10/21/2019 9:00
In case you missed it, ACA International celebrated a huge win in September when the House Financial Services Committee agreed to allow two ACA representatives to testify on a debt collections panel. Testifying before the U.S. House or Senate is an exclusive honor reserved for leaders who have the knowledge and expertise to engage with lawmakers while providing accurate information.
This episode of ACA Cast titled, “Testifying on Your Behalf,” features Leah Dempsey, ACA’s vice president and senior counsel, federal advocacy, moderating a discussion between John Bedard, owner of the Bedard Law Group in Atlanta, and Sarah Auchterlonie, an ACA consultant and shareholder at Brownstein Hyatt Farber Schreck in Denver, about their experience testifying before the committee chaired by U.S. Rep. Maxine Waters, D-Calif.
Modernizing the Fair Debt Collection Practices Act and the CFPB’s regulatory practices dominated discussions during the Sept. 26 hearing as Bedard and Auchterlonie brilliantly fielded a series of questions from Waters, U.S. Reps Blaine Luetkemeyer, R-Mo.; Andy Barr, R-Ky.; David Scott, D-Ga.; and others.
In response to a question from Luetkemeyer about the CFPB’s proposed debt collection rule, Auchterlonie said, “What I really like about the bureau’s rule is it provides the opportunity for collection agencies to use communication means that are now more predominant in society. The idea is to help the consumers feel more comfortable engaging in the debt collection process, so they have more control over their outstanding accounts.”
Meanwhile, Bedard said the industry has sought clear regulatory guidance on the FDCPA since its enactment in 1977. “Industry supported regulation in 1977 and industry supports clear, fair regulation today. Regulation by enforcement is wrong. It is unlawful. It is happening today, and it needs to stop. To fulfill its statutory mission and obligations properly, the bureau must first articulate rules and then strictly adhere to fair, clear and transparent enforcement practices.”
To watch the hearing, “Examining Legislation to Protect Consumers and Small Business Owners from Abusive Debt Collection Practices,” check out the committee’s archived hearings accessible here.
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