraction and demand a payment to settle the situation before it ever gets to court.

    In this webinar, sponsored by WebRecon, a panel of leading compliance experts from the credit and collection industry will share their insights and strategies to deal with this complicated issue.

    Other authors
    See publication
  • KG Webinar: Stay Ahead of Compliance: A Candid Panel Discussion with Industry Experts

    Kaulkin Ginsberg Company

    Mike Ginsberg will be joined by Rozanne Andersen, Chief Compliance Officer at Ontario Systems, Ari Derman, General Counsel at Harris & Harris, Mike Frost, Chief Compliance Officer at CBE Companies, and Tim Collins, Chief Compliance Officer at TrueAccord to discuss some of the most pressing compliance matters in the accounts receivable management industry, such as:
    • CFPB Rulemaking & Enforcement
    • TCPA & FDCPA Compliance
    • Data Privacy & Protection Regulations
    • State Litigation &…

    Mike Ginsberg will be joined by Rozanne Andersen, Chief Compliance Officer at Ontario Systems, Ari Derman, General Counsel at Harris & Harris, Mike Frost, Chief Compliance Officer at CBE Companies, and Tim Collins, Chief Compliance Officer at TrueAccord to discuss some of the most pressing compliance matters in the accounts receivable management industry, such as:
    • CFPB Rulemaking & Enforcement
    • TCPA & FDCPA Compliance
    • Data Privacy & Protection Regulations
    • State Litigation & Legislation

    Other authors
    See publication
  • HFMA (First IL Chapter) Fall Summit Presentation: Fostering a Compliant Partnership Between Healthcare Providers and Revenue Cycle Vendors

    HFMA - First Illinois Chapter

    In a world of regulatory uncertainty and a hyperactive plaintiff’s bar, a cooperative approach to legal compliance is more important than ever. This presentation will focus on the intersection points in the compliance space unique to revenue cycle partners. While discussing contract terms, the TCPA, and 501(r), the goal of this presentation will be bolstering institutional confidence and reducing liability.

    Learning Objectives:
    • Understand what contractual provisions should be…

    In a world of regulatory uncertainty and a hyperactive plaintiff’s bar, a cooperative approach to legal compliance is more important than ever. This presentation will focus on the intersection points in the compliance space unique to revenue cycle partners. While discussing contract terms, the TCPA, and 501(r), the goal of this presentation will be bolstering institutional confidence and reducing liability.

    Learning Objectives:
    • Understand what contractual provisions should be included contracts o ensure mutual compliance with legal and industry benchmarks
    • Recognize new developments and federal case law regarding the TCPA, as well as the legal nuances surrounding the different technologies and dialing systems
    • Properly implement extraordinary collection actions such as credit reporting in compliance with 501(r) and the national consumer assistance plan, according to legal guidelines

    Speakers:
    Aryeh Derman, esq., Samantha Albergo

    See publication
  • Podcast Series: Critical Compliance Matters in the First Half of 2018

    KG Prime (Kauklin Ginsberg)

    Are you thinking about implementing a digital communication program into your collections process? Are you sure you know the rules and regulations that come with that? KG Prime's carefully selected compliance professionals recently recorded a 50 minute podcast, hosted by Mike Ginsberg and KG Prime, discussing what you need to know in order to do so, plus much more. They also discussed credit reporting best practices and took on some safe harbor interest language analysis. This informative…

    Are you thinking about implementing a digital communication program into your collections process? Are you sure you know the rules and regulations that come with that? KG Prime's carefully selected compliance professionals recently recorded a 50 minute podcast, hosted by Mike Ginsberg and KG Prime, discussing what you need to know in order to do so, plus much more. They also discussed credit reporting best practices and took on some safe harbor interest language analysis. This informative podcast is available exclusively on KG Prime, Kaulkin Ginsberg’s members-only, comprehensive strategic information portal for ARM professionals.

    Other authors
    See publication
  • Podcast Series: Timely & Critical Compliance and Regulatory Matters in the US ARM Industry (Q1 2018)

    KG Prime (Kauklin Ginsberg)

    "What challenges and risks are accounts receivable management (ARM) companies facing when trying to move communication online, while still staying compliant?

    Mike Frost, Tim Collins, Rozanne Andersen, and Ari Derman joined Mike Ginsberg to discuss just that in a comprehensive and informative video, 58 minutes in length, available exclusively to KG Prime members. The experts covered a range of topics including:

    • Recent TCPA rulings and their anticipated impact on the…

    "What challenges and risks are accounts receivable management (ARM) companies facing when trying to move communication online, while still staying compliant?

    Mike Frost, Tim Collins, Rozanne Andersen, and Ari Derman joined Mike Ginsberg to discuss just that in a comprehensive and informative video, 58 minutes in length, available exclusively to KG Prime members. The experts covered a range of topics including:

    • Recent TCPA rulings and their anticipated impact on the industry;
    • Compliance updates regarding use of email;
    • What exactly E-Sign is, and what the impacts are; and
    • The CFPB shake-up and predictions.

    To find out what the five experts thought, log in to KG Prime and listen to the full video, or request your company code today."

    Other authors
    See publication
  • ILCBA Fall Seminar CLE Presentation: The FDCPA and Compliance Considerations in Post-Judgment Collections

    Illinois Creditors Bar Association, Chicago, IL

    ILCBA's 2017 Fall Seminar CLE presentation featuring unique perspectives on the FDCPA from practitioners. Discussion topics included:

    - A high level analysis of attorneys' role in a credit based economy
    - A look at areas where the FDCPA typically rears its head in post judgment collections
    - A deep dive into the recent intersection between FDCPA and ethical regulation
    - A primer on recent FDCPA case law developments throughout the Midwest
    - A guide to new compliance…

    ILCBA's 2017 Fall Seminar CLE presentation featuring unique perspectives on the FDCPA from practitioners. Discussion topics included:

    - A high level analysis of attorneys' role in a credit based economy
    - A look at areas where the FDCPA typically rears its head in post judgment collections
    - A deep dive into the recent intersection between FDCPA and ethical regulation
    - A primer on recent FDCPA case law developments throughout the Midwest
    - A guide to new compliance considerations in the post judgment realm, including tips on IT security
    - An extensive look at the FDCPA's complex role in real estate transactions

    Other authors
    See publication
  • Podcast Series: Industry Compliance Challenges (2017)

    KG Prime (Kauklin Ginsberg)

    Mike Ginsberg, president & CEO of Kaulkin Ginsberg was joined by Ari Derman, General Counsel for Harris & Harris, Ltd., and Mike Frost, Chief Compliance Officer and General Counsel for CBE Companies, to discuss some of the most pressing topics impacting the accounts receivable management industry in a five part, informative podcast series.

    Topics included:

    · Challenges regarding consent revocation under the TCPA

    · What kind of voicemail messages to leave

    ·…

    Mike Ginsberg, president & CEO of Kaulkin Ginsberg was joined by Ari Derman, General Counsel for Harris & Harris, Ltd., and Mike Frost, Chief Compliance Officer and General Counsel for CBE Companies, to discuss some of the most pressing topics impacting the accounts receivable management industry in a five part, informative podcast series.

    Topics included:

    · Challenges regarding consent revocation under the TCPA

    · What kind of voicemail messages to leave

    · The importance of language in letters and emails

    · Major industry issues impacting credit reporting

    · The state of consumer complaints year-to-date

    Other authors
    See publication
  • NARCA (now NCBA) Attorney Practicum CLE Presentation: Life After Pressler and the Bar on Pre-Judgment Discovery

    The National Creditors Bar Association Fall Conference, Las Vegas, NV

    The CFPB found that Pressler engaged in unlawful debt collection litigation by failing to review necessary documentation to support the claims asserted in its complaints and by utilizing client affidavits which, according to the CFPB, Pressler should have known were unreliable. The CFPB also required Pressler to refrain from any pre-judgment litigation discovery although its Findings and Conclusions were silent about such activity. The panel will examine the consent order in more detail…

    The CFPB found that Pressler engaged in unlawful debt collection litigation by failing to review necessary documentation to support the claims asserted in its complaints and by utilizing client affidavits which, according to the CFPB, Pressler should have known were unreliable. The CFPB also required Pressler to refrain from any pre-judgment litigation discovery although its Findings and Conclusions were silent about such activity. The panel will examine the consent order in more detail, especially the CFPB's bar on pre-judgment litigation discovery devices and how the bar may impact litigating debt collection cases

    Other authors
  • IL CLE Presentation: The Telephone Consumer Protection Act & Its Impact On State & Local Government

    This presentation analyzes historical and recent developments relevant to the TCPA and will culminate in a discussion about its impact on state and local government. A special focus will be placed on non-telemarketing communications.

  • Teleseminar: A Unified Plan of Attack: In-House and Outside Counsel Teamwork is Integral to Consumer Litigation Defense

    ACA International

    Collection agencies and their in-house attorneys often turn to outside counsel for expert representation when consumer lawsuits are filed against them. While the common goal of victory is clear among both, the defense strategy and posture is often less obvious. A successful defense against consumer claims requires a symbiotic relationship between attorney stakeholders on both sides of the aisle who understand the respective challenges impacting the other.

    Objectives:
    1. In-house…

    Collection agencies and their in-house attorneys often turn to outside counsel for expert representation when consumer lawsuits are filed against them. While the common goal of victory is clear among both, the defense strategy and posture is often less obvious. A successful defense against consumer claims requires a symbiotic relationship between attorney stakeholders on both sides of the aisle who understand the respective challenges impacting the other.

    Objectives:
    1. In-house counsel and outside counsel should analyze the definition of victory for a given case, by evaluating matters such as defense costs, the tendencies of opposing counsel, and reputational harm.
    2. Maintaining a tactical relationship outside the confines of a specific case is important, because a well-rounded and current understanding of an agency's policies and procedures can help both in-house and outside counsel predict and navigate through future claims.

    Other authors
  • Facilitator -- Young Professionals Roundtable: "Judgment Free Compliance Questions"

    ACA International 2014 Annual Convention

    Designed for young professionals, this interactive, discussion-based session will build your skills, increase your knowledge and help you become a future leader. Roundtable discussions will focus on topics such as learning how to bridge the gap between generations in the workplace, becoming an effective leader and applying tips and tricks for success. Hear from top young professionals and industry experts, and gain valuable knowledge focused on your generation.

    See publication
  • Comments in Response to the CFPB's Advance Notice of Proposed Rulemaking

    Corporate Filing, CFPB-2013-0033

    Authored entity's corporate submission to the Executive Secretary of the Consumer Financial Protection Bureau.

  • Speaking Engagement -- Before You Sign: How to Strategically Analyze Client & Vendor Contracts in the Collection Industry

    ACA International Fall Forum, Chicago, IL

    This session highlights the primary areas of focus when drafting or reviewing client or vendor contracts, a topic that has taken on heightened significance in light of regulatory scrutiny regarding contractual relationships. Learn how to incorporate clauses that both limit corporate exposure to liability and increase profitability.

    See publication

Honors & Awards

  • KG Prime Subject Matter Expert

    KG Prime

    Individually selected to address specific areas of the ARM industry for KG Prime clientele, most notably compliance trends through presentations and publication.

  • ACA International Scholar

    ACA International

    For continued commitment to professional development at ACA.

Languages

  • Hebrew

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