f/ACSI
Retail Collection Services Agreement
This Agreement (“Agreement”) is entered into this day of , between Automated Collection Services, Incorporated, (hereinafter referred to as “Agency”), located at 2802
Opryland Drive, Nashville, TN 37214
and (hereinafter referred to as
“Client”) located at
This Agreement shall remain in effect for a period of one year beginning
and ending on .The
terms of the Agreement will automatically renew at the end ofeach one year term unless notice is given by client thirty (30) days prior to the expiration of the initial one year period. At any time duringthis Agreement eitherparty may terminate the Agreement upon thirty (30) days writtennotice.
Agency fees are based upon a percentage ofmonies recovered.
1. COMPENSATION.
a. Except as otherwise provided inthis Section 1,as compensation for the Services,ACSI shall receive the following withrespect to Accounts subject to thisAgreement:
Accounts placedas aFirst Assignment, ACSI shall receive nineteen and one-halfpercent ( 19.5%) ofthe total
amount paid from all sources, except as noted inSection 1(b), during theperiod the Account is active at ACSI, and for a thirty (30) dayperiod following the return ofthe Account to Client.
2) For Accounts referred which are placed into legal collections, whether through initial placement or by subsequent approval ?'om Client, ACSI shall receive thirty—?vepercent (35.0%) of the total amount paid ?'om all sources, except as noted in Section l(b) or Section28, from the date of referral or approval by Client. Accounts litigated on behalf of Client shall remain withACSI until 1)
Get The Edge
§_?__
\“Fm
“_
litigated on behalf of the City may remain with the Agency until paid in full.or until recalled by the City. The City agrees to advance the required fees for ?ling any litigation and the Agency will return these ?mds to the City from ?rst money
collected andproviderecords of expenditureofthese funds. No account will be litigated without prior written authorization from the City.
. Compensation for Litigation Where T.C.A. §40-24-105(d) Applicable. For litigated accounts where T.C.A. §40-24-l05(d)
is applicable, the compensation, whether through initial placement or by subsequent approval by the City, the Agency shall receive an amount that is computed by the Make Whole Computation in Section l.f. below, in coniunctionwith and not
to exceed the 40.0% cap contained in T.C.A. § 40-24-105 (d).
Within this computation the Agency shall receive its entire thirty-?ve percent (35.0%) of the total amount paid ?'om all sources, and City shall receive the remainder as its entire
amount due (i.e., City willnot be made whole dueto the cap).
. Collection Fees; City Responsibility. The City is responsible for the determination of the application of T.C.A. § 40-24-105 ((1)(hereinafter “Collection Fee Statute”), and its imposition
upon any placements forwarded to Agency thereunder. The City shall forward to Agency placements including collection fees, only those placements that meet the requirements of the Collection Fee Statute, and speci?cally, placements including collection fees shall consist of ?nes, costs or litigation taxes included within the entry of the order, and which remain in default for at least six (6) months. The City shall add all such collection fees in accordance with the Collection Fee Statute before forwarding to Agency and Agency shall have no right or
obligation to make any further inquiry into the City’splacement balances. If the City determines that any previously forwarded placement is affected by the Collection Fee Statute, the City shall submit an adjustment ?le indicating the placement account and the new and revised balance as it determines appropriate and for which the City is solely responsible.
_“ q_r£E_T."._
Ew____“?_.m
.,_m___.______H
_._._._.____M, H.
___ m_._“_.__“_
___m________“
_. ... E. .___u
E
Wf. Make-Whole Computation of Placement Balances. As described above, the City is responsible for computation of all placement balances and the City shall therefore determine the
amount allowable under the Collection Fee Statute in order tn
“make whole” the individual agencies of the City forwarding
accounts. The make whole computation shall be computed on the basis ofbeginning with a 100%pre-collection fee principal balance, subtracting the applicable percentage amount of the Agency commission fee depending upon the placement type, and dividing the pre-collection fee principal balance by the subtotal percentage ?gure. An example of this operation follows: The City identi?es a placement with a pre-collection fee principal balance of $100.00 (i.e., $100.00 is owed to the individual agency before forwarding); assuming a ?rst- placement type with a 19.5% Agency commission, the City would begin with 100% and subtract 19.5%, resulting in a subtotal of 80.5%; the City would then divide this $100.00 by 80.5% (the product of 100% minus the 19.5% commission fee percentage), resulting in a balanceof $124.22 thatthe Citymay forward to Agency and that will result in the City being made whole for the $100.00 pre-collection fee principal balance. For actual accounts placed as First Assignment, the make whole percentage amount will be computed through addition of a
$24.22 collection charge per $100.00 by the City to the original amount to be forwarded (this will equate to 19.5% commission fee when deducted by Agency ?'om total amount paid from all sources); for accounts referred for litigation, the make whole
percentage will be computed through addition of a $40.00 collectioncharge per $100.00 bythe City to theoriginal amount to be forwarded (this will equate to 91% recovery for the City when deducted by Agency from total amount paid ?‘om all sources, as a result of the cap contained in T.C.A. § 40-24-105 (d)); each assignment type that is allowable under the Collection Fee Statute and using the make whole computation must meet the requirements of T.C.A. § 40-24-105 (d).
g. No Liability for Unenforceability of Collection Fees. Agency shall have no liability to the City for Agency’s inability to
collect collection fees for any reason other than Agency’s failure to use commercially reasonable efforts, and shall have
rev. 01/19/2015DS
I —-:IJI-I?——--'—-E—IIJI:
_'— TIT — Tfl I
no responsibility as a result of the unenforceability of the Collection Fee Statute or limitations of enforceability of collection fees imposed in the consumer’s place of residence.
Because some states and municipalities limit recovery of collection costs ?'om consumers, and-general consumer law
may impose limits on excessive penalty provisions, or though usury laws, FDCPA, FCRA or other consumer protections, all of which may impact the City, the City should educate its staff
as to the various rules and adopt compliant policies.
2. Accounts sent to the Agency must have supporting documentation suf?cient to prove the debt. This includes, for example, itemized list of charges for services provided, class attended, loans or copies of other credit issued and promissory notes, penalties or other charges.
Documentation should demonstrate the reason for the charge and re?ect any payments or adiustments.This supporting documentation is necessary to meet our duty to respond to disputes and validate charges. Further, without such documentation, Agency cannot report
the account to the national credit reporting agencies.
3. If the consumer requests veri?cation of the charges, debt veri?cation paperwork must beprovided withintwenty (20) days ofrequest.
4. All monies due to the Client from Agency will be remitted to Client on a monthly basis. Client shall notify Agency immediately when monies are received directly, referred to as pay direct, from an account that has been placed with Agency for collection. Client shall notify Agency within thirty (30) days upon discovery of any monies
sent directly to Client. This will be recognized by both Client and Agency as apay direct. Allmonies received by Client as a pay direct are subiectto the appropriate contingency fee for that debt type and
age.
5. Client agrees ?iat all collections are on a “net basis” and that Agency will retain their commission ?'om each payment and remit a net payment to Client.
Client agrees to pay alltaxes and/or feesassociated with any applicable
state and federal requirements and to reimburse Agency for any such
costs they pay on Client’s behalf.
&_M.m_H
M.
4
é
___:.
4.? Him
a_. fa.
:_ 5: __:_
perform these services on behalf of the Client in compliance with all
state and federal laws or regulation; including for example the Consumer Financial Protection Bureau (CFPB), Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA) and Telephone Consumer Protection Act (TCPA), as applicable.Agency
agrees to be solely responsible for the employment, actions .
omissions, control and direction of their employees. Client shall hold harmless Agency. as well as its o?icers. agents, board members and employees from any and all claims, demands, actions, damages, liabilities and expenses of any nature whatsoever that may be asserted as a result of Client’s acts, omissions, negligence and or misnnnrlnnt
12.Agency will collect all amounts submitted to the extent permitted by law. Agency will scrub accounts for those previously discharged in Bankruptcy, or other legal cancelations or exclusions from
enforceability including being out of the applicable statute of limitatinns These aeennnts will he 1-emrnerl tn elient
13.Agency shall not be held responsible for any damages resulting from Client errors in reporting account information to Agency, or for the submission of Account(s) for collection which are not correct and/or nntlwnr-i'zedunder either state nr Federal statutes
14.Agency shall provide to Client, comprehensive reports on all activity
including Client summary details of all placements, collections, account status, cancellations.litigation and fees earned.
15.Agency retains the authority to suspend collection action, either
temporarily or permanently. on any account placed to Agency.
16.The Client hereby grants Agency a limited Power of Attorney to process checks, credit cardtransactions.drafts andmoney orders. This authority incudes the power to retain and compute fees,process client balance adiustrnentson accounts received during the collection
efforts
17.Agency is hereby granted authorityto ?le Proofs of Claim in Chapter 13bankruptcy cases.
.a___,____- _.|_|-
—-|. —
. j-J_|.|=
I_-. I.I.|_I.|. I.uI.|__l.I 1- —
Zn-j-.-:1-I--I—.--1
under the Federal Trade Commission’s Privacy of Consumer FinancialInfonnation; Final Rule (16 CFR 313) implementing Title V of the Gramm-Leach-Bliley Act, Public Law 106-102 (the “GLB Requirements”) and other applicable federal and state consumer privacy laws.rules, andregulations.
32.Agency isprohibited?'om disclosingor using any nonpublic personal information (as de?ned in the GLB Requirements) disclosed to it by Client, except solely to carry out the purposes for which it was disclosed, including use under an exception contained in Section 313.14 or 313.15, as applicable, of the GLB requirements in the
ordinary course of businessto carry out those purposes.
33.Agency shall report to Client all known or suspected Security Incidents. “Security Incident” means any unauthorized action by a known or unknown person which, if attempted, threatened, or
success?illy completed, should reasonably be considered one of the following: an attack, penetration,disclosure of con?dential customer or other sensitive information.misuse of system access. unauthorized access or intrusion (hacking), virus intrusion, scan of Agency’s
systems or networks, or any other activity that could affect Agency’s systems or data, or the security, con?dentiality or integrity of the Client’s information received, stored, processed, or maintained by Agency.
34.All notices, demands, documents or other communications which are required or permitted to be given or servedhereunder shall be deemed
to have been duly given only when made in writing and delivered in
person or by courier or messenger, or deposited for delivery by the United States Postal Service, postage prepaid, ?rst class, express, certi?ed or registered mail, return receipt requested, or by facsimile, addressedto the parties as follows:
Ifto Client:
rev. 01/I9/2015DS I10
Ifto Agency:AutomatedCollectionServices, Inc.
2802 OnrvlandDrive
--1 j— -'j1-1'i—-'j-
j -Ijjul-u'jT—
h??luh
-Irl-I-I-I-I-I-I-|—-I: -I--rl-I
* h—
Nashville, TN 37214
ATTN: DonaldTaylor. President
35.Client may terminate this Agreement with a thirty (30) day notice in
writing. Client will provide to agency a list of those accounts that are to be closedper Clientrequest. subiectto l. b.3 above.
36.All Agreements between Agency and Client are incorporated in this
Agreement. No changes made by either party shall be accepted as
Valid,waived or vary the terms expressedherein except by a signed written agreement.
37.In the event that either party to this Agreement brings an action to
enforce this Agreement, the prevailing party in such action shall be entitled to its reasonable attorneys’ fees andexpenses.
(SIGNATURES APPEAR ON FOLLOWING PAGE)
Date Title For A2eI1c
Date Title
ApprovedastoLegalForm:
By=._ .n_.__.w 0.‘HumTlshenCityAttorney Printed Name
-;. -:r.-:|_ ':I. tE'I-- 'Hj_?a.
-: Z
-—.- - 1 'Agency License# Insurance Receive Experience with Cost
Electronic Files MunicipalCourts
Af?liated Stof Tn0000022 Expires $1,000,000/ Yes— See page 9 Sales Dir with previous 25%debt
Creditors 12/31/16 $2,000,000 employer 35%legal
Aberdeen Not Found $2,000,000] 30%
Enterprises $4,000,000
Automated StofTn00001436 $1,000,000 Yes Yes— severalTn 19.5%debt
Collection Expires4/22/2017 /$2,000,000 municipalities 35% legal
Services
FoxCollection StofTn00000948 $25,000Bond Yes M’boro 23.5%debt
Expires11/19/2016 35%legal
Glass NotFound $1,000,000 No municipal listed 22%
Mountain
Linebarger Stof TN6829512 Expires $1,000,000/$3,00 Yes 144— NoTN 33.3%
10/26/15 0,000
PremierCredit Not Found 22%debt
33%Legal
Pioneer NotFound 1,000,000 Yes— See page 250 Court Clients 25%
/$2,000,000 17
Rapid Stof Tn00001767 Bond only Not De?ned With previous 40%
Recovery Expires8/26/16 furnished employer
Regional Adj. StofTn 00000204 $1,000,000/ Yes Cityof Collierville 20%debt
Bureau Expires12/31/16 $2,000,000 30% legal
Cost Proposal Analysis DebtCollection Services Solicitation 415-1014-15