importance to twice as many members
than ACA has, on average, provided
year-over-year.
Through the Industry Advancement
Program, ACA has achieved some
important wins in major cases involving:
•;The application of the Federal
Communications Commission’s
interpretation of the term “prior
express consent” in the TCPA.
•;The ability to automatically record
calls to consumers without consumer
consent.
•;The clarification of a uniform process
for handling small-claim collection
actions, which allows such actions to
be litigated on a level playing field.
•;The defeat of frivolous and meritless
claims brought by serial filer
plaintiff’s attorneys.
•;The defeat of class certification in a
TCPA case involving automated debt
collection calls to a noncustomer who
consented to receive such calls.
Of course, some other legal battles
have been long, arduous and ultimately
disappointing. Although the Supreme
support one of the parties involved in
the cases and provide courts with insight
on issues affecting the whole industry.
ACA closely follows judicial matters
across the country to ensure that
the collection industry’s position is
represented and considered. ACA’s
Judicial Committee independently
reviews and considers Industry
Advancement Fund involvement with and
amicus curiae support of court cases that
have an important, potentially precedent-setting impact on ACA’s members or the
credit and collection industry in general.
Judicial Advocacy Highlights
ACA has supported more cases with
litigation funding and/or amicus brief
support since the Industry Advancement
Program’s inception just a short while
ago than ACA has ever supported in any
other year.
Thanks to the Industry Advancement
Program, ACA was able to provide
financial assistance to help defray
member litigation or appeal expenses
A request for Industry Advancement
Funds can help defray high litigation
costs for ACA members who are
involved in cases of national or regional
significance to the credit and collection
industry or cases that have potential for
meaningful impact on industry-wide
concerns.
However, influencing a court
by financially supporting a party’s
litigation is only one way to seek
positive judicial precedent. As
a complement to the Industry
Advancement Program’s judicial
advocacy, ACA regularly provides
“friend of the court” briefs—also
known as amicus curiae briefs—when
an issue on appeal has industry-wide
implications. Because appeals often
are limited to facts presented at the
lower court, amicus briefs are a way to
introduce industry concerns, so that
the possibly broad legal effects of court
decisions will not depend solely on the
arguments of the parties.
By filing amicus briefs in significant
cases on appeal, ACA can formally
Number of Industry Advancement
Fund Supported Cases:
By Support Type
*One case received partial amicus brief support
and partial financial assistance to support
litigation.
**One case received amicus brief support and
partial financial assistance to support litigation.
ACA Supports Cases From Coast-to-Coast
Within the initial year of the Industry Advancement Program,
ACA International has supported cases in nearly every federal
judicial circuit across the country—except the 1st and 8th circuits.
