ACA Requests "Quick Fixes" to Parts of the FDCPA


The industry seeks to stop frivolous litigation through clear expectations and standards of appropriate conduct.

11/8/2018 9:00

ACA International recently provided the Bureau of Consumer Financial Protection with list of “quick fixes” to the remedy some of the outdated and onerous interpretations surrounding the Fair Debt Collections Practices Act (FDCPA). The recommendations follow ACA’s original May 2018 list of industry supported changes to the FDCPA that were crafted to help provide clarity for both consumers and those seeking to comply with the statute.

The suggested provisions for “quick fixes” would furnish consumers with clear expectations of appropriate industry conduct, while providing the accounts receivable management industry a clear roadmap to avoid frivolous litigation based upon unclear standards.

Here are the highlights of the request:

  • A “Limited Content Voicemail Message”?The Bureau should provide a clear and concise safe harbor for leaving voicemail messages.
  • Clarifying Requirements for Alternative Forms of Communication, including Email Messages and Text Messages?The industry seeks much-needed clarity around how debt collectors can lawfully communicate with consumers using modern technology, including through email and text messages.
  • Providing a Model for Alternative Forms of Communication, including Email Messages and Text Messages?The BCFP put forth a sample Validation Notice in its Outline of Proposals for Debt Collection.

To read more, click here.

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