Virtual Collections Made Virtually Simple - Consumer Website Agreement Templates

Rozanne Andersen

In a blog published late last week, I offered some tips on creating compliant virtual collections tools. The most important step in setting up consumer websites, web portals, and on line payment options is to understand the compliance issues unique to the third party debt collection industry regarding these technologies.

Below are sample website agreements you may want to consider using on your consumer website. These agreements are templates and cannot be used “as is.”  They must be tailored to address your business use and reviewed by your independent legal counsel before use.

Linking Disclaimer and Agreement

By checking the box below, you specifically acknowledge you have read and understand the following and agree to these terms:

By selecting any external link on this site, you will leave the ______________’s pay online website and jump to an unaffiliated third party website that may offer a different privacy policy and level of security. The third party is responsible for website content and system availability. _________________ does not offer, endorse, recommend or guarantee any product or service available on that unaffiliated third party’s website.

We are required by State law to make the following disclosures. These statements do not change your right to request validation of a consumer debt, or to dispute a debt as described on the initial notice. You may have additional rights that vary from state to state.

By checking the box below, you authorize __________________ directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, and verifying your information against third party databases or through other sources.

__________________ may disclose non-public personal information about you to non-affiliated third parties. If you prefer that we do not disclose non-public personal information about you to non-affiliated third parties, you may opt out of those disclosures, that is, you may direct us not to make those disclosures other than permitted by law. If you wish to opt out of disclosures to non-affiliated third parties, you may call our toll free number at ___________________.

This is a communication from a debt collector. This is an attempt to collect a debt, any information obtained will be used for that purpose.

Telephone Communication Options

By checking the box below, you agree we may call you regarding your debt by telephone at any telephone number associated with your account, including wireless telephone numbers you have provided us in connection with this account or have provided to the creditor/healthcare provider associated with this account. Methods of contact may include using pre-recorded/artificial voice messages and/or the use of an automatic dialing device.

If we call a wireless phone number you have provided, you understand these calls could result in wireless telephone charges to you. You have the right to revoke or take back consent for us to use any wireless telephone number associated with your account at any time. Please contact our office at ______________________ to do so.

This is a communication from a debt collector. This is an attempt to collect a debt, any information obtained will be used for that purpose.

E-Mail Communication Options

By checking the box below, you agree we may communicate with you regarding your debt using an e-mail address you have provided us in connection with this account or have provided to the creditor/healthcare provider associated with this account. Please do not provide us with an e-mail address associated with your employment or an e-mail address you share with another person who you do not want to read our communications.

You have the right to revoke or take back consent for us to use any e-mail address associated with your account at any time. Please contact our office at ______________________ to do so.

This is a communication from a debt collector. This is an attempt to collect a debt, any information obtained will be used for that purpose.

For additional information about virtual collections, please contact Rozanne M. Andersen, Esq., Vice President and Chief Compliance Officer, Ontario Systems at Rozanne.andersen@ontariosystems.com.

Rozanne M. Andersen, a seasoned attorney and 15-year veteran of the collection, debt purchasing and financial services industry, serves as Ontario Systems’ in-house legal and compliance expert. A licensed attorney, Rozanne previously served ACA International, the Association of Credit and Collection Professionals, most recently as CEO, and prior to that as Executive Director and General Counsel. She received her J.D. from William Mitchell College of Law.  She was named by Minnesota Lawyer magazine as Attorney of the Year in 2004, and was profiled by Collections and Credit Risk magazine as one of the “Five Women You Should Know.”  

Rozanne frequently writes on topics for the credit, collection and revenue cycle industries and encourages visitors to follow her on Twitter @RozanneAndersen and at the Ontario Systems blog, hub.ontariosystems.com.

This publication contains general information only and is based on the experiences and research of the author. The author is not, by means of this publication, rendering business, legal advice, or other professional advice or services. Before making any decision or taking any action that may affect your business, you should consult a qualified legal advisor. The author, affiliates, and related entities shall not be responsible for any loss sustained by any person or entity that relies on this publication. The Author gives permission to link, post, distribute, or reference this article for any lawful purpose, provided attribution is made to the author.