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AFFILIATES & Consultants

 

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Consultant & Affiliate Contract 2009

 

All Associates/Employees are asked to sign the following statement upon acceptance of position. 

 

On this day of ___ of _____/2009 an agreement was made between _____________

 

_____________________________(consultant), and C&A Consulting Group (company).  The purpose of this agreement is for Clark and Associates to grant limited “business opportunity” and material to the above party including logo, name, and credit financial services.  The agreement outlines the contractual terms and conditions under which licensee may use its license to market Clark and Associates’ services to the public as a contractor for the company. 

 

The above party,_____________________________________, hereinafter referred to as “consultant”, “contractor”, or “business associate” agree to establish a business relationship as a contractor of Clark and Associates in the business of providing financial and consulting services to the general public.  The associate shall operate in the following capacity:

 

Internal Processor for Black Card Credit Repair, performed by contractor which is offered by C&A.

 

The contract gives the associate the right to use Clark and Associates’ services and material within the statures of state and local laws for the area in which the associate is providing services. 

 

Associate also agree to the compensation rate selected for himself/herself or company.  listed below.  The above mentioned associate agree to fill out all forms completely and accurately for timely processing and shall agree not to use forms which are inaccurate and deemed to be missing pertinent and required information.

 

Compensation or Commission Outline: As full compensation for the services rendered pursuant to this Agreement, the company shall provide consultants and affiliates a 20% discount on must services offered to them and their immediate family members.  No commissions will be earned on discounted services to team members.  Some services may not be included.  The commissions are paid/earned as client pays company and funds are collected by company or by consultants on behalf of the company.  However, if a client pays only half the price, only half the commissions will be earned with the remaining balance being paid when clients render second half of payment.  Compensation will be re-evaluated based on production 90 days from effective date of contract.

 

At not time will a contractor or anyone within their organization be paid commission without a written agreement in place as outlined in this contract.    

Contractor is responsible for collecting enrollment fee and compensating from clients.  Consultants and Affiliates will direct clients to pay for services by placing funds in the name of the company only.  If collecting full payment, contractor is responsible for taking out their own commissions before forwarding remaining balance to C&A.  Consultants and Affiliates will be paid within 7 days of earning commissions (generally on a Friday).  Affiliates that are coming under the down line of team members will have to pay a 25% override fee to team leader.  This commission will be deducted from their sales automatically.  Affiliates that bring on sub affiliates within their down line will receive a 15% commission with the other 10% going to their team leader.  Contractor is responsible for contract being signed by all enrolled clients.  In addition, a copy of all contracts must be forwarded to C&A within 2 business days of enrollment. (fax: 800-273-3135). 

 

Refunds:  If a client is provided a refund, consultants, affiliates, and contractors will be responsible for paying back commissions earned.  This will generally be deducted from their future earnings until total amount is recovered. 

 

Weekly Processing

At the end of each week, no later than Friday evening by 6 pm EST, the contractor will have submitted their weekly sales sheet.  This sale sheet will outline all the consumers that have been signed up, the program for which they were signed up, and any charges that were assessed for services.  This weekly sales sheet will be used for audit purposes only to ensure proper commission are paid and record keeping. 

 

The above mentioned business associate agree in advance to implement all state and federal law changes immediately and to submit themselves to audits of financial and record accounts associated within the scope of financial services from Clark and Associates.  The above mentioned business associate agree not to engage in the practice of financial services offered by Clark and Associates or any other financial service company or credit repair company while or after the term of this license and contract without the written permission from Clark and Associates. 

 

Where this contract does not touch on the specifics related to implied service to be received from Clark and Associates, the general business rules and guidelines, which is outlined in this contract will prevail. 

 

Contractors can not format change, or use any of C&A material, services, practices, and business partners after the termination of this contract unless written permission is provided.  The information provided to the Contractor is for business purpose only and not for their own personal gain.  Contractors understand that C&A must be compensated for the use of its material and services at all time. 

 

The above mentioned business associate will not distribute, share, reproduce, or communicate any of the materials, services, and products of Clark and Associates or its partners without written permission from the firm.  The business associate will not start their own business within the same or similar industry as Clark and Associates without the written permission from the company unless they are already in the same industry before signing of this contract. 

 

In acceptance of an associate position, you will be exposed to information and materials which are confidential and proprietary and of vital importance to the operations of Clark and Associates.  “I will not at any time disclose or use, either during or subsequent to my position, any information, knowledge, or data which I receive or develop during my position which is considered proprietary by Clark and Associates or which relates to trade secrets or Clark and Associates.”  Such information, knowledge or data includes the following which is by example only:  website passwords, manuals, evaluations, and participant(s) information. 

 

I further agree that upon completion of my position with Clark and Associates, I shall promptly return any and all documents containing the above information, knowledge or data, or relating thereto, Clark and Associates.  I also acknowledge that the proprietary information and trade secrets are created at cost and expense to Clark and Associates and that unauthorized use or disclosure would cause irreparable injury to Clark and Associates.   

 

Confidentiality; Proprietary Information: Contractors shall not, while performing services under this agreement or at any time thereafter, either directly or indirectly, divulge, furnish, or make accessible to anyone or use in any way, other than use in the ordinary course of providing services under this agreement for the benefit of Company any confidential or secret knowledge or information of Company which contractor has acquired or become acquainted with or will acquire or become acquainted with,

prior to the termination of his services under this Agreement, whether developed by himself or by others, concerning (I) any trade secrets, confidential of secret designs, processes, formula, know-how, software, plans, devices, technologies, or materials (whether or not patented or patent table) directly or indirectly useful in any aspect of the business of Company, (ii) any confidential customer or supplier list

of Company, (iii) any confidential or secret development or research work of Company, (iv) any financial or accounting information of the Company, or (v) any other confidential or secret aspect of the business of Company. Consultant acknowledges that the above described knowledge or information constitutes a unique and valuable asset of the Company, acquired at great time and expense by Company, which is secret and confidential and which will be communicated to contractor in confidence

in the course of his services under this Agreement, and agrees that by any disclosure or other use of such knowledge or information other than for the sole benefit of Company would be wrongful and would cause irreparable harm to Company. Both during and after the performance of contractor's services under this Agreement, contractor will refrain from any acts or omissions that would reduce the value of such knowledge or information to Company. The foregoing obligations of confidentiality, however, shall not apply to any knowledge or information, which is now, or hereafter becomes, published and

generally publicly known through no fault of contractor.

 

No Authority to Bind: Contractor has no authority to enter into contracts or agreements on behalf of the Company.

 

Status: In performing services as contemplated under this Agreement, the parties acknowledge and agree that contractor is an independent partner, not an employee of the Company. Contractor shall perform the services required by this Agreement according to Contractor own means and methods, which shall be in the exclusive charge and control of contractor and which shall not be subject to the control and supervision of the Company, except as to the results of the work. Contractors shall indemnify and hold the company, and its directors, officers, employees, and agents harmless from and against any

loss or liability, including attorneys' fees, arising from the performance of contractor's services pursuant to this Agreement.

 

Tax Reporting and Withholding: Contractor is not an employee of the Company and the Company will not withhold any income tax, FICA, Medicare, worker's compensation, or other employment taxes from payment made to contractor pursuant to this Agreement. Contractor is responsible for income tax withholding, FICA, Medicare, and other withholding or employment taxes, if any as required with respect to payments made to requirements relating to payments made to an independent Contractor. In

the event any income tax, FICA, Medicare, worker's compensation, or other withholding or employment taxes related to payments, the Company makes to contractor under this employees, and agents, harmless from and against any loss or liability, including attorneys' fees, penalties, and interest.

Please fax all pages to C&A at 678-668-8760

2140 McGee Rd Suite C-640 Snellville, GA 30078 Phone (678) 514-2186 Fax (678) 668-8760.

 

Termination: Either party may terminate this contract with a written 30 day notice.

 

General:

a. The parties acknowledge that the rights and obligations hereunder are personal and not assignable by either party to another person or entity without the prior written consent of the other party, which consent may be withheld in the sole and absolute discretion of the requested party. The attempted assignment without such prior written consent shall be null and void.

 

b. All rights, powers and remedies herein may be exercised only to the extent that the exercise thereof does not violate any applicable law, and are intended to be limited to the extent necessary so that they will not render this Agreement invalid or unenforceable, in whole or in part, under applicable law. If any provision of this Agreement is held invalid, illegal or unenforceable provision shall be reformed to the full extend permitted by law in order to give maximum effect to the parties' intent hereunder.

 

c. This Agreement shall be governed and construed in accordance with the internal laws (and not the conflicts of law principles) of the State of Georgia. All claims shall be resolved by arbitration. A single arbitrator or panel of arbitrators shall conduct the arbitration in accordance with the then current rules of the American Arbitration Association ("AAA"). The arbitrator's decision shall be binding and judgment may be entered in any court having jurisdiction thereof.

 

d. The prevailing party in any action arising out of this Agreement shall be entitled to recover it's reasonable attorneys' fees incurred herein together with all costs and additional expenses reasonably incurred by such a party in connection with the action, whether or not normally included as taxable costs.

 

e. Company and contractors will each, at the request of the other, execute and deliver to each other all such further instruments and perform all such further actions as may be reasonably requested in order to effectuate the purposes of this Agreement.

 

f. Limitation of Liability: Company nor Companies affiliates shall be liable to contractor or any third party for special, consequential, incidental or indirect damages, including without limitation, damages resulting from the use of inability to use the provided services / products, delay of delivery and implementation, or loss of profits, data, business or goodwill, whether or not such party has been advised or is aware of the possibility of such damages. Notwithstanding and in addition to the foregoing, Companies liability for claims of any kind arising out of or relating to

this Agreement shall be limited solely to money damages and shall not in any event or under any set of circumstances exceed commission due to contractor.

g. This Agreement and constitutes the complete and entire agreement between the parties with respect to the subject matter hereof. This Agreement may not be amended, modified, or altered without the express written consent of the parties.

 

TERMINATION: Either party may terminate this agreement at any time effective upon written notice. Commissions received from partners for installations that are complete and or pending completion prior to the date of termination will be paid to contractor upon completion as herein defined. Contractor will not be compensated for any commissions received from partners after termination except as defined herein.

TERMINATION FOR CAUSE: If Company terminates Contractor for cause, no commissions or rights to receive commissions are deemed earned or survive after termination. Contractor Partner is liable for its actions and the action of its employees, agents and related parties. "Cause" includes fraudulent behavior, and unethical activities or behaviors, which act to jeopardize the Agency relationship between Company and any Carrier/partner.

 

If any part of this contract should be found to violate any state or local law that portion shall be void and the rest of the contract shall be fully enforceable.  By signing this contract you are agreeing in advance to settle any differences which may arise in the implementation of our business agreement with a binding third party to be determined by Clark and Associates.  In addition, the terms of this contract can change as long as Clark and Associates do so by giving the business associate a 30 day written notice.  This contract can be voided by Clark and Associate at any time provided a 30 day written notice is provided.

 

 

By signing below, the Contractor agrees to all terms and conditions within:

 

_______________________________   ___________________________      _________

Printed Name of Authorized Contractor  Signature of Authorized Contractor   Date

Contractor                                                

 

Who Referred You into the Program:     _____________________________________

 

Did you pay the $250 enrollment fee?_______________

_______________________________   ___________________________  _________

Clark and Associates Representative       Signature of Authorized Rep         Date

 

 The company::
Clark and Associates Credit Unmasked, LLC2140 McGee Road, Suite C-640


 

 

  • The Fair Credit Reporting Act (FCRA) is designed to promote accuracy, fairness, and privacy of information in the files of every "consumer reporting agency" (CRA). Most CRAs are credit bureaus that gather and sell information about you - such as where you work and live, if you pay your bills on time, and whether you've been sued, arrested, or have filed for bankruptcy -- to creditors, employers, and other businesses. The FCRA gives you specific rights in dealing with CRAs, and requires them to provide you with a summary of these rights as listed below. You can find the complete text of the FCRA, 15 U.S.C, 1681 et seq. at the Federal Trade Commission's web site (http://www.ftc.gov).
  • You must be told if information in your file has been used against you. Anyone who uses information from a CRA to take action against you -- such as denying an application for credit, insurance, or employment must give you the name, address, and phone number of the CRA that provided the report.
  • You can find out what is in your file. A CRA must give you all the information in your file, and a list of everyone who has requested it recently. However, you are not entitled to a "risk score" or a "credit score" that is based on information in your file. There is no charge for the report if your application was denied because of information supplied by the CRA, and if you request the report within 60 days of receiving the denial notice. You are also entitled to one free report a year if you certify that (1) you are unemployed and plan to seek employment within 60 days, (2) you are on welfare, or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you a fee of up to eight dollars.
  • You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains inaccurate information, the CRA must reinvestigate the items (usually within 30 days) unless your dispute is frivolous. The CRA must pass along to its source all relevant information you provided. The CRA also must supply you with written results of the investigation and a copy of your report, if it has changed. If an item is altered or deleted because you dispute it, the CRA cannot place it back in your file unless the source of the information verifies its accuracy and completeness, and the CRA provides you a written notice that includes the name, address and phone number of the source.
  • Inaccurate information must be deleted. A CRA must remove inaccurate information from its files, usually within 30 days after you dispute its accuracy. The largest credit bureaus must notify other national CRAs if items are altered or deleted, However, the CRA is not required to remove data from your file that is accurate unless it is outdated or cannot be verified.
  • You can dispute inaccurate items with the source of the information. If you tell anyone -- such as a creditor who reports to a CRA -- that you dispute an item, they may not then report the information to a CRA without including a notice of your dispute. In addition, once you've notified the source of the error in writing, they may not continue to report it if it is in fact an error. Outdated information may not be reported. In most cases, a CRA may not report negative information that is more than seven years old; ten years for bankruptcies.
  • Access to your file is limited. A CRA may provide information about you only to those who have a need recognized by the FCRA -- usually to consider an application you have submitted to a creditor, insurer, employer, landlord, or other business. · Your consent is required for reports that are provided to employers or that contain medical information. A CRA may not report to your employer, or prospective employer, about you without your written consent. A CRA may not divulge medical information about you without your permission.
  • You can stop a CRA from including you on lists for unsolicited credit and insurance offers. Creditors and insurers may use file information as the basis for sending you unsolicited offers of credit or insurance. Such offers must include a toll-free number for you to call and tell the CRA if you want your name and address excluded from future lists or offers. If you notify the CRA through the toll-free number, it must keep you off the lists for two years. If you request and complete the CRA form provided for this purpose, you can have your name and address removed indefinitely.
  • You may seek damages from violators. You may sue a CRA or other party in state or federal court for violations of the FCRA- If you win, the defendant may have to pay damages and reimburse you for attorney fees. If you lose and the court specifically finds you sued in bad faith, you or your attorney may have to pay the defendant's fees.
  • You may have additional rights under state law. You may wish to contact a state or local consumer protection agency or a State attorney general to learn those rights. If you have questions or believe your file contains errors, call our toll-free number.

2009   Company   S.O.P.  &

Training Manual

Fair  Credit-A Summary of Rights and Laws

 


Fair Credit Billing

Have you ever been billed for merchandise you returned or never received? Has your credit card company ever charged you twice for the same item or failed to credit a payment to your account? While frustrating, these errors can be corrected. It takes a little patience and knowledge of the dispute settlement procedures provided by the Fair Credit Billing Act (FCBA).

The law applies to "open end" credit accounts, such as credit cards, and revolving charge accounts - such as department store accounts. It does not cover installment contracts - loans or extensions of credit you repay on a fixed schedule. Consumers often buy cars, furniture and major appliances on an installment basis, and repay personal loans in installments as well.

What types of disputes are covered?

The FCBA settlement procedures apply only to disputes about "billing errors." For example:

  • Unauthorized charges. Federal law limits your responsibility for unauthorized charges up to $50.00.
  • Charges that list the wrong date or amount.
  • Charges for goods and services you didn't accept or weren't delivered as agreed.
  • Math errors.
  • Failure to post payments and other credits, such as returns.
  • Failure to send bills to your current address - provided the creditor receives your change of address, in writing, at least 20 days before the billing period ends
  • Charges for which you ask for an explanation or written proof of purchase along with a claimed error or request for clarification.

To take advantage of the law's consumer protections, you must:

  • Write to the creditor at the address given for "billing inquiries," not the address for sending your payments, and include your name, address, account number and a description of the billing error.
  • Send your letter so that it reaches the creditor within 60 days after the first bill containing the error was mailed to you.

Send your letter by certified mail, return receipt requested, so you have proof of what the creditor received. Include copies (not originals) of sales slips or other documents that support your position. Keep a copy of your dispute letter.

The creditor must acknowledge your complaint in writing within 30 days after receiving it, unless the problem has been resolved. The creditor must resolve the dispute within two billing cycles (but not more than 90 days) after receiving your letter.

Date
Your Name
Your Address
Your City, State, Zip Code
Your Account Number

Name of Creditor
Billing Inquiries
Address
City, State, Zip Code

Dear Sir or Madam:

I am writing to dispute a billing error in the amount of $______on my account. The amount is inaccurate because (describe the problem). I am requesting that the error be corrected, that any finance and other charges related to the disputed amount be credited as well, and that I receive an accurate statement.

Enclosed are copies of (use this sentence to describe any enclosed information, such as sales slips, payment records) supporting my position. Please investigate this matter and correct the billing error as soon as possible.

Sincerely,
Your name
Enclosures: (List what you are enclosing.)

 

What happens while my bill is in dispute?

You may withhold payment on the disputed amount (and related charges), during the investigation. You must pay any part of the bill not in question, including finance charges on the undisputed amount.

The creditor may not take any legal or other action to collect the disputed amount and related charges (including finance charges) during the investigation. While your account cannot be closed or restricted, the disputed amount may be applied against your credit limit.

Will my credit rating be affected?

The creditor may not threaten your credit rating or report you as delinquent while your bill is in dispute. However, the creditor may report that you are challenging your bill. In addition, the Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants who exercise their rights, in good faith, under the FCBA. Simply put, you cannot be denied credit simply because you've disputed a bill.

What if...

...the bill is incorrect?

If your bill contains an error, the creditor must explain to you - in writing - the corrections that will be made to your account. In addition to crediting your account, the creditor must remove all finance charges, late fees or other charges related to the error.

If the creditor determines that you owe a portion of the disputed amount, you must get a written explanation. You may request copies of documents proving you owe the money.

...the bill is correct?

If the creditor's investigation determines the bill is correct, you must be told promptly and in writing how much you owe and why. You may ask for copies of relevant documents. At this point, you'll owe the disputed amount, plus any finance charges that accumulated while the amount was in dispute. You also may have to pay the minimum amount you missed paying because of the dispute.

If you disagree with the results of the investigation, you may write to the creditor, but you must act within 10 days after receiving the explanation, and you may indicate that you refuse to pay the disputed amount. At this point, the creditor may begin collection procedures. However, if the creditor reports you to a credit bureau as delinquent, the report also must state that

you don't think you owe the money. The creditor must tell you who gets these reports.

...the creditor fails to follow the procedure?

Any creditor who fails to follow the settlement procedure may not collect the amount in dispute, or any related finance charges, up to $50, even if the bill turns out to be correct. For example, if a creditor acknowledges your complaint in 45 days - 15 days too late - or takes more than two billing cycles to resolve a dispute, the penalty applies. The penalty also applies if a creditor threatens to report - or improperly reports - your failure to pay to anyone during the dispute period.

An important caveat

Disputes about the quality of goods and services are not "billing errors," so the dispute procedure does not apply. However, if you buy unsatisfactory goods or services with a credit or charge card, you can take the same legal actions against the card issuer as you can take under state law against the seller.

To take advantage of this protection regarding the quality of goods or services, you must:

have made the purchase (it must be for more than $50) in your home state or within 100 miles of your current billing address;

Make a good faith effort to resolve the dispute with the seller first.

The dollar and distance limitations don't apply if the seller also is the card issuer - or if a special business relationship exists between the seller and the card issuer.

 

Other billing rights

Businesses that offer "open end" credit also must:

  • give you a written notice when you open a new account - and at certain other times - that describes your right to dispute billing errors;
  • provide a statement for each billing period in which you owe - or they owe you - more than one dollar;
  • send your bill at least 14 days before the payment is due - if you have a period within which to pay the bill without incurring additional charges;
  • Credit all payments to your account on the date they're received, unless no extra charges would result if they failed to do so. Creditors are permitted to set some reasonable rules for making payments, say setting a reasonable deadline for payment to be received to be credited on the same date; and
  • Promptly credit or refund overpayments and other amounts owed to your account. This applies to instances where your account is owed more than one dollar. Your account must be credited promptly with the amount owed. If you prefer a refund, it must be sent within seven business days after the creditor receives your written request. The creditor must also make a good faith effort to refund a credit balance that has remained on your account for more than six months.

 

 

Suing the creditor

You can sue a creditor who violates the FCBA. If you win, you may be awarded damages, plus twice the amount of any finance charge - as long as it's between $100 and $1,000. The court also may order the creditor to pay your attorney's fees and costs.

If possible, hire a lawyer who is willing to accept the amount awarded to you by the court as the entire fee for representing you. Some lawyers may not take your case unless you agree to pay their fee - win or lose - or add to the court-awarded amount if they think it's too low.

Reporting FCBA violations

The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

Equal Credit Opportunity

Credit is used by millions of consumers to finance an education or a house, remodel a home, or get a small business loan.

The Equal Credit Opportunity Act (ECOA) ensures that all consumers are given an equal chance to obtain credit. This doesn’t mean all consumers who apply for credit get it: Factors such as income, expenses, debt, and credit history are considerations for creditworthiness.

The law protects you when you deal with any creditor who regularly extends credit, including banks, small loan and finance companies, retail and department stores, credit card companies, and credit unions. Anyone involved in granting credit, such as real estate brokers who arrange financing, is covered by the law. Businesses applying for credit also are protected by the law.

When You Apply For Credit, A Creditor May Not...

  • Discourage you from applying because of your sex, marital status, age, race, national origin, or because you receive public assistance income.
  • Ask you to reveal your sex, race, national origin, or religion. A creditor may ask you to voluntarily disclose this information (except for religion) if you’re applying for a real estate loan. This information helps federal agencies enforce anti-discrimination laws. You may be asked about your residence or immigration status.
  • Ask if you’re widowed or divorced. When permitted to ask marital status, a creditor may only use the terms: married, unmarried, or separated.
  • Ask about your marital status if you’re applying for a separate, unsecured account. A creditor may ask you to provide this information if you live in "community property" states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington. A creditor in any state may ask for this information if you apply for a joint account or one secured by property.
  • Request information about your spouse, except when your spouse is applying with you; your spouse will be allowed to use the account; you are relying on your spouse’s income or on alimony or child support income from a former spouse; or if you reside in a community property state.
  • Inquire about your plans for having or raising children.
  • Ask if you receive alimony, child support, or separate maintenance payments, unless you’re first told that you don’t have to provide this information if you won’t rely on these payments to get credit. A creditor may ask if you have to pay alimony, child support, or separate maintenance payments.

 

When Deciding To Give You Credit, A Creditor May Not...

  • Consider your sex, marital status, race, national origin, or religion.
  • Consider whether you have a telephone listing in your name. A creditor may consider whether you have a phone.
  • Consider the race of people in the neighborhood where you want to buy, refinance or improve a house with borrowed money.
  • Consider your age, unless:

you’re too young to sign contracts, generally younger than 18 years of age;

you’re 62 or older, and the creditor will favor you because of your age;

it’s used to determine the meaning of other factors important to creditworthiness. For example, a creditor could use your age to determine if your income might drop because you’re about to retire;

it’s used in a valid scoring system that favors applicants age 62 and older. A credit-scoring system assigns points to answers you provide to credit application questions. For example, your length of employment might be scored differently depending on your age.

When Evaluating Your Income, A Creditor May Not...

  • Refuse to consider public assistance income the same way as other income.
  • Discount income because of your sex or marital status. For example, a creditor cannot count a man’s salary at 100 percent and a woman’s at 75 percent. A creditor may not assume a woman of childbearing age will stop working to raise children.
  • Discount or refuse to consider income because it comes from part-time employment or pension, annuity, or retirement benefits programs.
  • Refuse to consider regular alimony, child support, or separate maintenance payments. A creditor may ask you to prove you have received this income consistently.

You Also Have The Right To...

  • Have credit in your birth name (Mary Smith), your first and your spouse’s last name (Mary Jones), or your first name and a combined last name (Mary Smith-Jones).
  • Get credit without a cosigner, if you meet the creditor’s standards.
  • Have a cosigner other than your husband or wife, if one is necessary.
  • Keep your own accounts after you change your name, marital status, reach a certain age, or retire, unless the creditor has evidence that you’re not willing or able to pay.
  • Know whether your application was accepted or rejected within 30 days of filing a complete application.
  • Know why your application was rejected. The creditor must give you a notice that tells you either the specific reasons for your rejection or your right to learn the reasons if you ask within 60 days.
  • Acceptable reasons include: "Your income was low," or "You haven’t been employed long enough." Unacceptable reasons are: "You didn’t meet our minimum standards," or "You didn’t receive enough points on our credit-scoring system." Indefinite and vague reasons are illegal, so ask the creditor to be specific.
  • Find out why you were offered less favorable terms than you applied for—unless you accept the terms. Ask for details. Examples of less favorable terms include higher finance charges or less money than you requested.
  • Find out why your account was closed or why the terms of the account were made less favorable unless the account was inactive or delinquent.

A Special Note To Women

A good credit history—a record of how you paid past bills—often is necessary to get credit. Unfortunately, this hurts many married, separated, divorced, and widowed women. There are two common reasons women don’t have credit histories in their own names: they lost their credit histories when they married and changed their names; or creditors reported accounts shared by married couples in the husband’s name only.

If you’re married, divorced, separated, or widowed, contact your local credit bureau(s) to make sure all relevant information is in a file under your own name.  

If You Suspect Discrimination...

  • Complain to the creditor. Make it known you’re aware of the law. The creditor may find an error or reverse the decision.
  • Check with your state Attorney General to see if the creditor violated state equal credit opportunity laws. Your state may decide to prosecute the creditor.
  • Bring a case in federal district court. If you win, you can recover damages, including punitive damages. You also can obtain compensation for attorney’s fees and court costs. An attorney can advise you on how to proceed.
  • Join with others and file a class action suit. You may recover punitive damages for the group of up to $500,000 or one percent of the creditor’s net worth, whichever is less.
  • Report violations to the appropriate government agency. If you’re denied credit, the creditor must give you the name and address of the agency to contact. While some of these agencies don’t resolve individual complaints, the information you provide helps them decide which companies to investigate. A list of agencies follows.

If a retail store, department store, small loan and finance company, mortgage company, oil company, public utility, state credit union, government lending program, or travel and expense credit card company is involved, contact:

Consumer Response Center
Federal Trade Commission
Washington, DC 20580.

The FTC cannot intervene in individual disputes, but the information you provide may indicate a pattern of possible law violations that require action by the Commission.

If your complaint concerns a nationally-chartered bank (National or N.A. will be part of the name), write to:

Comptroller of the Currency
Compliance Management
Mail Stop 7-5
Washington, DC 20219

If your complaint concerns a state-chartered bank that is insured by the Federal Deposit Insurance Corporation but is not a member of the Federal Reserve System, write to:

Federal Deposit Insurance Corporation
Consumer Affairs Division
Washington, DC 20429

If your complaint concerns a federally-chartered or federally-insured savings and loan association, write to:

Office of Thrift Supervision
Consumer Affairs Program
Washington, DC 20552

If your complaint concerns a federally-chartered credit union, write to:

National Credit Union Administration
Consumer Affairs Division
Washington, DC 20456

Complaints against all kinds of creditors can be referred to:

Department of Justice
Civil Rights Division
Washington, DC 20530

For More Information

The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

Fair Debt Collection

If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a "debtor." If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector."

You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Of course, the law does not erase any legitimate debt you owe.

This brochure answers commonly asked questions about your rights under the Fair Debt Collection Practices Act.

What debts are covered?

Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.

Who is a debt collector?

A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.

How may a debt collector contact you?

A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.

Can you stop a debt collector from contacting you?

You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.

May a debt collector contact anyone else about your debt?

If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.

What must the debt collector tell you about the debt?

Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.

May a debt collector continue to contact you if you believe you do not owe money?

A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.

What types of debt collection practices are prohibited?
Harassment, Debt collectors may not harass, oppress, or abuse you or any third parties they contact.

For example, debt collectors may not:

  • use threats of violence or harm;
  • publish a list of consumers who refuse to pay their debts (except to a credit bureau);
  • Use obscene or profane language; or repeatedly use the telephone to annoy someone.

False statements Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:

  • falsely imply that they are attorneys or government representatives;
  • falsely imply that you have committed a crime;
  • falsely represent that they operate or work for a credit bureau;
  • misrepresent the amount of your debt;
  • indicate that papers being sent to you are legal forms when they are not; or
  • Indicate that papers being sent to you are not legal forms when they are.

Debt collectors also may not state that:

  • you will be arrested if you do not pay your debt;
  • they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
  • Actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.

 

Debt collectors may not:

  • give false credit information about you to anyone, including a credit bureau;
  • send you anything that looks like an official document from a court or government agency when it is not; or
  • use a false name.

Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:

  • collect any amount greater than your debt, unless your state law permits such
    a charge;
  • deposit a post-dated check prematurely;
  • use deception to make you accept collect calls or pay for telegrams;
  • take or threaten to take your property unless this can be done legally; or
  • contact you by postcard.

What control do you have over payment of debts?

If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.

What can you do if you believe a debt collector violated the law?

You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney’s fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever is less.

Where can you report a debt collector for an alleged violation?

Report any problems you have with a debt collector to your state Attorney neral’s office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General’s office can help you determine your rights.

The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

 

 

Use These Numbers to Order Reports:

  • Equifax 1-800-685-1111 This one lets you get a free report if you have been denied credit in the last 60 days. Option 2. Make sure that you order only the credit report. Mail within 48 hours.
  • TransUnion - 800-916-8800 - mail within 6 to 8 business days.
  • Experian - 888-397-3742 - receive within 8 to 10 business days.

Caution: if your phone request gets lost, you'll have to write anyway. If your letter is later than 30 days after you were denied credit, employment, or insurance, you might have to pay for the report. It would be a good idea to mention in your letter the date that you requested the report by phone. Equifax also requests that you follow up your phone order with a written request containing proof of address, your driver's license, name, date of birth and SSN.

Use for Disputes on Credit Reports:

Experian
NCAC
PO Box 9556
Allen TX 75013
888-397-3742

Equifax Information Services
P O BOX 740256
Atlanta, GA 30374
800-997-2493

TransUnion
Customer Disclosure Center
Trans Union Consumer Relations
PO Box 2000
Chester, PA 19022-2000
800-888-4213

When mailing your request, make sure you send all of the information contained here.

Via the World Wide Web

Free ways to get your credit report

 

  • Some states have laws requiring the bureaus to provide more than one free credit report per year. To find out if your state requires this and more details about the cost of ordering your report, see our article on state credit report costs.
  • If you are turned down for credit, employment, or insurance within the last 60 days. Take the written proof of your turn down and mail it to the credit bureaus, requesting your free report.
  • If you were charged higher rates and fees or deposits based on a credit report issued by a credit bureau, you have the right to get a free copy from that bureau
  • If you certify in writing that either you are unemployed and plan to seek employment in the next 60 days
  • If you are on welfare
  • If you write to say you were a victim of fraud
  • If you are too impatient to wait for this, you can always order your credit report online:

Or just get a single bureau's credit report (Experian).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

chapter 22

 

 

 

 

 

                                                                                                                                                                                                                  

The 3 Major Credit Bureaus

 

Who are the 3 credit bureaus?

 

The 3 national credit bureaus systems in the United States are Equifax, Experian, and Trans Union. Experian was formerly known as TRW. A fourth national credit bureau named Innovis exists, but does not currently seem to factor into decisions for denials of credit, insurance or employment. It is more in a development stage.

These national credit bureaus are for-profit companies owned by their shareholders. They are not government entities or funded by the government. There are also independent, non-national, local credit bureaus throughout the country that are generally affiliated with one of the 3 national systems, but may not be owned by the national credit bureaus. Local bureaus are sometimes for-profit companies and sometimes non-profit associations of lender/members in a particular geographical area.

The 3 national credit bureaus are competitors of each other, and they do not normally share their credit information except in special cases. That is why it is important to order a credit report from all three credit bureaus.

Credit bureaus gather their consumer credit information by soliciting creditors such as credit card companies, banks, and lenders to join their systems and contribute their credit experience on consumers to the systems. In return for submitting information to the systems, creditor members may use the system to obtain credit information on consumers to approve credit decisions or review existing consumer accounts.

Credit bureaus are generally regulated by the Fair Credit Reporting Act (FCRA), which is the Federal law generally covering credit bureaus and credit reporting in this country. Individual states may also have their own versions of the law.

Under Federal law credit bureaus and credit reporting companies known as CRAs (consumer reporting agencies) have numerous responsibilities to protect consumers and their credit information. A Summary of the FCRA is at http://www.creditreporting.com/fair-credit-reporting-act-law.html .
The complete text of the Federal law is at: http://www.ftc.gov/os/statutes/fcra.htm

Opt Out Number For Credit Bureau List Sales

IN COMPLIANCE WITH THE FAIR CREDIT REPORTING ACT OF 1996...
The credit reporting industry has designated a single toll free number that will allow consumers to opt out of promotional mailing lists sold by credit bureaus.  The system is an interactive voice mail that requests information necessary to opt out of such lists.

TO USE THE SYSTEM...
Consumers should call (888) 5 OPT OUT and follow the voice prompt.   Once the information is recorded, an e-mail is sent to the three bureaus daily and posted to consumer files.   The number is available 24 hours a day.

 

 

 

 

 

 

A Little History…

The 3 major credit unions are not designed with the consumer in mind. The system is set up to the advantage of the companies requesting credit scores. The main focus of credit bureaus is to provide accurate information to the companies requesting histories of credit applicants.

[edit]

Equifax

Equifax is one of the 3 major credit bureaus. This company has been in business for over 100 years. Although Equifax is headquartered in Atlanta, Georgia, it has offices in many different countries throughout the globe.

This credit bureau caters to both small and large businesses as well as assisting individual consumers with accurate credit reporting. This does not mean that every Equifax report is completely free of errors and omissions, but Equifax does try to promptly correct any problems on credit reports. It is in this company's best interest to resolve issues quickly – as it is for each of the major credit bureaus – because their product is accurate credit history reporting to lenders and other requesting organizations.

[edit]

Experian

Experian is another of the major credit bureaus. This company focuses on providing business services to interested companies. Companies pay Experian to provide creditworthy leads for direct mailing and preapproved offers. For example, when consumers receive preapproved credit card offers in the mail there is a good chance that the original information regarding the consumer's creditworthiness was supplied to the creditor by Experian or one of the other credit bureaus.

This credit bureau also offers ContractorCheck, a service for individuals to use prior to employing a contractor to check the status of the contractor's licensing, credit, and other important information.

[edit]

TransUnion

TransUnion is another major credit bureau. This company began operations in 1968 and is headquartered in Chicago, Illinois. TransUnion maintains credit reports for millions of consumers including overseas consumers who do not reside within the United States.

This company provides a variety of educational materials to consumers with information on credit management and other financial issues. TransUnion's Credit Learning Center supplies consumers with answers to common credit questions as well as other useful information.

[edit]

One, Two, or Three

Lenders may request credit reports from only one preferred credit bureau or may instead request copies from all three major credit bureaus. Some lenders and other requesting companies may use a combination of the three.

Requesting a credit report costs money. Even though it is much more financially advantageous to request only one report, the best way to get an accurate view of a potential borrower's credit history is to take a look at all three reports in their entirety.

[edit]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Basics

How to read a credit report

 

 

 

Anatomy of a credit report


A credit report is basically divided into four sections: identifying information, credit history, public records and inquiries.


Identifying information is just that -- information to identify you. Look at it closely to make sure it's accurate. It's not unusual, Sweet says, for there to be two or three spellings of your name or more than one Social Security number. That's usually because someone reported the information that way. The variations will stay on your credit report; "If it's reported wrong, we leave it because it might mess up the link. Don't be concerned about variations."
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Other information might include your current and previous addresses, your date of birth, telephone numbers, driver's license numbers, your employer and your spouse's name.

The next section is your credit history. Sometimes, the individual accounts are called trade lines.

Each account will include the name of the creditor and the account number, which may be scrambled for security purposes. You may have more than one account from a creditor. Many creditors have more than one kind of account, or if you move, they transfer your account to a new location and assign a new number. The entry will also include:

  • When you opened the account
  • The kind of credit (installment, such as a mortgage or car loan, or revolving, such as a department store credit card)
  • Whether the account is in your name alone or with another person
  • Total amount of the loan, high credit limit or highest balance on the card
  • How much you still owe
  • Fixed monthly payments or minimum monthly amount
  • Status of the account (open, inactive, closed, paid, etc.)
  • How well you've paid the account

 

On Experian's report, your payment history is written in plain English -- never pays late, typically pays 30 days late, etc. Other comments might include internal collection and charged off or default.

"Charged off means the creditor has given up, thrown in the towel. He's made efforts to collect and written it off."

Other reports use payment codes ranging from 1 to 9; an R1 or I1 on a report is an indication of a good payment history on a revolving or installment account.

Better off blank


The next section is the part you want to be absolutely blank. The public records section "is never a good story.”If you have a public record on there, you've had a problem.

It doesn't list arrests and criminal activities; just financial-related data, such as bankruptcies, judgments and tax liens. Those are the monsters that will trash your credit faster than anything else.

The final section is the inquiries. That's a list of everyone who asked to see your credit report.

"Any time anyone gets into the report, it'll post an inquiry.”If you call the credit bureau and ask for a copy, it will be on there. It's a very detailed entry record. It's great for the consumer."

Inquiries are divided into two sections. "Hard" inquiries are ones you initiate by filling out a credit application or taking your child to the orthodontist. "Soft" inquiries are from companies that want to send out promotional information to a pre-qualified group or current creditors who are monitoring your account.

You may have heard that a large number of inquiries can have a negative impact on your credit score, but you're probably OK.  "The vast majority of inquiries are ignored by the FICO scoring models.

 

For instance, the model has a buffer period that ignores inquiries within 30 days of getting a mortgage or a car loan. It also counts two or more "hard" inquiries in the same 14-day period as just one inquiry."You could have 30 in two weeks and it only counts as one.

If you find a mistake on your credit report -- an account that isn't yours or a disputed amount -- you'll need to fill out the form that comes with the report, or follow the instructions on the explanatory sheet.

The process takes time because the creditors have 30 days to respond to a charge of a discrepancy. As long as a charge is in dispute, that dispute will show up on your report. Long-time lenders say it's common for reports to have errors. Some estimate that as many as 80 percent of all credit reports have some kind of misinformation.

 

<!--[if !vml]-->Equifax format credit report layout<!--[endif]-->Equifax Credit Report Format

Equifax format credit reports in the standard Acrofile Plus layout for Equifax can be provided for easy integration into your application. Alternatively, the MERit Credit Engine provides credit report data in database tables or as XML, so it is possible to create your own custom-design report layouts.

Equifax Layout

1. Inquiry Data Shows the data used for the request. It identifies the consumer name, current address, former address and employment (if provided,) and social security number.

2. Report Header   Appears at the top of reports to identify the operator, the user reference (if provided) and relevant dates and times.

3. Risk Models One or more credit scores may appear here, along with reason codes. This example shows a BEACON score.

4. Safescan Alerts  Possible fraud indicators, such as an SSN used with other names or reported as deceased.

5. OFAC Alert provides a record of the check against the Office of Foreign Assets Control database for USA PATRIOT Act compliance.

6. Consumer referral address shows the credit bureau phone number and address to be provided to the consumer if credit is declined.

7.  Subject Identification shows the full name that Equifax has on file.  SINCE indicates the date the file was established, FAD is the date the file was last updated, FN is the Equifax internal file number.

8. Addresses (Current and Former) with dates reported.

9. BDS / Social Security Number Birth date of the subject and one or more Social Security numbers associated with this consumer.

10. Employment  Up to four lines showing recent employers (as known to Equifax.)

11. Profile Summary is a quick overview of the  rest of the report. SUM - The date range covered. PR/OI - Existence of public records or other information. (Yes or No.)  COLL - Existence of collection items. (Yes or No.)  FB - Foreign bureau accounts (how many.) ACCTS - Accounts (how many.)  HC - Range of lowest credit limit to highest reported credit limit or balance.
ONES, TWOS. - How many R1, R2 derogatory trade items.

12. Inquiry Alert - Warns of possibly excessive recent applications for credit.

13. Public Records - May include docket number and dollar amounts from garnishments, bankruptcies, judgments, and other court records. See table below.

14. Tradelines

A.

FIRM - The lender

B.

IDENT CODE - The lender's member number with Equifax, including a two-letter industry code. For example, AU designates used automobile dealer.

C.

CS - Current status. R1 is a revolving account paid as agreed, R2 is a past-due account (1 or 2 payments behind,)  etc.  R0 indicates the account is too new to rate. Other status codes indicate things such as repossession, lost/stolen card, etc. Installment loans with a fixed number of payments use I (instead of R.) Open 30, 60, or 90 day accounts use O (instead of R.)  See table below.

D.

ECOA - Equal Credit Opportunity Act code: I for individual, J for joint.  See table below.

E.

Account Number - Number assigned to the account by the lender, such as a credit card number. Some digits may be masked or truncated.

F.

RPTD, OPND Month and year this item was last reported and originally opened.

G.

LIMIT, P/DUE - Credit limit for revolving accounts (if reported) and the current amount past due.

H.

HICR, TERM - High credit - The highest the balance has been, and the term in months.

I.

BAL$ - Balance currently owed.

J.

DLA Date of Last Access (date reported)

K.

MR Months reviewed.

L.

 (30-60-90+) Number of 30-, 60-, & 90-day delinquencies

M.

MAX/DEL Date and status-code of the worst delinquency.  Example: 04/97 R3 indicates 3 payments behind in April of 1997. See table below.

N.

24 Month History - Status codes for up to 24 months: 1=on-time payment, 2=past-due up to 2 months, 3=past-due up to 3 months, etc.  (The most recent month is at the left.)

15. INQS - Company name, Equifax member number and dates of recent credit inquiries. Normally indicates where else the subject has applied for credit.
16. Online Directory - If ordered, telephone numbers and addresses of the subject's creditors can be listed to assist in skip-tracing, etc.

Other Items

OFAC Alert, if requested, provides a record of the check against the Office of Foreign Assets Control database for USA PATRIOT Act compliance.

Consumer's Statement (if present) is the subject's side of the story for items that may have been unsuccessfully disputed, or the consumer's explanation for late payments and other derogatory items.  A fraud victim alert may have also been included at request of the consumer.

CONSUMER STATEMENT RPTD 12/02 PURGE 12/08
#HK# ID FRAUD VICTIM ALERT: MY IDENTITY MAY HAVE BEEN USED WITHOU MY CONSENT
TO FRAUDULENTLY OBTAIN GOODS OR SERVICES FRAUDULENT APPLICATIONS MAY BE
SUBMITTED IN MY NAME USING CORRECT PERSONAL INFORMATION DO NOT EXTEND CREDIT
WITHOUT FIRST CONTACTING ME PERSONALLY AND VERIFYING ALL APPLICANT
INFORMATION AT 777-777-7777 DAY OR 888-888-8888 EVENING

 

Equifax Codes

Public Record Codes

Code

Description

Code

Description

AB JD

Abstract Judgment (foreclosure, etc.).

PD CL

Paid collection ($50 and up)

BKRPT

Bankruptcy

SECLN

Secured loan

FINCL

Financial counselors

SP MT

Separate maintenance

FN ST

Financial statement filed

ST JD

Satisfied judgment (foreclosure, etc.).

FORCL

Foreclosure

SUDI

Suit dismissed

GARN

Garnishment

SUIT

Lawsuit

LIEN

Tax Lien

UP CL

Unpaid collection ($50 and up)

MAR

Martial items (divorce, etc.)

WEP

Wage earner plan

N/RES

Non-responsibility

 

 

Equifax Trade Check Rating Codes

Installment
Account
(fixed number
 of payments

Revolving or
Option Account
(Open-ended)

Open Account
(30, 60, or 90-day
account.)

Meaning

I0

R0

O0

Too new to rate

I1

R1

O1

Pays account as agreed

I2

R2

O2

Not more than two payments past due

I3

R3

O3

Not more than three payments past due

I4

R4

O4

Not more than four payments past due

I5

R5

O5

More than 120 days or four payments past due

I7

R7

O7

Making regular payments under WEP.

I8

R8

O8

Repossession

I9

R9

O9

Bad debt; placed for collection

IA

RA

OA

Account is inactive

IB

RB

OB

Lost or stolen card

IC

RC

OC

Contact member for status

ID

RD

OD

Refinanced or renewed

IE

RE

OE

Consumer deceased

IF

RF

OF

In financial counseling

IG

RG

OG

Foreclosure process started

IH

RH

OH

In WEP of other party

IJ

RJ

OJ

Adjustment pending

IM

RM

OM

Included in Chapter 13


 

ECOA Codes

Description

A

Authorized User - This individual is an authorized user of this account; another individual has contractual responsibility

C

Joint Account Contractual Responsibility - This individual is contractually obligated to repay all debts arising on this account. There are other people associated with this account who may or may not have contractual responsibility.

I

Individual - This individual has contractual responsibility for this account and is primarily responsible for its payment

M

Maker (signer) - This individual is responsible for this account, which is guaranteed by a Co-maker (cosigner)

P

Shared Account - This individual participates in this account. The association cannot be distinguished between ECOA I or J

S

coSigner - This individual has guaranteed this account and assumes responsibility should signer default

T

Terminated - Account is terminated

U

Undesignated - This is reported by the Bureau only

X

Deceased - the subject is on record as being dead.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

What is a FICO score?

A FICO score is a credit score developed by Fair Isaac & Co. Credit scoring is a method of determining the likelihood that credit users will pay their bills. Fair, Isaac began its pioneering work with credit scoring in the late 1950s and, since then, scoring has become widely accepted by lenders as a reliable means of credit evaluation. A credit score attempts to condense a borrower’s credit history into a single number. Fair, Isaac & Co. and the credit bureaus do not reveal how these scores are computed. The Federal Trade Commission has ruled this to be acceptable.

Credit scores are calculated by using scoring models and mathematical tables that assign points for different pieces of information which best predict future credit performance. Developing these models involves studying how thousands, even millions, of people have used credit. Score-model developers find predictive factors in the data that have proven to indicate future credit performance. Models can be developed from different sources of data. Credit-bureau models are developed from information in consumer credit-bureau reports.

Credit scores analyze a borrower's credit history considering numerous factors such as:

  • Late payments
  • The amount of time credit has been established
  • The amount of credit used versus the amount of credit available
  • Length of time at present residence
  • Negative credit information such as bankruptcies, charge-offs, collections, etc.

There are really three FICO scores computed by data provided by each of the three bureaus––Experian, Trans Union and Equifax. Some lenders use one of these three scores, while other lenders may use the middle score.

Frequently Asked Questions (FAQs)

How can I increase my score?

While it is difficult to increase your score over the short run, here are some tips to increase your score over a period of time.

  • Pay your bills on time. Late payments and collections can have a serious impact on your score.
  • Do not apply for credit frequently. Having a large number of inquiries on your credit report can worsen your score.
  • Reduce your credit-card balances. If you are "maxed" out on your credit cards, this will affect your credit score negatively.
  • If you have limited credit, obtain additional credit. Not having sufficient credit can negatively impact your score.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter 3

Credit Profile

TERMINOLOGY

Your credit profile details your credit history as it has been reported to the credit reporting agencies by lenders who have extended credit to you. Your credit profile lists what types of credit you use, the length of time your accounts have been open, and whether you've paid your bills on time. It tells lenders how much credit you've used and whether you're seeking new sources of credit.

Basically, it is a picture of how you paid back the companies you have borrowed money from and how you have met other financial obligations.

There are usually five categories of information on a credit profile:

  • Identifying Information
  • Employment Information
  • Credit Information
  • Public Record Information
  • Inquiries

There are many items that are NOT included on your credit profile, including:

  • Your Race
  • Your Religion
  • Your Health
  • Your Driving Record
  • Your Criminal Record
  • Your Political Preference
  • Your Income

 

 

 

 

 

Credit Card Profiling

Credit card companies are trying to cut the credit lines of many customers. And they’re looking well beyond payment history — to who holds their mortgage, even where they shop. Customers are outraged, but card issuers say they are simply managing risk in tough economic times

You probably already understand the importance of keeping your credit in excellent shape, by paying on time, keeping balances low and building up a solid borrowing history.

But what if you believe you are doing all the right things, and your issuer still lowers your credit limit?

A report on Good Morning America suggests that so-called credit profiling is on the rise. This assessment moves beyond the traditional method of weighing up an individual's financial actions to also consider the behavior of others who spend their money in the same places.

Experts told the ABC program that the practice, officially known as "behavioral scoring" is being used by credit card companies to help them determine a customer's risk.

Robert Manning, director of the Center for Consumer Financial Services at the Rochester Institute of Technology, said it may be easy for cardholders to unintentionally raise a red flag with their provider, simply by changing their habits.

For example, suddenly making a number of purchases at discount stores when you have shopped at more high-end retailers in the past could be interpreted by credit card companies as a sign of financial problems.

They may then reduce your credit limit to try and prevent you from running up a large bill you cannot afford to pay.

Not only does a lower credit limit affect your capacity to spend, it also has a negative effect on your credit score.

That's because one of the elements used to determine that all-important FICO score is your credit-to-debt ratio. The larger the ratio between your available credit and the amount of your balance, the higher your score is likely to be.

Consumer advocates hope that the government will move to discourage behavioral scoring and similar measures that may end up penalizing good customers.

"What are the rules of the game? That's all consumers really want to know.”

Data Mining and Credit Profiling: How Lenders Lure You to Borrow

Although responsibility for every penny of debt ultimately rests with the borrower, lenders have developed tempting baits to lure consumers into their traps. A recent New York Times article by Brad Stone describes a system that works against Americans, not for them. Using sophisticated data-mining algorithms, banks and other financial institutions craft tailor-made offers that many find difficult to resist.

The American information economy has been evolving for decades. Equifax, for example, has been compiling financial histories of consumers for more than a century. Since 1970, use of that data has been regulated by the Federal Trade Commission under the Fair Credit Reporting Act.

But Equifax and its rivals started offering new sets of unregulated demographic data over the last decade — not just names, addresses and Social Security numbers of people, but also their marital status, recent births in their family, education history, even the kind of car they own, their television cable service and the magazines they read.

Data miners use this information to create specialized databases, which they sell to lenders. One database might contain a list of people who make a modest salary but have many children, for example. Another might feature wealthy widows with small houses. Based on previous market research, a lender can target specific offers to these groups with the knowledge that many people will take the bait.

If you’ve ever bought a home, you’ve probably encountered one form of this. As soon as you taken out a mortgage, you’re inundated with offers for credit cards, home equity loans, and “buyers clubs”. But that’s child’s play.

Stone says that lenders don’t just use existing information about your life: “Data compilers and banks also employ a variety of methods to estimate the likelihood that people will need new debt, even before they know it themselves.”

These predictive models become increasingly precise as each group of people does or does not take the bait. Researchers hone their algorithms and refine the data. With each pass, the pitch becomes more effective, more persuasive, and more people are led to borrow and spend.

The companies that collect and market the data defend the practice, of course — they believe they’re offering consumers a service. I’m not convinced. If I hand a cold beer to a thirsty alcoholic on a hot day, does that make me a Samaritan? If he drinks it, do I bear any responsibility for what might happen?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter 4

Consulting and Coaching Techniques

  

Consulting is more of a spoken language than a set of theories, thus it is important that students develop high-level delivery skills for all types of consulting, ensuring that they are able to structure consulting conversations well and work within the theories and frameworks established within the company’s policy. Using a combination of presentations, challenging live exercises, coaching assignments, guest lecturers, readings and live assessment of skills, students will therefore be prepared for consulting other people in many situations, by applying a range of coaching tools and processes. Topics include contracting, establishing trust and intimacy, developing goals, strategies and action plans, managing consulting conversations, managing progress during an engagement, creating awareness, and ethics. Upon successful completion of this manual, students will be expected to have: developed the ability to apply the theories learned in the manual to real-world consulting situations, gained an appreciation of the various techniques used to engage people in a consulting dialogue, learned how to establish a coaching interaction, understood how to use coaching to deepen an individual’s self-awareness in order to promote action and accountability.

 

You must be a Clark and Associate affiliate or independent consultant to possess this manual.

Education and Empowerment Process

<!--[if !supportLists]-->·        <!--[endif]-->Contracting

BEFORE YOUR CLIENT SIGNS READ THE CONTRACT DOCUMENT so that your client knows exactly what contract they are entering into and what they will have to do under the contract.

You should also have your client read the information.

.

Fill in or cross out any blank spaces.

Give a copy of this contract document to client and keep a copy for your records.

Do not allow client to sign contract document if there is anything they do not understand.

 

THINGS THE CLIENT MUST KNOW: Once the client has signed a contract document, they will be bound by it.  However, they may end the contract before they obtain credit services, or a card or other means is used to obtain goods or services for which credit or services is to be provided under the contract, by telling us in writing, but they will still be liable for any fees or charges already incurred.

<!--[if !supportLists]-->·        <!--[endif]-->Establishing trust and intimacy

The best way to establish trust with customers is to work closely and honestly with them toward the goal of determining what they need, and finding ways to accomplish that for them quickly and cost-effectively. This may mean that from time to time you suggest a solution that is less expensive than the customer expected. But your way is paved with gold when you can tell a customer that, for example, a $75 tool is just as good for their purposes as a $100 tool. The savings you provide will create trust, because the customer will know that you're truly working in their best interest. The lost sales revenue very likely will be more than made up in a longer-term relationship.

Always go out of your way to solve problems or correct mistakes that you and your sales staff may have made. Covering up problems, or denying them, is the surest way to lose customer respect. If you or one of your staff has misquoted an item, or inaccurately given product information, go out of your way to tell customers about it. Don't hope customers simply won't notice: on the contrary, they will notice eventually, and will blame you for not discovering it yourself and telling them about it. The sooner you correct a mistake, the better your company will look, and the more trust you will create.

Customers don't expect everything to be perfect in every transaction. They know mistakes are made from time to time. The important thing is to instill throughout your organization a willingness to admit mistakes and correct them. This can retain a customer's trust, and can even earn added trust when employees go the extra mile.

 

<!--[if !supportLists]-->·        <!--[endif]-->Developing Goals

<!--[if !supportLists]-->o        <!--[endif]-->Get Rid of Old Goals. It's very tempting to recycle the same old goals, especially ones you haven't reached. "I seriously suggest just letting go of recycled goals you've had for several years, because they become like a ball and chain, holding you back,   We suggests that these goals might be unrealistic to begin with, like saying you will achieve $1 million in sales when you have never surpassed $100,000 in your life. Or they might be goals you have inherited from a boss or colleague that are not right for you personally, causing you to consciously or subconsciously resist them.

<!--[if !supportLists]-->o        <!--[endif]-->Set a Manageable Number of Goals. A resolution is defined as the process of reducing to simpler form. "That brings us to the paradox of resolution, Instead of simplifying our lives; we wind up dumping more tasks, goals, or projects on our to-do list thinking that our lives will be more fulfilling and successful in the New Year." What we are left with, though, is the sense of being overwhelmed. "You should typically set no more than five goals each year just to keep things simple and focus your energies.

<!--[if !supportLists]-->o        <!--[endif]-->Clearly Define Your Goals. It's great that you want to make more money and be more successful this year, but the problem is there is nothing specific behind those goals. "I recommend establishing a set of daily, weekly, and monthly benchmarks that help you measure and manage your ultimate goal." For instance, if you have a sales target of $1 million, don't focus on the actual dollars, but rather on the activities that will help you reach that mark. Identify and measure several key success indicators, such as the number of follow-up appointments you've made this week or the number of networking events you've attended, as a way of knowing where you are right now and where you need to go.

<!--[if !supportLists]-->o        <!--[endif]-->Establish an Effective Routine. Let the daily actions you take toward achieving your goals be the reward, not just the end result. This will allow you to actually enjoy the journey and not just obsess about the future. "Design a weekly routine that complements your goals so you can focus on the activities that support your objectives and enhance your lifestyle."   A well-planned routine will keep you focused, eliminate distractions, reduce stress, and enable you to manage the daily tasks that will bring you to your goals.

<!--[if !supportLists]-->o        <!--[endif]-->Make Your Goals Public. When you share your goals with others, you become more vested in their outcome and ultimate success. "We break commitments to ourselves all the time, but once we inform friends, family, and colleagues of our goals, the stakes are instantly raised. You're less likely to back away from your goals without giving it a lot of thought and reasoning first. What's more, by trusting others with your goals, you acquire a support group that can spur you on to success.

<!--[if !supportLists]-->o        <!--[endif]-->Don't Set Goals Longer than a Year. It's all too easy to lose momentum if your goals exceed a year. As humans, we tend to lose interest in things that are too far in the future. "Life moves exceedingly fast, and we need to be equally responsive.”When we set our goals, we have all the intention in the world of following through with them, but life gets in the way and things change very quickly." We believe you can overcome this by setting concrete, focused goals each year and building a set of daily actions that allows you to achieve them.

<!--[if !supportLists]-->o        <!--[endif]-->Alter Your Goals When Necessary. Don't hesitate to reassess your goals on a quarterly basis. That should give you enough time to gauge whether the desired results are showing up, and help you avoid frustration and constantly second-guessing yourself. "Think of your goals as if they were a sail of a boat. "You can alter the course while still heading in the same general direction." For example, if your goal is to set up ten face-to-face meetings each month, but you are only getting eight meetings that might be okay if it turns out you are closing a higher number of deals than anticipated.

<!--[if !supportLists]-->·        <!--[endif]-->Strategies and Action plans

Sales Success Requires Planning
Formulate your sales strategy and tactics to achieve your sales success.

 

 

Analyze Your Potential
Step through a structured process that will prepare you for the development of your sales strategy.

Strategize Around Strengths
The description of your sales activity is analyzed producing a report that reveals factors impacting your sales potential.

Develop Your Tactics
Receive guidance to develop a comprehensive tactical plan to achieve your success.

 Measure Your Success
Develop key measurements that mark the progress of financial estimates that guide your growth.

Employ An Action Plan for Success
Provide yourself a clear tactical plan that is also aligned with management's strategic objectives.

 

 

<!--[if !supportLists]-->·        <!--[endif]-->Managing Consulting Conversations

Managing Consulting Conversations for Brand Differentiation and More Sales

 

Any size organization should consider: have they identified and simplified their marketplace differentiation so every person in their organization can describe it in five seconds or less?

 

And this is only one aspect of Verbal Branding.

 

<!--[if !supportLists]-->·        <!--[endif]-->Managing Progress during an engagement

How do you measure your SUCCESS?

Was the engagement SUCCESSFUL?

<!--[if !supportLists]-->·        <!--[endif]-->Creating Awareness

Correct timing creates awareness when the product is available to be seen, touched, and used by the buyer and not before.

Creating awareness cost effectively should be the goal of Marketing.

The basic purpose of advertising is to make the potential buyer, aware that product exists and cause them to want to know more about the results of its use in their situation.

Consumers don’t need or want to know everything the first time you contact them about a product or service.

Effective advertising is the result of allowing your mind and imagination to work in combination. The purpose of an advertisement is to get the client into a buying position where there is a 60% chance they will buy something on impulse.

Your style and presentation attracts a specific buyer profile. If buyers in that profile do not find the same difference when they come to the business, they will leave without buying.

Creating Awareness:
Correct timing creates awareness. Is it time for you to introduce a new product? Creating awareness effectively is the goal of the marketing, and it is also a part of the sales job.

Advertising is part of the sales job to make the potential buyer, aware that product exists, and cause them to want to know more about the results or what it is going to do for them.

Always remember C&A consultant creed:

The Perception of a Difference

<!--[if !supportLists]-->o        <!--[endif]-->I cannot buy from you until I know you exist.

<!--[if !supportLists]-->o        <!--[endif]-->I will not buy your product until I know how it will help me reach my goals.

<!--[if !supportLists]-->o        <!--[endif]-->When I receive Customer Care I feel your care for me.

<!--[if !supportLists]-->o        <!--[endif]-->When I receive customer service or support from you, I feel you are only doing your job.

<!--[if !supportLists]-->o        <!--[endif]-->There is a difference!

<!--[if !supportLists]-->·        <!--[endif]-->Ethics

Trust

 

If you want the customer's trust, you have to earn it. Trust doesn't precede your reputation, it follows it. Trust comes from your customers' experience with you over time, from knowledge that what you say is true and in his best interests. It's built on honesty and an obvious commitment to your customer and the success of his business. As such, it's a form of personal faith in you. From an ethical perspective, then, the establishment of trust between you and your customer precludes any form of dishonesty, even those seemingly harmless “white lies” used to save face or avoid uncomfortable or embarrassing situations. For example, a salesperson once informed me that the late delivery of a critical computer part had been caused by a “screw-up” of an air-express firm. In a subsequent telephone conversation with one of the computer firm's parts expediters, I discovered that the salesperson had forgotten to place the order. I never trusted that salesperson again. Trust can take a long time to develop, but only a moment to destroy.

 

Credibility

 

Credibility comes from performance, not talk. It means possessing and displaying a belief in your company, its products and the way it does business. It means having a thorough knowledge of your products and their applications and showing a willingness to learn about your customers and their unique problems and needs. Credibility comes from a track record of successes and an ability to apply the lessons learned. It's at the heart of true professionalism. Like trust, credibility takes time to build and depends heavily on your professional reputation. If you're not credible, your products aren't saleable. Let's conclude with some general guidelines that should help you deal successfully and ethically with the situations and customers you encounter.

 

Anticipate problems

 

Don't wait until you run up against a difficulty in the field. Consider the ethical implications of your work and discuss common situations with your colleagues and manager. Preventative maintenance will help you avoid taking the wrong turn when confronted by ethical obstacles.

 

Set high standards from the beginning

 

If, by your words and behavior, you make your ethical standards (and those of your company) apparent to your customers, you will be respected accordingly. Those customers who regularly cross ethical boundaries are less likely to propose or even hint at such behavior if they believe it will be declined.

 

Avoid legalism

 

Don't develop the tendency to split hairs or slip through ethical (usually semantic) loopholes. Such behavior rarely fools anybody and only causes others to doubt your sincerity. The mere perception of unethical behavior can have the same impact on your reputation as any blatant violation.

 

Face up to your mistakes

 

None of us likes to admit our mistakes and failings. But, by ignoring or repressing them, we only ensure that we will repeat them. Even more dangerous, however, is the propensity to cover up blunders through lies or other unethical behavior. Don't run the risk of ruining your reputation and the valuable goodwill of your company simply to avoid taking responsibility for your own actions. Certainly, unethical behavior is immoral, but this factor doesn't seem to have much effect on those who engage in it. By taking the easy way out, they ignore the importance of trust, credibility and the confidence they create. Perhaps if we attach a dollar sign to ethics, salespeople will begin to recognize that high standards generate a high return in the form of future business. If not, we can always tell their mothers

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter 5

 

Customer Service

 

Step 1. Make initial contact as soon as possible.  If C&A assign a client to you, please make initial contact within the first 12 to 24 hours of receiving that assignment. 

Step 2. Keep notes on your clients.
Throughout your business relationship, make notes about your clients. They might include a range of topics -- hobbies, interests, decorating styles, other neighborhoods or areas they were interested in, number and age of children, future plans.

What you're doing is gathering useful information about your clients that will allow you to tailor specific "touches" later on when doing your follow-up. File these notes away in your customer database, filing system, or wherever else you keep client information. And remember, the easier it is to do, the more likely you'll stick to it. So find something that works for you.

Step 3. Outline your follow-up program.
You need to put your follow-up program on paper for several reasons. First, the manual act of writing things down engages the creative side of your brain. You'll be surprised at all the ideas popping into your head as you map out your follow-up program.

Secondly, you need to write your program down to make sure it achieves the number of contacts or "touches" you're striving for. Opinions vary on the number and frequency of touches. I would suggest monthly, especially in the beginning of a follow-up program (when you're most likely to get referrals from still-happy clients).

Go for a balance of automation and personal contact. Why? Because a program that's 100% personal contact (phone calls, for example) will be exhausting to maintain. In the other extreme, a program that's 100% automated (like a scheduled mailing program) will be too impersonal. You have to combine the two.

You have the best chance of generating referrals during this first year. In the second and third years, you might choose to reduce the number of phone calls, while keeping the newsletter and auto-mailers going.

Do you now see the value of collecting this information along the way? It's invaluable later on, when you're preparing your well-balanced follow-up program. And can you just imagine the surprise when Jane says, "Wow, she remembered that I like Feng Shui ... I forgot we even talked about it!"

Now that's referral power.

Step 4. Carry out your follow-up program.
This is where all the previous lessons will pay off. Just by having a procedure for your newsletter and a well-managed client database with good notes, you've finished half of your follow-up legwork in advance. The rest is simply filling in the blanks, keeping tabs on your schedule and sending your materials out.

Step  5. Dress professionally when engaging in a face to face contact with a client.  Remember you are representing Clark and Associates and your appearance is your first impression which can be your last impression (refer to dress code under chpt. X).

 

 

Step 6.  Steps on how to deal with an irate customer:

1. Listen. When someone's upset, they tend to talk fast, talk loud and talk urgently. Hear it through and start thinking forward on solutions to the problem. Keep your voice calm and level. An appropriate response is "ok, I understand you're upset. Please give me some time to try and find a way through this. Would you like to hold or can I call you back?"

2. Do not get defensive, or play the blame game. Don't look for ways to blame the client through their actions or lack of. You'll only aggravate the situation more.

3. Do not over-apologize. I personally find this irritating. Apologize for the inconvenience twice at most. Over-apologizing says you wish you could help, but can't. There's always a supervisor/manager somewhere who has the authority to assess a situation and make a decision to resolve the issue...even if the company has to take a loss. You know it.

4. If the error is yours, and you recognize it, explain to your supervisor the circumstances and the error you've made and if you can think of a solution to it, suggest it. Be upfront and honest with your manager. They're human, too. A manager worth his/her salt will recognize what to do, your desire to help the customer and if your solution is fitting, will remember that you are self-motivated and directed.

5. Once you've found the solution, get back to the customer immediately. If you have to get back the next day, say upfront that you will get back the next day. If you still don't have an answer, call the customer back and say you need more time.

6. If a customer becomes belligerent, state in a level voice that "sir/ma'am, I understand you're upset, but that language is not necessary. Please give me a call back when you've calmed down. In the mean time, I’ll continue to look in to what I can do for you." Don't just hang up...say thank you and goodbye, so they know the conversation is over and you'll be hanging up.

7. Do remember, you're in customer service. That requires a lot of patience, but you're not a doormat. If the customer is being unreasonable beyond expectations, state firmly that it is not possible to do so. You recognize there's an error and you've found a reasonable solution and don't be afraid to say that.

8. If you haven't guessed it yet...have a solution to the error. There is ALWAYS a solution...may require some compromise, but there is always one.

9. Be flexible, please be willing to try new and different things to help enhance your customer service techniques, even asked your team member how are they doing it and what works for them.  The above are guidelines are meant to inspire your own creative ways to calm a customer down.

10. If a customer has caused you to become upset, just take a deep breath and calm down and you may even have to refer them to another team member or a manager in order to maintain professionalism. Find a way to vent, maybe go for a walk and have a snack and leave your desk for a moment so that you do not take your frustration out on the next customer.

Summary
A balanced follow-up program -- one that mixes personal, one-to-one contact with automated elements like postcards -- gives you the best of two worlds. It's easy enough to manage across a number of clients, while at the same time surprising your clients with specific information delivered in a personal way.

 

Treat the client well. Clients are more likely to be satisfied with services if all staff, not only the consultants.

 

Provide the client's preferred method. Informed choice remains the guiding principle, let the client choose.

 

Individualize. Given that clients' lives and personalities (and their intentions, preferences, knowledge, beliefs, skills, needs and concerns about our products) will vary greatly, so ensure that effective consulting is tailored to each individual.

 

Engage the client in dynamic interaction. Only interactive and dynamic (i.e., responsive) consulting can identify clients' needs, risks, concerns and preferences.

 

Avoid information overload. There are limits to the amount of information people can understand and retain. Focus factual information on the client's selected needs.

 

Use and provide memory aids. During the consulting session, use of posters, flipcharts, illustrated booklets, flyers, etc. help the client remember key information and remind the consultant to discuss important points.

 

Effectiveness. Effectiveness of all products should be explained in easily understood terms.

 

Advantages and disadvantages

 

How to use. Clients need brief, practical information on how to use their selected products and an explanation of how the product works, if needed to correct misunderstandings, missed communication or misperceptions.

 

When to return. Clients need to be advised on when to return for follow-up. The follow-up session is a good time to reinforce, close sale, assist with use of client-controlled product and to ask whether the client is experiencing any unpleasantness that need management.

 

Professionalism.  Always speak and look professional at all times which is a vital part of your customer service strategies.

 

Dealing with irate customers

 

WHERE DO YOU START?

Here are some basic steps that can help deal successfully with an irate customer:

LISTEN, LISTEN SOME MORE AND KEEP LISTENING

Interrupting with denials or possible justifications before the customer has had his or her complete say will only make that person angrier. At appropriate moments, however, do ask questions that will help clarify the situation.

EMPATHIZE

Really feel sorry for the customer because he or she is in a terrible situation. Once customers know they are talking to an empathetic human being who understands their problems and really wants to help, the way is cleared for rational conversation. Don't apologize on behalf of the company early in the conversation. Most likely, you still won't know who is at fault. One good early response would be: “I understand exactly why you are upset. If the same thing happened to me, I would be as upset as you are.”

DON'T TAKE THINGS PERSONALLY

Remain calm. One unnerved consultant mixed with one irate customer leads only to greater chaos. Remember, customers are yelling at the consultant, but the real target is the company as a whole, and at the situation in which they have been placed.

GET THE FACTS FROM ALL SIDES

If feasible, get off the phone and go on a fact-finding mission. Before getting off the phone, make it clear that you will do everything possible to solve the problem. Talk to everyone involved and investigate all sides of the story. Find out what is really happening. Ascertain the true status of the job.

IF THE FACTS WARRANT IT, APOLOGIZE

One sincere apology placates customers’ more than 20 lame excuses. It is best not to put the blame on any one individual. Say we made a mistake, and we intend to make it right.

LET THE CUSTOMER KNOW WHAT YOU CAN DO

You cannot promise the impossible. Probably, a consultation with others is needed, especially with production management. Find out what they are able to do. Try to put them in a frame of mind to do their best.

LEARN WHETHER THAT WILL SATISFY THE CUSTOMER

There is no point in having production go to great effort, and even incur expenses, only to learn that what was done still did not satisfy the customer.

IF NOT, FIND OUT WHAT WILL SATISFY THE CUSTOMER

Ask questions, such as: “What would you like me to do?”, “How would you settle this if you were me?” and “What will make you completely happy?” At this point, you may have to go back to production or upper management to get a more favorable solution for the customer.

AGREE UPON A SOLUTION

Naturally, if you cannot reach an agreement, you will probably have to bow out gracefully and turn the problem over to somebody else. If there is agreement, restate it, and make sure it is clearly understood. A letter of confirmation is also a good idea.

ENSURE FOLLOW-THROUGH

If, after all of that back-and-forth, there is no follow-through, you and your entire company have blown it. You should keep a close watch over events, and either you or the sales rep should call the customer with progress reports.

THE REAL SOLUTION

The best way to deal with irate customers is to avoid giving them reason to become angry in the first place. Consultants should enter complaints into a customer complaint log. A well-kept log shows the kinds of mistakes that keep happening. Sales, customer service, production and upper management should work together to eliminate poor procedures that lead to customer dissatisfaction. Then the new methods need to be implemented, applied consistently and improved upon.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prospecting Sheet

Client Information

 

 

Company Name:                                                         Type of Business:

Company Address:

City:                            State:                 ZIP:                  Phone:

Contact:                                                                       Title:

Decision-Maker:

Goals of the Call

 

 

 

Goals of the Customer

 

 

 

Ways to Help Customer Fulfill Goals

 

 

 

Objections of Customer

 

 

 

 

Responses to Objections

 

 

 

 

Ways to Ensure Customer Satisfaction

 

 

 

 

 

 

Chapter 6

 

Office Management & Organizational Structure

 

Office Organizational structure:

 

<!--[if !supportLists]-->·         <!--[endif]-->Willie Clark: Founder and CEO of Clark & Associates

<!--[if !supportLists]-->·         <!--[endif]-->Jerome Edmondson: CFO (Chief Financial Officer)

<!--[if !supportLists]-->·         <!--[endif]-->Ernie James: Vice President

<!--[if !supportLists]-->·         <!--[endif]-->Tony Sanders: COO (Chief Operations Officer)

 

<!--[if !supportLists]-->·         <!--[endif]-->Patricia Sanders: Senior Executive Manager

 

<!--[if !supportLists]-->·         <!--[endif]-->Carla Rhodes: Senior Managing Consultant

 

Mr. Clark- is going forward and moving on to even greater business endeavors and will be managing a lot of things on a much larger scale.  Therefore at this point he has delegated other responsibilities to his team to manage and oversee.  He has appointed the following:

 

OFFICE MANAGEMENT

 

New Structures

 

<!--[if !supportLists]-->·         <!--[endif]-->The COO will be managing all office and consultants operations, provide training and manage the productivity and mid level processes. Therefore, consultants will report to the COO with any concerns or issues before taking them to the CEO.

<!--[if !supportLists]-->·         <!--[endif]-->The Senior Managing Consultant and the Senior Executive Manager will assist the COO in the organization and management of the new process that will be put in place for consultants.

<!--[if !supportLists]-->·         <!--[endif]-->All documents for our new programs will be sent to the Senior Executive Manager for review and proofreading and she will make sure all documents are PDF converted and sent to all consultants.

<!--[if !supportLists]-->·         <!--[endif]-->Back office support will be handled by the Senior Managing Consultant and the Senior Executive Manager at this time if anyone needs an application processed it will be a fee of $35 per application.

<!--[if !supportLists]-->·         <!--[endif]-->Going forward we will have a mandatory training twice a week held in the office for consultants to complete all of their training hours.  Team meetings will occur weekly they will be incorporated on one of these training days to enhance moral and team spirit and to keep everyone updated on the direction in which we are going.

<!--[if !supportLists]-->·         <!--[endif]-->We will make sure that all consultants have the client- base spread sheet for organizing and managing their clients.

<!--[if !supportLists]-->·         <!--[endif]-->We will have incentives weekly for consultants who are performing very well and meeting goals.

<!--[if !supportLists]-->·         <!--[endif]-->We will set and follow through on our goal setting.

<!--[if !supportLists]-->·         <!--[endif]-->The Senior Managing Consultant will manage the private 60 day investment clubs pay outs.  We will give you all those guide lines and instructions in one of our scheduled training days.

<!--[if !supportLists]-->·         <!--[endif]-->We will also do a trial with assigning clients evenly to consultants to handling and we expect that they are handle in a timely fashion anyone working with a new client will confirm with that client that no other consultant is working with them.

<!--[if !supportLists]-->·         <!--[endif]-->We will also include an additional $50 fee to the consultant agreement for new consultant’s training guide and product & services book.

 

Chapter 7

 

Record Keeping

 

 

ALL RECORD KEEPING PROCESSES WILL BE DISCUSSED IN CLASS ROOM TRAINING.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter 8

 

<!--[if !vml]--><!--[endif]-->                                                                                                                             

Consultant Management for

<!--[if !vml]--><!--[endif]-->           

 

 

 

Consultant & Affiliate Contract 2009

 

All Associates/Employees are asked to sign the following statement upon acceptance of position. 

On this day of ______/______/______ an agreement was made between ____________________________________

_____________________________, and Impact Enterprises, LLC. /Clark and Associates.  The purpose of this agreement is for Impact Enterprises, LLC. /Clark and Associates to grant limited “business opportunity” and material to the above party including logo, name, and credit financial services.  The agreement outlines the contractual terms and conditions under which licensee may use its license to market Impact Enterprises, LLC. /Clark and Associates’ services to the public as a contractor for the company. 

The above party, _____________________________________, hereinafter referred to as “consultant”, “contractor”, or “business associate” agree to establish a business relationship as a contractor of Impact Enterprises, LLC. /Clark and Associates in the business of providing financial and consulting services to the general public.  The associate shall operate in the following capacity:

Internal Processor for Credit Counseling, Credit Repair, Debt Elimination, Foreclosure Prevention, Business Credit, Trade lines, Capital Enhancement, and Educational Seminars will be performed by contractor.

 The contract gives the associate the right to use Impact Enterprises, LLC. /Clark and Associates’ services and material within the statures of state and local laws for the area in which the associate is providing services. 

Associate also agree to the compensation rate selected for himself/herself or company.  Listed below,  The above mentioned associate agree to fill out all forms completely and accurately for timely processing and shall agree not to use forms which are inaccurate and deemed to be missing pertinent and required information.

Compensation or Commission Outline:

See Consultant Commission Summary & Training Program.

At no time will a contractor or anyone within their organization be paid commission without a written agreement in place as outlined in this contract.    

Contractor is responsible for collecting enrollment fee and compensating I.E. /C&A within 5 business days or during their normal payroll payout, whichever one comes first. 

I.E. /C&A agrees to pay contractor on the 10th of each month for all referred or signed up consumer for credit restoration.  All other payouts will be completed at close of sale.  Payouts will be determined by above mentioned breakdown and deemed accordingly to the payment plan chosen by the client.  Contractor is responsible for contract being signed by all enrolled clients.  In addition, a copy of all contracts must be forwarded to I.E. /C&A within 2 business days of enrollment. (Fax 678-261-5055) 

 

Debt Elimination

            Contractor will be paid commission as outlined in the FFI commission summary outlined online at www.ffisupport.com.  All Contractors must first sign the “consultant enrollment form” under Impact Enterprises, LLC. /Clark and Associates to become a consultant.  Consultant agrees to complete the online training modules and become certified.  Commission’s payouts will be paid out by FFI and not I.E. /C&A.  See FFI website for details.  Contractor is responsible for clients filling out proper PayAccel Application and follow up with clients once plan has been completed. 

Weekly Processing

            At the end of each week, no later than Monday Morning by 10a.m, the contractor will have submitted their weekly sales sheet.  This sale sheet will outline all the consumers that have been signed up, the program for which they were signed up, and any charges that were assessed for services.  This weekly sales sheet will be used for audit purposes only to ensure proper commission are paid out on time. 

 The above mentioned business associate agree in advance to implement all state and federal law changes immediately and to submit themselves to audits of financial and record accounts associated within the scope of financial services from Impact Enterprises, LLC. /Clark and Associates.  The above mentioned business associate agree not to engage in the practice of financial services offered by Impact Enterprises, LLC. /Clark and Associates or any other financial service company or credit repair company while or after the term of this license and contract without the written permission from Impact Enterprises, LLC. /Clark and Associates. 

Where this contract does not touch on the specifics related to implied service to be received from Impact Enterprises, LLC. /Clark and Associates, the general business rules and guidelines, which is outlined in this contract, will prevail. 

Contractors cannot format change, or use any of I.E. /C&A material, services, practices, and business partners after the termination of this contract unless written permission is provided.  The information provided to the Contractor is for business purpose only and not for their own personal gain.  Contractors understand that I.E. /C&A must be compensated for the use of its material and services at all time. 

The above mentioned business associate will not distribute, share, reproduce, or communicate any of the materials, services, and products of Impact Enterprises, LLC. /Clark and Associates or its partners without written permission from the firm.  The business associate will not start their own business within the same or similar industry as Impact Enterprises, LLC. /Clark and Associates without the written permission from the company.  This information also cannot be shared with anyone or organization without Impact Enterprises, LLC. /Clark and Associates written permission.

In acceptance of an associate position, you will be exposed to information and materials which are confidential and proprietary and of vital importance to the operations of Impact Enterprises, LLC. /Clark and Associates.  “I will not at any time disclose or use, either during or subsequent to my position, any information, knowledge, or data which I receive or develop during my position which is considered proprietary by Impact Enterprises, LLC. /Clark and Associates or which relates to trade secrets or Impact Enterprises, LLC. /Clark and Associates.”  Such information, knowledge or data includes the following which is by example only:  website passwords, manuals, evaluations, and participant(s) information. 

I further agree that upon completion of my position with Impact Enterprises, LLC. /Clark and Associates, I shall promptly return any and all documents containing the above information, knowledge or data, or relating thereto, Impact Enterprises, LLC. /Clark and Associates.  I also acknowledge that the proprietary information and trade secrets are created at cost and expense to Impact Enterprises, LLC. /Clark and Associates and that unauthorized use or disclosure would cause irreparable injury to Impact Enterprises, LLC. /Clark and Associates.  

Confidentiality; Proprietary Information: Contractors shall not, while performing services under this agreement or at any time thereafter, either directly or indirectly, divulge, furnish, or make accessible to anyone or use in any way, other than use in the ordinary course of providing services under this agreement for the benefit of Company any confidential or secret knowledge or information of Company which contractor has acquired or become acquainted with or will acquire or become acquainted with, prior to the termination of his services under this Agreement, whether developed by himself or by others, concerning (I) any trade secrets, confidential of secret designs, processes, formula, know-how, software, plans, devices, technologies, or materials (whether or not patented or patent table) directly or indirectly useful in any aspect of the business of Company, (ii) any confidential customer or supplier list of Company, (iii) any confidential or secret development or research work of Company, (iv) any financial or accounting information of the Company, or (v) any other confidential or secret aspect of the business of Company. Consultant acknowledges that the above described knowledge or information constitutes a unique and valuable asset of the Company, acquired at great time and expense by Company, which is secret and confidential and which will be communicated to contractor in confidence in the course of his services under this Agreement, and agrees that by any disclosure or other use of such knowledge or information other than for the sole benefit of Company would be wrongful and would cause irreparable harm to Company. Both during and after the performance of contractor's services under this Agreement, contractor will refrain from any acts or omissions that would reduce the value of such knowledge or information to Company. The foregoing obligations of confidentiality, however, shall not apply to any knowledge or information, which is now or hereafter, becomes, published and generally publicly known through no fault of contractor.

No Authority to Bind: Contractor has no authority to enter into contracts or agreements on behalf of the Company.

 Status: In performing services as contemplated under this Agreement, the parties acknowledge and agree that contractor is an independent partner, not an employee of the Company. Contractor shall perform the services required by this Agreement according to Contractor own means and methods, which shall be in the exclusive charge and control of contractor and which shall not be subject to the control and supervision of the Company, except as to the results of the work. Contractors shall indemnify and hold the company, and its directors, officers, employees and agents harmless from and against any loss or liability, including attorneys' fees, arising from the performance of contractor's services pursuant to this Agreement.

Tax Reporting and Withholding: Contractor is not an employee of the Company and the Company will not withhold any income tax, FICA, Medicare, worker's compensation, or other employment taxes from payment made to contractor pursuant to this Agreement. Contractor is responsible for income tax withholding, FICA, Medicare, and other withholding or employment taxes, if any as required with respect to payments made to requirements relating to payments made to an independent Contractor. In the event any income tax, FICA, Medicare, worker's compensation, or other withholding or employment taxes related to payments, the Company makes to contractor under this employees, and agents, harmless from and against any loss or liability, including attorneys' fees, penalties, and interest.

 

Hand in all pages to Impact Enterprises LLC agent

2140 McGee Rd Suite A-2000 Snellville, GA 30078 Fax (800) 273-3135.

Termination: Either party may terminate this contract with a written 30 day notice.

 

General:

a. The parties acknowledge that the rights and obligations hereunder are personal and not assignable by either party to another person or entity without the prior written consent of the other party, which consent may be withheld in the sole and absolute discretion of the requested party. The attempted assignment without such prior written consent shall be null and void.

b. All rights, powers and remedies herein may be exercised only to the extent that the exercise thereof does not violate any applicable law, and are intended to be limited to the extent necessary so that they will not render this Agreement invalid or unenforceable, in whole or in part, under applicable law. If any provision of this Agreement is held invalid, illegal or unenforceable provision shall be reformed to the full extent permitted by law in order to give maximum effect to the parties' intent hereunder.

c. This Agreement shall be governed and construed in accordance with the internal laws (and not the conflicts of law principles) of the State of Georgia. All claims shall be resolved by arbitration. A single arbitrator or panel of arbitrators shall conduct the arbitration in accordance with the then current rules of the American Arbitration Association ("AAA"). The arbitrator's decision shall be binding and judgment may be entered in any court having jurisdiction thereof.

d. The prevailing party in any action arising out of this Agreement shall be entitled to recover its reasonable attorneys' fees incurred herein together with all costs and additional expenses reasonably incurred by such a party in connection with the action, whether or not normally included as taxable costs.

e. Company and contractors will each, at the request of the other, execute and deliver to each other all such further instruments and perform all such further actions as may be reasonably requested in order to effectuate the purposes of this Agreement.

f. Limitation of Liability: Company nor Companies affiliates shall be liable to contractor or any third party for special, consequential, incidental or indirect damages, including without limitation, damages resulting from the use of inability to use the provided services / products, delay of delivery and implementation, or loss of profits, data, business or goodwill, whether or not such party has been advised or is aware of the possibility of such damages. Notwithstanding and in addition to the foregoing, Companies liability for claims of any kind arising out of or relating to this Agreement shall be limited solely to money damages and shall not in any event or under any set of circumstances exceed commission due to contractor.

g. This Agreement and constitutes the complete and entire agreement between the parties with respect to the subject matter hereof. This Agreement may not be amended, modified, or altered without the express written consent of the parties.

TERMINATION: Either party may terminate this agreement at any time effective upon written notice. Commissions received from partners for installations that are complete and or pending completion prior to the date of termination will be paid to contractor upon completion as herein defined. Contractor will not be compensated for any commissions received from partners after termination except as defined herein.

TERMINATION FOR CAUSE: If Company terminates Contractor for cause, no commissions or rights to receive commissions are deemed earned or survive after termination. Contractor Partner is liable for its actions and the action of its employees, agents and related parties. "Cause" includes fraudulent behavior, and unethical activities or behaviors, which act to jeopardize the Agency relationship between Company and any Carrier/partner.

If any part of this contract should be found to violate any state or local law that portion shall be void and the rest of the contract shall be fully enforceable.  By signing this contract you are agreeing in advance to settle any differences which may arise in the implementation of our business agreement with a binding third party to be determined by Impact Enterprises, LLC. /Clark and Associates.  In addition, the terms of this contract can change as long as Impact Enterprises, LLC. /Clark and Associates do so by giving the business associate a 30 day written notice.  This contract can be voided by Impact Enterprises, LLC. /Clark and Associate at any time provided a 30 day written notice is provided.

By signing below, the Contractor agrees to all terms and conditions within:

 

_______________________________                  ____________________________________

Printed Name of Authorized Contractor                            Signature of Authorized Contractor   Date

Contractor                                               

 

 

_______________________________                                           ___________________________  _________

Impact Enterprises, LLC. /Clark and Associates Representative       Signature of Authorized Rep         Date

 

 

 

Paychex, Inc.

 

New 1099 Profile

 

 

Attn: _________________________

 

Client # ________    Client Name ____________________________

 

***Required Info***

  • Name _________________________________
  • Address________________________________

__________________________________

<!--[if !supportLists]-->·         <!--[endif]-->City/State/Zip ___________________________

<!--[if !supportLists]-->·         <!--[endif]-->Social Security Number _____-_____-_______

<!--[if !supportLists]-->·         <!--[endif]-->Birth Date_____/______/_______

 

Department # ______                                        

Start Date ___/___/_______                               

Will this employee use Direct Deposit?  YES   NO  If yes, please send include DD/Access Card forms.

 

Other Adjustments:

Description /Amount

______________________/____________________

______________________/____________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter 9

 

 

COMMISSION STRUCTURE

 

 

PRODUCT/SERVICE                                                                                                           COMMISSION PAID

 

Expedited Credit Repair (A)

$1600.00

Expedited Credit Repair (B)

$400.00

Expedited Credit Repair Basic

$200.00

Expedited Credit Repair (per item)

$50.00

Attorney Itemized

$75.00

CCEG Repair

$75.00

FDI

$25.00  (will get paid more if FDI Rep)

Basic Credit Repair

$10.00 (from enrollment fee)  $10.00( per negative item deleted from each credit report)

Season Corporation (regular) Funding 500K

 $800

Season Corporation (Funding 1 Million)

$1000

Season Corporation (Funding 2 – 3 Million)

$1500

Trade lines 6K

$600.00

Trade lines (no money down)

$100.00 per trade lines

Pin Program

$700.00

Aged Shelf Corporation Regular

$400.00

Inquiries; Equifax and TU

$25.00

Inquiries; Experian

$25.00

Foreclosure Prevention

$125.00

Short Sales

20% of profits

Home Sale or Mortgage

20% of profits

DVD Sale

$5.00 per DVD sold

Credit Unmasked Book

$5.00 per book sold

Workshops/Seminars

10%  of sales if workshop results from networking

Business Credit

$400.00

100K AMEX

$600.00

150k Business Line of Credit

2%

Investment Clubs

See enrollment sheet*5% of whatever the client’s return is each month or every 60 days when  client receives payout

Debt Settlement

25% of profits/ amount of profit is determined by amount of debt client owes.

Business Plans

 

$50.00

Legal Affairs

 

10% of total cost

Consultant Sign Up Fee or Affiliate Cost

$250 to become a consultant/$150 to become an affiliate.

Consultant Requirements

<!--[if !supportLists]-->·          <!--[endif]-->Background check

<!--[if !supportLists]-->·          <!--[endif]-->Resume Submission

<!--[if !supportLists]-->·          <!--[endif]-->Interview

<!--[if !supportLists]-->·          <!--[endif]-->Must Sign Consultant Contract

<!--[if !supportLists]-->·          <!--[endif]-->Attend Training Sessions, Workshops, and Networking Events

<!--[if !supportLists]-->·          <!--[endif]-->Follow Standard Operational Procedures

<!--[if !supportLists]-->·          <!--[endif]-->Market EDN Course

<!--[if !supportLists]-->·          <!--[endif]-->Pay enrollment fee

Consultant Overrides

Power Team members will receive 10% of all profits from down line until down line members become part of the power team.  Power team member is responsible for tracking down line progress and consultants are responsible for informing up line of all sales and profits.

Affiliates

Affiliates will receive only 35% of all commissions paid

Note:  All Commissions are subject to change at anytime.

 

 

 

 

 

 

 

 

 

 

 

 

Investment Club Membership Payout

 

Greetings Team:  Effective Jan 12 the investment club membership fee will be increased to the following:

 

Investments of $500 or less.................enrollment cost $99...........................consultant commissions .........................$25

Investments of $1,000.........................enrollment cost $250.........................consultant commissions..........................$75

Investments of $2,000........................enrollment cost $350..........................consultant commissions........................$100

Investments of $3,000........................enrollment cost $400..........................consultant commissions........................$150

Investments of $4K to 6K...................enrollment cost $500...........................consultant commissions........................$175

Investments of 6K to 10K....... ...........enrollment cost $650...........................consultant commissions........................$200

Investments of 10K ++.......................enrollment cost $800...........................consultant commissions.........................$250

Investments of 25K ++.......................enrollment cost $1,500........................consultant commissions.........................$500

 

 

Tony Sanders

Chief Operations Officer

Clark and Associates

Email: impactmycredit@gmail.com

404-453-7781 cell

678-526-0068 office

Clark and Associates Credit & Investment Group

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter 10

 

STANDARD OPERATIONS POLICIES AND PROCEDURES (SOP)

 

 

ISSUE STATEMENT

 

Certain statements made in this statement may constitute "forward-looking statements" within the meaning of the federal laws. These forward-looking statements are based on our current plans and expectations and involve certain risks and uncertainties. Actual results may differ materially from the expected results described in the forward-looking statements. These forward-looking statements include and may be indicated by words or phrases such as "anticipate," "estimate," "plan," "expect," "project," "continuing," "ongoing," "should," "will," "believe," or "intend" and similar words and phrases. There are many factors that could cause the Company's actual results to differ materially from the expected results contemplated or implied by the Company's forward-looking statements.

The Company faces a number of risks and uncertainties with respect to its continuing business operations and its attempt to increase its sales and gross profit margin, including, but not limited to: the Company's ability to improve the quality of its products; the Company's success in achieving increased customer count and sales in remodeled operations of its image and sales force; the results of the Company's efforts to revitalize the corporate brands; competitive factors, which could include new offices openings, price reduction or increases and marketing strategies from like company chains and non-traditional competitors; the ability of the Company to manage gross margin rates effectively; the ability of the Company to attract, train and retain key leadership; the Company's ability to implement, maintain or upgrade information technology systems, including programs to support pricing policies; the outcome of the Company's programs to control or reduce operating and administrative expenses and to control valuable product loss; increases in utility rates or fuel costs, which could impact consumer spending and buying habits and the cost of doing business; the availability and terms of capital resources and financing and its adequacy for the Company's planned investment in remodeling our image, sales force and other activities; the Company's ability to successfully estimate changes in laws and other regulations affecting the Company's business; events that give rise to actual or potential product failure; the Company's ability to use net operating loss carry forwards under the federal tax laws; and the outcome of litigation or legal proceedings.

GOAL OF QUALITY POLICY & PROCEDURE

Improving quality (reducing bad quality and improving work processes) in a company requires reflection by both the management and all the employees and consultants in order to define the reachable goals in terms of quality that can be accepted by everyone.

A "quality policy" is the general directives and goals in terms of quality that are laid out by a company's management and formalized in a written document. The quality policy defines the directives and stakes pursued in terms of beneficiary satisfaction.

The term "quality procedure" refers to the approach and operational organization used to achieve the goals set by the quality policy.

Most importantly, an inventory of the company must be taken that can be used to outline its organization and which clarifies the company's project:

The company's general goals

The general organization and responsibilities: who does what?

At this stage, a new structuring that takes into account the quality organization can be defined. This "organizational shake-up" allows companies to redefine their core business and goals and constitutes a means by which to soften resistence to change.  Insofar as the goal of quality is beneficiary satisfaction, it is essential to properly define the beneficiaries.

Because implementing a quality procedure often requires organizational changes, it must start off by involving the highest level of the hierarchy. Writing a commitment letter that is signed by management sets the procedure in stone and legitimizes a quality manager when operational changes are implemented.

A quality procedure hinges on successive action plans that allow a company to pinpoint and formalize short-term goals and the means by which to meet them.

Instituting a quality procedure above all involves establishing a new spirit that is shared by everyone in the company. Therefore, a successful project depends largely on the communication surrounding its implementation. So, a communication campaign will allow employees to learn about the action that has been taken and find their place in the company's project.

SEXUAL HARRASSMENT

            Policy statement - Prevention of sexual harassment

As the Archivist of the United States, C&A strongly committed to providing a work environment free from sexual harassment and intimidation. I place the highest standards on all employees to comply with C&A's sexual harassment prevention policy.

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. The Equal Employment Opportunity Commission has defined sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  • Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of a person's job, pay or career, or
  • Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person, or
  • Such conduct interferes with an individual's work performance or creates an intimidating, hostile or offensive environment.

Managers and supervisors are responsible for ensuring that the workplace is free from sexual harassment. The offending individual may not only be an employee, but a contractor or other non-employee. Managers and supervisors who observe unprofessional behavior in the workplace have the responsibility to take appropriate corrective action to stop such behavior and prevent future occurrences.

C&A will not tolerate any retaliation against an individual who lodges such a complaint or who provides information related to a complaint. Allegations of sexual harassment will be addressed immediately and fairly. Any C&A employee found to have engaged in sexual harassment is subject to disciplinary action. To deal with this type of situation, employees may use the Equal Employment Opportunity Discrimination Complaint Process and RESOLVE (C&A's Alternative Dispute Resolution Program).

While all employees have the responsibility of preventing sexual harassment, managers and supervisors must create a work climate free from unsolicited and unwelcome sexual overtures by applying applicable sanctions when warranted.

EEO

Policy statement - Equal employment opportunity

As the Archivist of the United States, C&A strongly committed to the principles of Equal Employment Opportunity (EEO) and the implementation of EEO policies and objectives that will enhance the quality of our work life and the productivity in our workplace. The greatest resource at C&A is our employees. It is my goal to create a positive workplace where all employees feel comfortable that their work and individual contributions count.

It is C&A's policy to promote and ensure equal employment opportunity for all persons regardless of race, color, national origin, sex, age, religion, disability or sexual orientation. Discrimination has no place at C&A. It cannot and will not be tolerated.

Managers and supervisors must lead by example and monitor the workplace to ensure that the environment is free from discrimination, hostility, intimidation, reprisal, and harassment. All employees at C&A are responsible for implementing EEO policy in their daily actions, conduct, and decisions. Managers, supervisors and employees alike must treat each other with respect and professionalism.

I strongly promote EEO policy throughout C&A and look forward to working with each of you in eliminating discrimination in the workplace

DIVERSITY

Policy statement - Diversity

As the Archivist of the United States, C&A strongly recognize and embrace the diversity that our employees bring to NARA. I intend to foster a workplace where each employee is valued and everyone is encouraged to maximize their potential and their commitment to serve our customers. Our ability to serve people from all walks of life is enhanced by the positive and creative power which comes from our diversity.

To meet the challenges of the 21st century, we must continuously strive for a workforce that reflects America, and promote an environment that places high value on individual respect, dignity and professional growth. Our ability to attract, develop, and retain a quality diverse workforce is the key to C&A’s success.

My goal is to promote a workforce that embraces diversity and allows each and every employee to succeed up to his or her full potential. All of us must make C&A a place where each individual is appreciated, honored, and rewarded on the basis of professional achievement and contribution. This will require the personal commitment and support of every C&A employee.

Please join me in my supporting C&A’s diversity efforts by treating everyone with respect, being open to the ideas and perspectives of others, and learning more about diversity. I look forward working together to use the principles of diversity to achieve our mission.

 

APPLICABILITY

 

These policies and procedures apply to all employees, affiliates and independent consultants

 

 

ROLES AND RESPONSIBILITY

 

            See Office Management and Organizational Structure

 

STANDARD OPERATING PROCEDURE (SOP)

 

<!--[if !supportLists]-->·         <!--[endif]-->Procedures shall be in place to set instructions having the force of a directive, covering those features of operations that lend themselves to a definite or standardized procedure without loss of effectiveness. SOP will be regularly updated to assure compliance to the regulatory requirements and the working practice. A minimum review schedule of 3 years

 

<!--[if !supportLists]-->·         <!--[endif]-->. The procedures shall drive performance improvement and improve organizational results.                   

 

 

<!--[if !supportLists]-->·         <!--[endif]-->The following practices shall be documented and maintained for all: employees, affiliates and independent consultants.

 

 

<!--[if !supportLists]-->·         <!--[endif]-->All procedures shall be in accordance with regulatory requirements and the working practice, and the (C&A)’s policy.

 

 

<!--[if !supportLists]-->·         <!--[endif]-->Compliance

Clark and Associates agrees to compliance to all STATE OF GEORGIA applicable regulatory requirements and the working practice.

 

 

SUPPLEMENTARY INFORMATION: To be added as needed

 

POINTS OF CONTACT:  Be sure to call the appropriate department for any employee needs

DRESS CODE: All management staff and consultants must dress professionally at

CONFLICT RESOLUTION IN THE WORKPLACE

Conflict is a fact of life. Let's face it: Human beings are multifaceted characters and "not" everyone is going to get along all the time. In many instances, conflict in the workplace causes havoc. At the very least, it can lead to uncomfortable tension among staff. At worst, the results can be deadly.

 Reasons for Workplace Conflict    

  1. Change, prevalent in today's working landscape because of increased technology.
  2. Different communication styles. A work environment may house everyone from the strong, silent type to the person who is moved to cry at the drop of a hat.
  3. Prejudices. Today more than ever, the workplace is home to people from a variety of different backgrounds, but that does not mean they will all get along. Working so closely side by side, a person's deep-seated prejudices are bound to flare up.
  4. Mismatched goals, mismatched expectations, and mismatched values. Some people value work more than others, some people are more motivated than others, and some people just work better side by side than others. Can somebody say tension?

 
Conflict Climate
Violence and conflicts though it is rare, unresolved conflict can lead to workplace violence, as noted in the recent rash of shootings. Suicide also has been linked to office conflict, as has domestic violence.

 

 

 

 

 


The Deal    

People deal with conflict in a variety of ways. Following is a list of some of the behaviors people may assume to deal with the stress.

  1. Avoidance. Ignore the problem and it will go away.
  2. Accommodation. Try to please everyone (and in reality please no one and, often, look like a jerk).
  3. Collaboration. Work together to find a solution.
  4. Compromise. Give in on one area with the idea that others will give in on other areas.
  5. Combative. May the best (or toughest) man or woman win.

You need to deal with conflict in a way that makes sense for your situation; in general, however, the collaborative effort is the way to go because it involves people working together for the common good.

 
Resolving Conflict    

Although a certain amount of conflict may be beneficial, the tension it causes can ultimately be disruptive. Therefore, it should never be ignored. Following are some steps to help resolve conflict in the workplace.

  1. Identify the issue(s). What is the real problem? Remember: Your perception of the problem may be different than your co-worker. Communication is key.
  2. Take everyone's concerns into account. Practice active listening. Repeat what the other person said for clarification.
  3. Don't interrupt. Let everyone have their turn to speak.
  4. Brainstorm for possible solutions. Evaluate the options. Take a piece of paper and make two columns, one for plusses, one for minuses. List answers for each column.
  5. Take a time out when needed.
  6. Look internally. This is not to say that you are to blame for the conflict, but you should consider your role.

 
What's a Boss to Do?    

As the ringleader, supervisors have the responsibility to make sure conflict does not escalate to unproductive or dangerous levels. Here are some tips to swing the pendulum back toward harmonious.

  1. Encourage open communication in the organization. Pay special attention to the introverts of the group. Make sure everyone's voice is heard.
  2. Encourage an acceptance of different working styles and perspectives. And, most importantly, encourage diversity. Set a good example.
  3. Be aware of brewing conflict. Do you notice cliques being formed? Have you witnessed arguing or tempers flaring? Nip the problem in the bud.
  4. Realize that friendship is not the goal at work — getting the job done is. In other words, co-workers may not become best buddies, but they should be able to coexist.
  5. Empower your employees. Make them aware of policies regarding the handling of disputes, and uphold that policy.

 

 

 

 

 


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