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DBA Certification: Is it Time for Canada?
Presenter: Jan Stieger Executive Director DBA International November 15, 2016
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DBA Certification Today
Established in 2013 Currently on Version 4.1 220 individuals certified 135 companies certified Certifications for: Debt Buyers Collection Agencies Law Firms Brokers (as of December, 2016)
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Why Get Certified from Company’s View?
Business Opportunities: Creditors now ask if you are DBA Certified on RFP Provides a road map for compliance program. Reduced cost of nuisance suits. Better reporting to manage your business. Differentiate yourself from the pack! Audit Insurance Rates References BBB Rating “We’re interested in developing a pipeline of buyers, knowing where your investments are planned, being able to check boxes for compliance, certification and reputation” Eleanor Fulton, Purchasing Power Creditor Member of DBA
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Why Get Certified: From a Regulators and Consumer’s View:
“It’s great when an industry takes steps to bring best practices and outlines hallmarks of an effective program. DBA’s Certification Program has things we like to see, including monitoring and data integrity.” Malini Mithal, Federal Trade Commission “Have the strength and courage to determine your own fate. Self-regulation is much more flexible than government regulation, less costly, leverages the accumulated wisdom of the industry to solve problems, and gives the industry ownership.” Lee Peeler, Council of Better Business Bureaus CFPB SBREFA proposal references DBA Certification Program multiple times and relies heavily on documentation requirements and data security standards.
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Types of Certification
Certified Receivables Compliance Professional (CRCP) – Individual-based certification required for each certified company’s Chief Compliance Officer and a voluntary designation for others within the industry. Individuals must pass a criminal background screening conducted by DBA International. Certified Professional Receivables Company (CPRC) – Company-based certification based on conforming to uniform industry standards of best practices. A civil and criminal background check is required for each owner with a five (5) percent or greater share of ownership and each corporate officer. Mandatory for active DBA International Debt Buying Member Companies as of March, 2016
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CRCP (Individual) Education Requirements
24 credits every 2 years; must be completed prior to initial certification 4 credits must be from DBA’s Introductory Survey Course on Debt Buying for initial certification 2 credits must be an Ethics Course for initial certification and for recertification 4 credits must be from Current Issues in Debt Buying Course(s) for recertification
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Standards for Certified Companies
Series A Standards (1-16): All certified companies must meet Series B Standards (17-20): Additional standards for debt buying companies Series C Standards (21-26): Additional standards for collection law firms Series D Standards (27-29): Additional standards for collection agencies
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Compliance Audits Three Types of Compliance Audits:
Self-Compliance Audit – Performed prior to the initial application and every 2 years thereafter when reapplying for certification. The self-compliance audit must be attested to in the application and will be subject to independent third party verification. Full Compliance Audit – Performed by an independent third party auditor prior to the first certification renewal period (year 2) and then thereafter every 3 to 4 years. Limited Compliance Audit – Performed by an independent third party auditor in response to specific and credible third party allegations of non-conformity. A Limited Compliance Audit can be performed at any time at the direction of the Certification Audit Committee.
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Remediation And Discipline
Remediation-Based Program The Certification Program’s goal is for the Certified Party to take remedial action to conform to the Certification Standards when a Deficiency is identified through a Compliance Audit. Disciplinary Action Where grounds for discipline have been established by the Council, any of the following forms of discipline may be imposed upon a Certified Party: Private Censure Public Letter of Admonition Suspension of Certification Non-Renewal of Certification Expulsion from the Certification Program
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Annual Review The Standards Committee shall annually review the Certification Standards and make recommendations to the Council for changes based on: The Effectiveness of the Certification Program Changes in Laws and Regulations The Evolution of Best Practices.
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FTC 10 Metrics for Constructive Self-Regulatory Programs
Self-regulatory principles are clear Widespread industry participation Active compliance monitoring Effective enforcement mechanism Reports malefactors to the FTC Program is transparent Includes robust education and training component Data security and privacy protections Principles are dynamic and responsive to industry changes and legal developments Independence in the process, setting it apart from direct control by trade association
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Is it Time for Canada? Don’t reinvent the wheel – DBA’s Certification is the vehicle to use - of course, customized for Canada! Separate Appendix for Canadian Standards Canadian debt buyers/creditors participate in drafting of standards Representation on Council/Committees
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More information Visit: www.dbainternational.org/certification
Contact: Jan Stieger (916)
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