cases are pending, and ACA anticipates
that these cases will generate decisions,
hopefully industry-favorable decisions,
sometime this year.
Member Investment Encourages
Success
ACA will release Industry
Advancement Program Judicial
Advocacy Reports throughout the
year to keep members informed about
the association’s new and ongoing
judicial advocacy initiatives and
accomplishments, which are geared
toward ensuring court cases result in
judicial decisions that are governed by
common sense, are clear and consistent,
and do not unfairly impede legitimate
industry business and activity.
While there is still much work to be
done, ACA is confident that its ongoing
Industry Advancement Program
advocacy efforts will continue to result
Court denied without comment the
request to hear Mutual First Federal
Credit Union, et al. v. Charvat, and two
courts of appeals entered decisions
against the credit and collection industry
in Monarch Recovery Mgmt., Inc. v. Lynn
(4th Cir.) and Buchanan v. Northland
Group, Inc. (6th Cir.), ACA is proud
of the effort put forth by parties it
supported in these cases.
As a result of the vigorous defense
in these lawsuits, others in the industry
have successfully defeated similar types of
cases at the trial level and, consequently,
demands and complaints alleging the
same theories diminished. Had the credit
union or the collection agencies initially
settled these cases, such settlements
would have only encouraged many more
similar cases to proceed to litigation.
ACA also initiated many new judicial
advocacy efforts since it implemented
the Industry Advancement Program,
including but not limited to providing
amicus brief support and/or financial
assistance to support litigation in cases
aimed at:
•;Removing the ability to sue for
violations of federal statute, like the
FDCPA and the TCPA, when mere
technical violations of statute do not
cause any economic loss or other
tangible harm.
•;Supporting the FCC’s rule of what
constitutes “prior express consent”
under the TCPA.
•;Establishing that not all predictive
dialers are categorically automatic
telephone dialing systems and that
“capacity” under the TCPA means
present ability.
•;Allowing debt collectors to use mail
reconciliation codes on the outside of
envelopes when communicating with
consumers.
•;Challenging a prolific plaintiff’s
attorney’s license to practice law.
•;Clarifying that liability under
the FDCPA may not be based on
the filing of a proof of claim in
bankruptcy.
In many of these cases, the issues are
fully briefed to the courts where these
in important new reforms that benefit
the credit and collection industry in the
years to come.
ACA member investment in the
Industry Advancement Program helps
ACA member businesses and the
industry not only survive, but thrive.
By supporting the program, members
can help ACA advocate for a fair legal
system for the credit and collection
industry. cm
Karen M. Scheibe Eliason is ACA’s
corporate counsel.
For more information about the
Industry Advancement Program, and
to view the Judicial Advocacy Report
Update as well as archived ACA Daily
articles on the cases supported by the
program, visit
www.acainternational.org/
iap. ACA members must be logged into
the website to view updates.