Identifying and Reporting COMPLAINTS

COMPLAINTSIdentifying and Reporting

PLUS: FEEDBACK FOR DFS CLAIMS

How do I identify and report a complaint? Use the following slides to determine the definition and needs of each client regarding submitting a complaint.

Complaints shall be reported/submitted to [email protected] using the following subject line example (be sure to use all uppercase letters in your subject line):

Example: POSSIBLE COMPLAINT-12-34567-CLIENT NAME

Trigger De�nition

Threatened Legal/Regulatory

The customer or third party references legal, media or regulatory action/assistance

Claims Multiple Attempts

The customer or third party claims they have already attempted to address this matter, even if it’s the Attorney Firm's �rst contact

Manager/Supervisor Assistance

The customer or third party requests or was transferred to a Supervisor or Manager. This excludes usual processes such as Second Voice or payment processes.

Alleges Discrimination

The customer or third party claims discrimination

Speci�c Violation Cited

Customer or third party alleges or speci�cally states that a law or regulation has been broken

Interaction with a Regulatory Agency

Attorney Firm is interacting with a regulatory agency (or Better Business Bureau) that oversees entities including banks and/or collection agencies

Expresses Dissatisfaction

The customer or third party expresses dissatisfaction related to Capital One, a Capital One partner or supplier, a product, process, service, decision or interaction. This does not include general servicing requests or inquiries.

TRIGGER LIST (COB)

GeneralComplaintDriver

Speci�c Drivers / Example – NOT an exhaustive list

1099 Customer received or may receive a 1099; amount is incorrect

Account Placement

Customer does not want to work with the agency or Attorney Firm

Bankruptcy Process

Customer already provided bankruptcy info (attorney and/or chapter)

Cease and Desist Violation

Calls/contact continue after C&D noti�cation or Violation of request for no employer contact

Claimed Regulatory / FDCPA violations / State Law Violations

Calling outside of 8am-9pm, Disclosure of debt to third party, Failure to provide Mini-Miranda disclosures, Contacted customer represented by an attorney, Misrepresenting the amount or character of the debt, Failure to provide/insu�cient Dunning letter, Indicated customer should not respond to the lawsuit, Used obscene/profane/abusive language, Threatened arrest/incarceration, the seizure of property, or violence against the customer, Impersonated an attorney or o�cial, Indicated customer committed crime by not paying, Privacy compromised- NPI released, Alleged violation of any debt collection law (non-speci�c)

GENERAL COMPLAINT DRIVER (COB) (1 OF 4)

General ComplaintDriver


Credit Bureau Complaint Customer alleges problem with credit bureau report

Discrimination ClaimCustomer alleges treated differently based on age, race, gender, sexual orientation, marital status, citizenship and/or other protected classes

Disputes Account Status Account charged off; was already PIF / SIF

Disputes Balance Balance (principal, interest or fees are incorrect); customer alleges balance should have been waived (multiple attempts)

Disputes Speci�c Charge Charge was invalid (multiple attempts)

Estates Process Customer already provided deceased information

Excessive Calls Customer alleges receiving too many calls in a short period

Fraud Claim Customer asserts account or transaction is not theirs (multiple attempts)


General ComplaintDriver


Legal Process

Threatened suit on account for which statute of limitations had run, Issue with how service of process was conducted (process server conduct), Customer states they were not served, Issue with judgment entry process, Customer asserts wages/bank account is being garnished improperly, Failed to release funds after noti�cation of exemption or after conclusion of garnishment, Lien release issue

Other Any reason not otherwise listed

Payment Protection/Insurance Customer asserts that insurance was supposed to take care of the debt; payment protection not honored

Payment Related Issues Payments are not re�ected correctly / timely

Payment/Settlement TermsCustomer wants a lower settlement or different terms with elevated tone or words (not related to standard negotiations), Firm did not honor payment arrangement, Issue with processing refund, Customer dissatis�ed with post-dated check policy, Firm did not honor PIF/SIF

SCRA Customer asserts they were supposed to receive SCRA bene�ts/were told they could not make a payment because of SCRA status

Service received from Capital One

Treatment from Capital One (did not listen, would not help)


GeneralComplaintDriver


Service received from Supplier

Treatment from attorney �rm or �rm’s supplier (did not listen, would not help)

Statement Issues

Validation of Debt

Customer stopped receiving statements/did not receive statement copies they requested

Veri�cation Process

Customer has not received validation of debt (multiple attempts); documents were not su�cient

Wrong Party Contact

Customer does not like process to verify identity; excessive amount of information to verify identity, Customer previously informed that telephone number is not for the intended party (multiple attempts), Legal collection against wrong person


Signi�cantMatter

De�nition

Regulatory Investigations

Investigations, requests for documentation, or inquiries from local, state, or federal regulators against Attorney Firm or any of its attorneys (including appearance counsel) regardless of whether a Capital One account is involved

Regulatory Complaint Responses

Firm’s draft responses to a complaint or allegation of wrongdoing by the �rm or Capital One requiring submission to the CFPB, state level Attorneys General or other regulators

Media Inquiries Inquiries from any media outlet related to the Attorney Firm’s collection practices and/or Capital One (distinct from customer contacts or threats, listed above)

Process Server Conduct

Issue with how service of process was conducted

Discrimination Claim

Allegations of differential treatment based on age, race, gender, sexual orientation, marital status, citizenship and/or other protected classes.

Threats of Incarceration

Allegations of threats of arrest/incarceration, the seizure of property, or violence against the customer

SCRAAny SCRA related issues arising from a Capital One customer’s account, including, but limited to, a customer asserting they were supposed to receive SCRA bene�ts/were told they could not make a payment because of SCRA status

SIGNIFICANT MATTERS (1 OF 2) Significant Matters are events, issues, or situations that may be impactful to

Capital One or the debt collection industry and may require tracking, reporting, and if necessary, remediation.

Signi�cantMatter

De�nition

Privacy Breach Privacy compromised- NPI released

Request for Sanctions Request for sanctions against Capital One or Attorney Firm or any of its attorneys (including appearance counsel) related to a Capital One account

Class Actions Class actions �led against the Attorney Firm regardless of whether the allegations involve a Capital One account

Lawsuits Lawsuits (but not Counterclaims, which should be reported to LLM separately pursuant to the Responsive Pleadings Policy & Procedure) �led against Attorney Firm related to a Capital One account

Jury Trial Jury trial dates related to a Capital One account

Missed Court Appearance

Any failure by Attorney Firm or any of its attorneys (including appearance counsel) to appear at a scheduled court date regardless of whether a Capital one account is involved

Proposed Changes to Laws

Proposed changes to court rules and local, state, or federal laws and regulations which, in the professional judgment of the Attorney Firm, may affect Capital One’s recoveries business or Attorney Firm

Legal Trends Any trends in responsive pleadings or complaints which, in the professional judgment of the Attorney Firm, may affect Capital One’s recoveries business

Anything Impactful to Capital One

Anything that, in the professional judgment of the attorney handling the matter, requires escalation to Capital One’s Legal Loss Mitigation Team

SIGNIFICANT MATTERS (2 OF 2) Significant Matters are events, issues, or situations that may be impactful to

Capital One or the debt collection industry and may require tracking, reporting, and if necessary, remediation.

DFS FEEDBACKIf, while engaging in any interaction with an employee or third party service provider, a customer expresses dissatisfaction or expects relief or a change regarding a DPI product, service, or practice, a customers input is considered feedback. This dissatisfaction may also involve a service or practice of an attorney. If the customer is satisfied after an interaction, then document the statement of dissatisfaction as feedback..

Feedback shall be reported/submitted to [email protected] using the following subject line example (be sure to use all uppercase letters in your subject line):Example: FEEDBACK-12-34567-DISCOVER-AL*Please reference in the body of the email what the initial complaint was and how it was resolved.*

Feedback must be submitted to Discover no later than two business days from the date of receipt, with the date of receipt being counted as day one.

UDAAP-Unfair Deceptive Acts and PracticesTrigger words for UDAAP include but are not limited to:

· Unfair or not fair · Deceptive or deceitful · Abuse or abused · Trick, tricky, or tricked · Bait and switch·misleading, mislead, or misled · Lie, lied, or lying · Fraud or defraud (not to be confused with fraud claims)· Taking or took advantage because they are a member of a vulnerable population (such as elderly, student, or uneducated) · False advertising · Predatory

DFS COMPLAINTSIf after interacting with an employee or third party service provider, a Cardmember (CM) expresses dissatisfaction or demands relief regarding a DPI product, service, or practice, a CM’s feedback is considered a complaint. This dissatisfaction may also involve a service or practice of the attorney.

A complaint can be reported from a variety of sources including: Attorney General (AG), Consumer Financial Protection Bureau (CFPB), Better Business Bureau (BBB), and directly from the CM to the vendor.

A complaint must be submitted to Discover no later than three business days from the date of receipt, with the date of receipt being counted as day one.

COMPLAINT HANDLING POLICYRegions takes all complaints, whether against Regions or any of our vendors, very seriously. Regions delineates complaint into three (3) separate categories.

a. Any Counterclaim, complaint against Regions or Vendor, or Consumer Financial Protection Bureau (CFPB) complaint is considered an "A" Complaint category. Such complaints should be reported to Regions no later than twenty-four (24 hours after receipt of such complaint. Notifications should be sent to the Recovery Group Manager.

b. All Better Business Bureau (BBB), Attorney General (AG), or any other regulatory Complaint against a vendor will be considered a "B" Complaint category. All such Complaint should be reported to Regions Weekly.

c. All verbal and written complaints against Regions or Vendor which do not meet the criteria listed above will be considered a "C" complaint category. All such complaints should be reported to Regions weekly.

Definition of a Complaint: A “Complaint” is defined as an expression of dissatisfaction or grievance that cannot be immediately resolved.

Nathan & Nathan P.C. is responsible for notifying Client of any Complaint on an Account received within 48 hours using the attached spreadsheet.

Remediation efforts must be conducted so that the Complaint can be resolved within the lesser of 20 business days, or as required by statutes. If the Complaint has not been resolved within the given time frame, Service Provider must send notification to Client stating the outstanding items and reasoning for the ongoing remediation. Service Provider must document all Complaints and actions taken to resolve Complaints on both the account of record and by written communication to Client

OMF COMPLAINTS

TSI COMPLAINTSA log of all complaints (oral and written) must be kept and updated regularly using the Complaint Log. The Complaint Log shall be used to report any consumers, or third-parties, who indicate an expression of dissatisfaction or a statement that a situation is unsatisfactory or unacceptable. Complaints focus on vendor’s treatment of the individual and what that individual was allegedly told or promised. The Complaint Log must be uploaded to the Vendor Risk site by the twenty- fifth day of each month for the previous month. If no complaints are received, a log indicating the same must be uploaded. All written complaints must be responded to within 30 days of receipt, or such lesser time as may be requested or required by a regulatory agency or by law.

TSI requires Law Firms to provide notice of all regulatory complaints received by the Law Firm. Notifications of regulatory complaints should be sent via e-mail within one business day of the Law Firm’s receipt of the complaint, along with all account documentation and a brief narrative history of the account. Regulatory complaints include those made to federal and state regulators, including the CFPB, a state Attorney General (AG), or other state or local licensing regulators. Regulatory complaints shall also include those made to the Better Business Bureau. In addition to notifying TSI of the complaint via e-mail, TSI also requires that the Law Firm list the regulatory complaint on the Law Firm’s daily complaint log. At least five business days prior to the response due date of a CFPB or AG complaint, the Law Firm must send a draft response for review and approval to TSI via e-mail at [email protected] .

Wellness Checks (CPS)The Wellness Check Policy assists the Firm personnel in managing risks that may arise while providing support to customers. The policy provides guidance on what steps to take if a customer threatens to harm themselves, the Firm, Cavalry or employee of the either Firm orCavalry, so that adverse effects on lifestyle, health, safety and wellbeing are minimized. If a customer notifies the Firm that they are planning to hurt themselves, the Firm, Cavalry or employee of the either Firm or Cavalry, the call should be immediately escalated to a manager. If the customer threatens action against themselves, the manager notifies the local police department of the customer and requests that the police department perform a wellness check on the customer. If the customer threatens violence against the Firm, Cavalry or employee of the either Firm or Cavalry, the manager notifies the local police department of the site where the employee is located or Cavalry’s Compliance Department (if applicable). Once a wellness check has been performed, please notify Cavalry via email directly by contacting Stephanie Griffin at [email protected] and copying Maureen Killian at [email protected] and Matteo Velardo at [email protected] including all call notes and any written communication.

Threats of Harm (COB)Policy:

1. When a Threat of Harm situation exists (as defined below) Attorney Firms shall: a. Attempt to de-escalate the situation during a phone call or in-person meeting b. Immediately suspend all collection efforts and c. Immediately notify local law enforcement officials and Capital One

2. Attorney Firms shall apply the above policy if there is ever any question about the safety of any person.

3. When a threat is received from a third or wrong party, Attorney Firms shall proceed directly to Stage 2b. 4. Threats of Harm include, but are not limited to, the following types of actions: a. Suicide b. An act of violence c. Brandishing a weapon d. Releasing a violent animal (e.g. attack dog) e. Mailing harmful substances

Threats of Harm (COB)Procedure:

1. De-escalate the Situation

a. Capital One recommends that Attorney Firms use any one or more of the following best practices to de-escalate the situation: i. Pause, break script/call flow and express empathy as to the situation the customer is going through. The agent should then ask probing question with sincerity and concern for the customer’s wellbeing and reassure the customer that the Firm would like to assist. ii. Allow time for the customer to cool down. Inform the customer that no further collection efforts will occur until their concerns have been resolved. Confirm the customer’s phone number for a call back that day or the following day by a senior staff member. iii. Specific customer requests/concerns should be captured. b. If at any point during the de-escalation process a transfer is necessary, it should be a warm transfer to a senior staff member. A brief summary of the threat of harm should be provided to the senior staff member who should immediately move into de-escalation.

c. Upon de-escalating the situation, Attorney Firms shall proceed to procedure 2. NOTE: Attorney Firms shall proceed directly to procedure 2 when the threat is received by mail.

d. Attorney Firms shall not make efforts to contact the customer after the Threat of Harm prior to discussing the situation with Capital One, unless the Attorney Firm believes that contact is an urgent necessity to de-escalate the situation. After learning of the Threat of Harm, any subsequent communication with the customer should be conducted by an experienced, senior member of the Attorney Firm’s staff.

Threats of Harm (COB)Procedure (continued): 2. Suspend Collection Activity: a. Attorney Firm shall immediately place the account in a no-work status. Attorney Firms shall not engage in collection efforts of any form including outbound calls (manual or automated). The Attorney Firm shall remove the account from outbound letter campaigns and take steps to remove the account from an in-progress mailing campaign. 3. Notify law enforcement and Capital One

a. Immediately upon learning that a Threat of Harm situation exists, Attorney Firms shall perform the actions below. All actions should be completed as soon as possible, but no later than twenty-four (24) hours after learning of a Threat of Harm. i. Notify Law Enforcement: Attorney Firms shall immediately notify local law enforcement officials regarding the situation. Attorney Firms shall communicate to local law enforcement officials the details of the situation, the history of collection efforts and litigation, and any responsive action taken. The Attorney Firm shall request local law enforcement to conduct a “welfare check” on the customer. ii. Notify Capital One: Time is of the essence in responding to Threat of Harm situations, and Attorney Firms should attempt to contact Capital One through all available channels until contact is made. Attorney Firms shall send Capital One an e-mail message containing a subject line that is labeled “URGENT: THREAT OF HARM” and includes the customer’s Capital One router number.

Threats of Harm (COB)Procedure (continued): 1. E-mail to Capital One shall be sent to:

a. CARD: Capital One Attorney Manager and the Attorney Firm Oversight CARD mailbox ([email protected]).

b. BANK: Capital One Attorney Manager,, and BANK Extended Operations mailbox ([email protected]), 2. In such e-mail message, Attorney Firms shall: a. communicate the details of the situation; b. provide a historical overview of collection efforts to date; c. identify the procedural posture of the account at issue (e.g., suit filed, judgment, garnishment, etc.); d. detail any pertinent account notes (e.g., account balance, charge-off date, placement date, etc.); e. identify any additional accounts involving the customer that have been placed with the Attorney Firm; f. attach all pertinent call recordings; g. provide an overview of any responsive action taken; and h. provide contact information (including direct telephone number) for the attorney responsible for the account.

Threats of Harm (COB)Procedure (continued): 3. NOTE: Collecting the foregoing information should not delay notifying Capital One of the situation.

4. Attorney Firms should expect to be contacted by an their Capital One Attorney Manager within one (1) business day of notification.

5. Attorney Firms shall execute instructions provided by Capital One Attorneys with the highest degree of urgency and attention to detail

Threats of Harm (Firm Policy)From time to time, a consumer will place a call to the Firm or receive a call from the Firm and make a comment that is something in the nature of a threat to harm himself/herself or another person. It is the policy of Nathan & Nathan that all such threatsshall be taken seriously and addressed in a manner which will protect the Firm, its clients, and, to the extent possible, the individual making the threat. The Compliance Department will escalate any threats of harm it deems necessary to Firm Management. Definition: A Threat of Harm would be a situation when a consumer has harmed or has threatened to harm himself/herself or another person.

Examples of Threats of Harm

•Suicide•Acts of Violence•Brandishing a Weapon•Releasing a violent animal•Mailing a harmful substance

Threats of Harm (Firm Policy)Threat of Harm Handling Procedure

Procedure:

1. When taking a call and a consumer make a threat of harm, please make any and all efforts to de-escalate the situation.

a. Express empathy to the situation the consumer finds himself/herself in. b. Ask probing questions with sincerity to determine the well-being of the consumer. c. Allow some time for the consumer to calm down. d. Let the consumer know that no collection efforts will occur until their concerns have been resolved. Get their callback number so a manager can call them back the following day. e. Document any specific request made by the consumer to help ease the situation. f. Once the situation has been de-escalated move to the second step

2. Suspend Collection Activity (jump to this step if the threat is made in writing or in a voicemail) a. Email the Compliance Department to advise of the situation ([email protected]). The subject line of the email should read Threat of Harm (Client) File No. Please also copy the HR manager on the email ([email protected]) and consider also including your immediate supervisor on the email.


Procedure (continued):

b. Within 24 hours, the Firm will i. Notify Law enforcement: The Firm’s HR Director will perform this function by making a phone call to local law enforcement to advise them of the situation and request that Law Enforcement performs a wellness check on the consumer. ii. Notify the Client: The Compliance Department will email the client with a subject line that says URGENT THREAT OF HARM and includes a customer identifying information (i.e. router number-no NPI) This email will contain:

1. Details of the situation 2. Overview of collection efforts to date 3. Where the account is in the legal process 4. Details of important account notes 5. Identify if there are any other accounts with that consumer placed in our office 6. Overview of the action already taken to address the threat of harm 7. Contact information for the attorney responsible for the account

iii. The Firm Client shall contact the Firm within one (1) business day of the notification. iv. The Firm will follow the directions given by its Attorney Manager.


Procedure (continued):

c. Closing Communication:

i. The Firm will try to contact the customer via phone for the next 48 hours to attempt to relay the resolution of the situation (unless there are call restrictions on the account that would prevent this step.)

1. Confirm the actions taken by the Firm 2. Notify the Attorney manager as to whether or not the Firm was able to contact the consumer 3. Provide feedback from the wellness check 4. Provide a copy of the letter sent to the consumer (if applicable)

Threats of Harm Quick GuideKEY TAKE-AWAYS

* Break script and listen to the consumer and their concerns using listening techniques to show the consumer you are listening.

* DO NOT discuss payment arrangements.

* Be present in the call and ensure that you are being compassionate and genuine in your concern for the consumer/individual.

* Escalate to a Manager if needed and be sure it is a WARM transfer.

* Avoid placing the consumer on hold.

* Make sure the Threat of Harm is properly documented and reported so it may be sent urgently to our client for further instruction and processing.

Identifying and Reporting COMPLAINTS

Documents

Transcript of Identifying and Reporting COMPLAINTS