In the third ACA Huddle of ACA International’s series focused on the CFPB’s debt collection rule, speakers discussed possible outcomes for inclusion of validation notices in future guidance from the bureau. Editor’s note: This article is available for members only.
11/6/2020 9:00
ACA International members Nicole Strickler, partner at Messer Strickler Ltd., and Dennis Barton III, owner and managing attorney at The Barton Law Group LLC, reviewed the ins and outs on validation notices Friday in the third part of the ACA Huddle CFPB Rule Series.
While several of ACA’s supported issues were included in the Consumer Financial Protection Bureau’s final debt collection rule, some were not, and ACA will continue to highlight to the bureau areas that need to be improved upon, ACA previously reported. Specifically, the bureau weakened the safe harbors for call frequency limitations and sending emails. Unlike the proposed rule, the final rule does not contain either: 1) an E-SIGN Act exemption and alternative to obtaining E-SIGN consent; or 2) a safe harbor for provision of the validation notice in the body of an email that is the initial communication with a consumer, which Strickler and Barton on focused on during the webinar.
They discussed email validation notices, what the CFPB may decide with placement of states’ required disclosures on the notices, third-party disclosure and more.
Recordings and slide presentations from the webinars will be available for members here and registration for the series, complimentary for members, is available here.
ACA Huddle CFPB Rule Series Webinars Continue
ACA’s panel of experts continues to review the comprehensive rule and will be providing detailed analysis and compliance resources throughout this series of webinars, as well as in ACA Daily and in member alerts as necessary. Log on to acainternational.org and select My ACA to subscribe to Member Alerts under email subscriptions.
The next ACA Huddle as part of the series, 11 a.m. CST Monday, Nov. 9, will focus on electronic communications disclosures with speakers Leslie Bender, IFCCE, CCCO, senior counsel at Clark Hill PLC, David Schultz, partner at Hinshaw & Culberston LLP, and Tim Collins, general counsel and chief compliance officer at TrueAccord Corp.
On Tuesday, Nov. 10, the ACA Huddle will focus on a deep dive on collection practices led by June Coleman, managing attorney, Messer Strickler Ltd., Michael Klutho, shareholder at Bassford Remele and John Rossman, attorney at law at Moss & Barnett
Thank you to the sponsors of the ACA Huddle series: Hinshaw & Culberston LLP, Ontario Systems, RevSpring Inc. and Venable LLP.
Related Content from ACA International:
Compliance Complexities As Well As Clarity in CFPB’s Final Debt Collection Rule
Member Alert: ACA Offers Initial Analysis of CFPB Debt Collection Rule
A Closer Look at Communications Requirements in CFPB Final Debt Collection Rule