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February 2012
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Federal News
FCC Adopts Final Rule for TCPA
Informational calls are exempt from the 2010 NPRM requiring prior express written consent for autodialed or prerecorded calls.
The Department of Education's Budget Request Proposes Calling Cell Phones to Collect Debts
The Department of Education proposes changes to allow using automatic dialing systems and prerecorded voice messages to contact wireless phones for the collection of debt for the second time within the past year.
President's Budget Proposal Requests an Increase of More than $100 Million for the CFPB
The 2013 White House Budget includes an estimate of $448 million for the CFPB.
House Financial Services Subcommittee Discusses Three Bills Proposing Changes to the CFPB
Subcommittee discusses two bills which address funding of the CFPB, and one that addresses the CFPB's disclosure of privileged information.
FTC and CFPB Sign a Memorandum of Understanding to Coordinate Efforts
Agreement lays framework to avoid duplication of federal law enforcement and regulatory efforts.
FTC Reaches Settlement on Time-Barred Debt Complaint
The Commission also releases publication to help consumers understand time-barred debts.
CFPB Director Cordray Appears Before Congress Three Times Over the Past Month
Semi-Annual Report and Budget for the CFPB are discussed.
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State News
ALERT: NEW Massachusetts Regulations Released
New and amended regulations are effective Mar. 2, 2012.
Arrest Warrant Legislation Introduced in Illinois
Attention on the use of a contempt order has pompted legislation.
Attorneys General Meetings Prouctive in January and February
ACA continues efforts to educate attorneys general about the industry.
Want to know about state legislative proposals?
Please review ACA's monthly State Legislative Update, a list of selected state legislation that has particular significance to the credit and collection industry. Free to all ACA members, please review this important update and contact your ACA state unit leaders to discuss how you can help assist in the advocacy process. ACA tracks state legislation through the State Tracking Action Network. If you are not a unit leader, learn about how to subscribe to this service on ACA's website.
View this article at ACA International.
January 2012
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Federal News
President Circumvents Senate and Makes Recess Appointment of CFPB Director
Richard Cordray's confirmation as director gives the CFPB full regulatory authority.
CFPB Launches Nonbank Supervision Program
Supervision of credit and collection professionals will not begin until “larger market participant” is defined.
CFPB Director Identifies Policing Nonbanks as a Top Priority
New consumer bureau leader narrows focus as agency continues to take shape.
U.S. Supreme Court Issues Ruling in Mims v. Arrow Financial Services
Court rules both state and federal courts have jurisdiction over TCPA claims.
State News
Arkansas Attorney General Sends Out FDCPA Consumer Alert
ACA responds to alert sent out this year.
Recent Massachusetts Opinion Regarding Transaction Fees and Recurring Electronic Payments
The Massachusetts Division of Banks recently released an opinion letter addressing transaction fees and recurring electronic payments.
The Common Legislative Trend in January
State debt collection requirements re-introduced in capitols.
Interstate Committee Helps ACA Units
ACA Interstate Committee continues to be proactive in reaching out to ACA state units.
Want to know about state legislative proposals?
Please review ACA's monthly State Legislative Update, a list of selected state legislation that has particular significance to the credit and collection industry. Free to all ACA members, please review this important update and contact your ACA state unit leaders to discuss how you can help assist in the advocacy process. ACA tracks state legislation through the State Tracking Action Network. If you are not a unit leader, learn about how to subscribe to this service on ACA's website.
View this article at ACA International.
December 2011
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Federal News
Senate Republicans Block CFPB Nomination
Vote to confirm President's Consumer Bureau head fails.
Co-Sponsors Halt TCPA Legislation
Pressure from consumer groups and attorneys general stops progress of the Mobile Informational Call Act of 2011, H.R. 3035.
Senate Committee Approves FCC Nominees
Jessica Rosenworcel and Ajit Pai, FCC Commissioner Nominees, are approved by the Senate Commerce Committee.
Maryland Federal Court Renders Unprecedented TCPA Decision
ACA Clarifies TCPA Ruling in U.S. District Court for the District of Maryland.
TCPA at Issue in U.S. Supreme Court
The United States Supreme Court heard oral arguments in First American Financial Corporation v. Edwards and Mims v. Arrow Financial Services.
U.S. Rep. Barney Frank Announces Retirement
The Ranking Member of the House Financial Services Committee will not seek reelection in 2012.
State News
Wisconsin Collectors Association Tries to Stop Onerous Bill from Passing
Legislation recently signed into law significantly reduced the interest rate on judgments.
Legislation Introduced in Ohio Would Cut Statute of Limitations in Half
Business groups seeking tort reform in Ohio.
ACA on Debt Collection Panel at Legislator Conference
The National Conference of State Legislature gives industry an opportunity to share its perspective.
Want to know about state legislative proposals?
Please review ACA's monthly State Legislative Update, a list of selected state legislation that has particular significance to the credit and collection industry. Free to all ACA members, please review this important update and contact your ACA state unit leaders to discuss how you can help assist in the advocacy process. ACA tracks state legislation through the State Tracking Action Network. If you are not a unit leader, learn about how to subscribe to this service on ACA's website.
View this article at ACA International.
November 2011
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Federal News
Energy and Commerce Subcommittee Discusses TCPA Reform Legislation
House Members discuss proposed modernization of outdated TCPA statute.
ACA Members Push Needed Reforms during Fall Fly-In
More than 40 participants traveled to Washington, D.C. to educate Members of Congress about ACA's legislative and regulatory agenda, primarily focusing on the new TCPA reform legislation.
Financial Services Subcommittee Holds Hearing to Review the CFPB's First 100 Days
Successes touted and concerns voiced during a CFPB review hearing.
CFPB Outlines Plan to Provide Advance Notice of Potential Enforcement Actions
A new program will allow selected companies to have 14 days to submit a written response to complaints before CFPB enforcement proceedings begin.
State News
ACA Meets With Indiana Attorney General's Office Regarding Autodialers, FDCPA enforcement
Building ongoing relationships with attorneys general is critical for the industry.
Texas Residential Mortgage Loan Servicer Registration Requirement
ACA releases compliance alert for debt collectors who collect residential mortgage loan debt.
2011 Off-Year Elections Results
Fifteen states held statewide elections, recall elections, or ballot measures on Election Day in Nov. 2011.
Want to know about state legislative proposals?
Please review ACA's monthly State Legislative Update, a list of selected state legislation that has particular significance to the credit and collection industry. Free to all ACA members, please review this important update and contact your ACA state unit leaders to discuss how you can help assist in the advocacy process. ACA tracks state legislation through the State Tracking Action Network. If you are not a unit leader, learn about how to subscribe to this service on ACA's website.
View this article at ACA International.
October 2011
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Federal News
ACA Will Host Washington, D.C., Fall Fly-In November 1 and 2
Association members will advocate for members of Congress to support reform of the TCPA and FDCPA.
Richard Cordray is approved for CFPB Director Position by Senate Banking Committee
The Senate Banking Committee approved Richard Cordray for CFPB director position, but Senate Republicans vow to filibuster the appointment.
The CFPB Complaint System Will Provide Companies an Opportunity to Respond Directly to Complaints
CFPB Complaint Portal will allow businesses to directly respond to consumers.
State News
New Rules for Florida Debt Collectors
Florida regulator publishes new debt collection rules for collectors working in the state.
ACA Speaks Before State Regulators Association
Collection agency regulators meet at national event in Baltimore, Md.
ACA Working on Major Study Identifying Value of the Collection Industry
New efforts underway to gather data to prepare better survey.
Want to know about state legislative proposals?
Please review ACA's monthly State Legislative Update, a list of selected state legislation that has particular significance to the credit and collection industry. Free to all ACA members, please review this important update and contact your ACA state unit leaders to discuss how you can help assist in the advocacy process. ACA tracks state legislation through the State Tracking Action Network. If you are not a unit leader, learn about how to subscribe to this service on ACA's website.
View this article at ACA International.
September 2011
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Federal News
Congress Introduces Landmark TCPA Reform Legislation
The Mobile Informational Call Act of 2011, which proposes modernization of the TCPA, was introduced on the House Floor on September 22.
President Obama's Deficit Reduction Plan Proposes Allowing Federal Agencies to Contact Delinquent Debtors via Cell Phone
The President's plan for economic growth notes that an increasing share of households no longer have landlines and rely instead on cell phones.
Senate Banking Committee Questions CFPB Director Nominee
Richard Cordray, President Obama's nominee for the CFPB director position, was questioned during a confirmation hearing by the Senate Banking Committee.
Financial Services Subcommittee Discusses Cyber Threats to the Financial Sector
Rep. Shelley Moore Capito, chairwomen of the subcommittee on Financial Institutions and Consumer Credit, questioned members of the financial industry about cybersecurity.
State News
ACA and CAC Meet with California Attorney General's Office
Industry representatives discussed ACA's Blueprint to modernize the debt collection system.
ACA Sponsors Fall Democratic Attorneys General Association Conference
Recent conference offered ACA the opportunity to discuss the Blueprint.
Want to know about state legislative proposals?
Please review ACA's monthly State Legislative Update, a list of selected state legislation that has particular significance to the credit and collection industry. Free to all ACA members, please review this important update and contact your ACA state unit leaders to discuss how you can help assist in the advocacy process. ACA tracks state legislation through the State Tracking Action Network. If you are not a unit leader, learn about how to subscribe to this service on ACA's website.
View this article at ACA International.
August 2011
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Federal News
House and Senate Members React as the CFPB Officially Opens
The Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law one year ago.
ACA Files Official Comments to Help Define “Larger Market Participants” for the CFPB
ACA provided guidance in response to the CFPB's request for input to determine which entities should be considered larger participants in the financial market.
State News
Licensing Fee Increases Proposed in Washington State
The Washington State Department of Licensing is considering a proposal to increase licensing fees for collection agencies.
Illinois Regulator Withdraws Important Provision in Rulemaking
ACA and the Illinois Collectors Association submitted joint comments to opposed rules.
New Interstate Committee State Committee Liaison Chart Released
ACA welcomes new members to the Interstate Committee, which will be more proactive in reaching out to ACA state units.
View this article at ACA International.
July 2011
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Federal News
President Appoints Richard Cordray for the CFPB Director Position
Former Ohio attorney general receives nomination to head up new bureau.
Senate Banking Committee Holds Hearing to Discuss Dodd-Frank Laws' Effects
Witnesses discussed how the newly created CFPB will impact consumers and businesses.
CFPB Seeks Guidance in Defining Entities That Will be Considered Larger Participants in the Financial Market
ACA participated in a group discussion at the U.S. Department of Treasury on July 7 to provide input on defining larger participants in the financial market.
Senate Commerce Committee Holds Hearing Discussing Privacy and Data Security
June hearing discussed maintaining and securing personal information.
State News
Florida Proposes Changes to Licensing Regulations
The Florida Collectors Association has been working diligently this year with the state's regulator.
Washington Collectors Association Effective in Legislative Battle
An ACA unit looking out for the collection agencies operating in Washington.
Majority of Attorneys General Meet in Hawaii
Attorneys general focus on debt collection initiatives at summer conference.
Want to know about state legislative proposals?
Please review ACA's monthly State Legislative Update, a list of selected state legislation that has particular significance to the credit and collection industry. Free to all ACA members, please review this important update and contact your ACA state unit leaders to discuss how you can help assist in the advocacy process. ACA tracks state legislation through the State Tracking Action Network. If you are not a unit leader, learn about how to subscribe to this service on ACA's website.
View this article at ACA International.
June 2011
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Federal News
The Federal Government Affairs Office Hosts Summer 2011 Fly-In
ACA members traveled to Washington, D.C., to help advocate for ACA's legislative and regulatory agenda.
House Oversight Committee Examines New Consumer Agency
Committee members questioned Elizabeth Warren about the implementation of the CFPB.
The Medical Debt Responsibility Act of 2011
New bill proposes removing paid or settled medical debt from credit reports.
House Energy and Commerce Subcommittee Holds Hearing to Discuss Data Security
Increase in Cyber-attacks prompts new data security legislation.
State News
California Association of Collectors Helps to Defeat Onerous Debt Buyer Legislation
Proposed collection-related litigation requirements hit the Golden State.
Attorneys General Involved in Collection-Related Litigation Lawsuits
Perceived concerns over the appropriate standards for collection-related litigation have received significant attention from attorneys general in 2011.
ACA Sponsors Summer Republican Attorneys General Association Conference
Recent conference offered ACA the opportunity to discuss the Blueprint.
ACA Unit Leader & Lobbyist Conference Calls Tremendous Success
Unit leaders bring significant support to achieve state legislative and regulatory success.
Want to know about state legislative proposals?
Please review ACA's monthly State Legislative Update, a list of selected state legislation that has particular significance to the credit and collection industry. Free to all ACA members, please review this important update and contact your ACA state unit leaders to discuss how you can help assist in the advocacy process. ACA tracks state legislation through the State Tracking Action Network. If you are not a unit leader, learn about how to subscribe to this service on ACA's website.
View this article at ACA International.
May 2011
Federal News
44 U.S. Senators Sign Letter Opposing CFPB Confirmation Without Structural Reforms
Senators call for three reforms to the CFPB's structure.
The House Financial Services Committee Completed Mark-up and Approved Proposed CFPB Legislation
Three bills altering the landscape of the CFPB were approved.
President Signs 1099 Repeal Legislation into Law
ACA collaborated with other organizations in support of repealing the overly burdensome Form 1099.
FTC Workshop Discusses Technological Advances Impacting the Collection Industry
The FTC hosted a workshop that discussed the impact new technologies have on communications and compliance with the FDCPA.
ACA to Host Summer 2011 Fly-In June 15 and 16
Join fellow members in Washington, D.C., this summer to meet with members of Congress.
State News
State FDCPA Enforcement Legislation Passes in Indiana
The state attorney general will be able to enforce federal law under the state's unfair and deceptive acts statute.
ACA Testifies and Submits Comments Responding to Proposed Regulations in Massachusetts
Proposed amendments to state debt collection regulations impact creditors and their agents.
ACA Attends Democratic Attorneys General Association Spring Conference
The event hosted a panel on private collection agencies collecting government debt.
Washington Passes Favorable Legislation
The Washington state legislature passed two bills impacting collection activities in the state.
Want to know about state legislative proposals?
Please review ACA's monthly State Legislative Update, a list of selected state legislation that has particular significance to the credit and collection industry. Free to all ACA members, please review this important update and contact your ACA state unit leaders to discuss how you can help assist in the advocacy process. ACA tracks state legislation through the State Tracking Action Network. If you are not a unit leader, learn about how to subscribe to this service on ACA's website.