Collector - May 2015

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.