Articles and Guides

Your knowledge deepened. Relevant compliance articles and comprehensive guides are written to broaden your understanding in compliance responsibilities.

Compliance-Related Articles

Compliance articles authored by ACA's compliance team featured in ACA International's flagship publication, Collector^® magazine, from 2014 to present.

2018

• Safe and Sound
  How well do you understand privacy considerations under HIPAA?
• Passing the Torch
  Examining state laws surrounding the right of assignment for consumer debt.
• To Whom the Debt is Owed
  These takeways from Deleon vs. Action Collection Agency of Boston can help ensure your validation letters are as compliant as possible.
• Making Sense of Collection Notice Requirements
  The courts are driving change in what disclaimer language looks like. Are you paying attention? An ACA International member explores how her agency handles this tricky issue.
• Navigating Uncharted Territory
  What to expect when expanding your collection business into other states.

• This Call May be Monitored or Recorded
  How to navigate state call recording laws.
• Relationship Goals Between Consumers, Spouses and Debt Collectors
  What you need to know about spousal communication rules.

• School is in session
  A new California law requiring student loan servicers to be licensed, among other things, goes into effect July 1, 2018.
• It’s a matter of trust
  Reviewing state laws to determine trust account requirements.

• Satisfaction Denied
  How to deal with consumer checks stating the account is "paid in full"
• Vetting your Vendors
  The CFPB expects supervised entities to have an effective process for managing the risks of service provider relationalship. What does that entail?
• What to do with unclaimed property
  State law may dictate the prcoess for managing unclaimed consumer overpayments and refunds
• I'm Not Paying That
  A consumer's written refusal to pay is a valid cease communication request under the FDCPA
• Texas Law Expands Protections for Medical Accounts Mediation
  New protections apply to certain healthcare claims incurred on or after Jan. 1, 2018

2017

• Full Disclosure
  Can debt collectors send sensitive consumer information through the CFPB’s compliant portal?  
• ID, Please
  What you need to know about California’s Identity Theft Resolution Act 
• Got Accuracy and Integrity
  What data furnishers need to know about the FCRA and Regulation V 
• New Year, New Policies
  Three reasons to update your compliance management system  

2016

• Understanding the National Consumer Assistance Plan
  What’s already here and what’s coming​​​​​
• License to Communicate
  Answers to some common questions about state licenses and consumer communication
• UDAAP: "A" is for Abusive
  Recent CFPB enforcement actions have provided some specific examples of what is considered “abusive” conduct. 
• To Delete or Not to Delete?
  Debt collectors sometimes ask whether it's permissible to delete information from a consumer's credit report. The short answer is: it depends on why you're deleting the information.
• Too Many Cooks in the Kitchen 
  Serious problems can arise if multiple entities attempt to collect.
• Identifiable Elements 
  The CFPB's areas of focus.
• Call Me Maybe?
  Understanding prior express consent and its revocation under the TCPA.
• Tracking the Trends 
  Data from the CFPB complaint database may highlight potential areas of compliance risk.
• Knock, Knock, Who’s There?
  In-person collection attempts may present heightened compliance risks for collection agencies.
• Full Disclosure
  ACA answers three common questions about the mini-Miranda.
• CFPB Issues Bulletin on FCRA Compliance
  Furnishers must implement policies and procedures spelling out how they will provide accurate information to all consumer reporting agencies.
• Working with Consumer Reporting Agencies
  Are you providing the correct date of delinquency?
• To Disclose or Not to Disclose?
  When to tell consumers that their debt is out of statute.
• Sizing Up Your Collection Notices
  Are you following the legal requirements for font sizes and colors?
• New Restrictions
  CRAs are implementing changes to the consumer reporting process.

2015

• Clues From the CFPB’s Consent Orders 
  The CFBP's recent consent orders with two debt buyers may provide some foreshadowing for the collection industry.
• Answering an Old Question
  Can out-of-statute debt appear on a consumer's credit report.
• Planning Ahead
  Four essential takeaways from the CFPB's examination procedures.
• Do you have a Permissible Purpose?
  In order to review a consumer report, collectors must consider the source of the debt.
• Who Are You?
  Verifying that the person on the other end of the line is the right person.
• Winds of Change
  What collection agencies should be doing now.
• Compliance Checkpoints 
  Use the CFPB's Supervisory Highlights reports to refine your compliance management system.
• Me Too?
  Compliance with the FDCPA for creditors.
• Out-of-Stat Debt Complexity 
  Three frequently asked questions about collecting out-of-statute debt.
• Communication Challenges
  Federal and state laws have specific requirements for communicating with third parties.
• Privacy Matters
  Collection agencies should review their business associate agreements to ensure they are current.

2014

• Enhancing Accuracy
  CFPB actions bolster the need strong policies regarding accuracy and integrity of information.
• Navigating the Regulatory Environment
  CFPB bulletins provide insight the bureau's compliance expectations.
• New Rules for Old Debts
  Some jurisdictions have enacted stringent disclosure requirements for out-of-statute debts.
• Handling Consumer Disputes
  How to handle disputes.
• Military Matters: Compliant Collections
  Agencies should have policies and procedures in place regarding service members' accounts.