ACA International’s advocacy team in Washington, D.C., has ramped up its efforts to make bipartisan connections in recent months, including congressional meetings on the possible legislative implications of the 11th Circuit’s Hunstein ruling and with regulators on TCPA call exemptions and the CFPB’s proposed delay of the Reg F effective date.
5/11/2021 9:00
To say that it’s been a busy year so far in the 117th Congress when it comes to meetings with the accounts receivable management (ARM) industry would be an understatement, but ACA International’s advocacy team in Washington, D.C., isn’t slowing down its efforts and has seen significant progress in moving the needle on educating lawmakers and regulators about industry issues and improving their proposals’ outcome for businesses and consumers.
Here are a few highlights of ACA’s work on Capitol Hill:
Hunstein v. Preferred Collection and Management Services Inc.
You’ve probably heard that on April 21, 2021, a three-judge panel in the U.S. Court of Appeals for the 11th Circuit released an opinion in Hunstein v. Preferred Collection and Management Services Inc. This short primer explains what the opinion said and why it might matter to your business.
On the advocacy side, ACA has discussed the issue with several regulators and consumer groups about the possible implications for businesses and consumers as a result of the Hunstein ruling. ACA is also working with a broad coalition of other industries impacted by the ruling to educate Congress and other policymakers about the problems associated with the decision.
The Comprehensive Debt Collection Improvement Act
The U.S. House of Representatives is expected to vote on the Comprehensive Debt Collection Improvement Act, H.R. 2547, this week, and ACA needs your help to stop the bill and educate lawmakers about how the policy proposals are harmful to businesses and consumers.
ACA has a letter available to share with your member of Congress simply by adding your contact information and clicking send.
Joining this grassroots campaign with ACA’s advocacy team will help stop this misguided legislation aimed at limiting the operations of the ARM industry.
“ACA has been leading efforts in Washington, D.C., in both chambers of Congress to highlight flaws in this legislation,” said Vice President and Senior Counsel of Federal Advocacy Leah Dempsey. “ACA has several concerns about this bill because of its impact on members, and you can help put that in perspective for legislators by sharing this letter.”
ACA has held hundreds of meetings with congressional staff and members of Congress to educate them about why overbroad efforts in these bills would ultimately harm not only ACA members and their employees, but also businesses and consumers.
ACA submitted a letter outlining its concerns about H.R. 2547 in advance of the House Financial Services Committee markup last month. The letter is another advocacy tool about this bill ACA members can share with members of Congress.
The House Financial Services Committee passed the bill along party lines in April.
ACA will continue advocacy efforts to educate legislators about the impact of the policy proposals in these bills and continue to work with its industry trade group coalition partners on advocacy before the legislation is considered by the full U.S. House of Representatives in May. ACA expects the bill will have an uphill battle in the U.S. Senate
To help with these efforts, we encourage you to submit this letter to your member of Congress.
ACA’s TCPA Call Exemption Petition to the FCC
ACA and industry trade associations filed a petition in March for the Federal Communications Commission to reconsider certain aspects of its December 2020 order modifying longstanding exemptions to the Telephone Consumer Protection Act.
The FCC’s December 2020 order amended longstanding exemptions from the TCPA consent requirements for certain categories of informational calls, ACA previously reported.
Notably, the order adds significant new compliance burdens to making prerecorded calls to landlines.
The order took effect Monday, March 29, 2021, except for the amendments to Section 64.1200(a)(3)(ii) through (v), (b)(2) and (b)(3), and (d), which are delayed indefinitely. Those sections include the codified non-marketing exemptions and the disclosure and recordkeeping requirements.
In response to comments on the timing needed to implement new call limitations, including from ACA, the FCC delayed implementation of the three-call limit for six months from the order’s publication in the Federal Register.
Commenters on the petition largely agreed with ACA and the industry trade associations’ ask, except for the National Consumer Law Center, which opposed in part.
ACA filed reply comments in response to the messages in support and opposition of the petition. From a consumer protection and compliance perspective, the distinction is significant, which ACA and other commenters noted in the petition and reply comments.
Reg F: ACA Urges CFPB to be Transparent About Rule Delay
About a month ago, the Consumer Financial Protection Bureau proposed delaying the effective date of the final debt collection rule (Regulation F) from Nov. 30, 2021, to Jan. 29, 2022.
In its proposal, the CFPB states that it proposed the extension in response to the ongoing “societal disruption” caused by the global COVID-19 pandemic and to allow stakeholders additional time to review and implement the rule.
“ACA appreciates that the CFPB understands that the rule imposes significant compliance burdens for the ARM industry, however, we do not think 60 days will make a material difference in alleviating those burdens,” Dempsey said in comments to the CFPB. “Instead, a phased implementation and enforcement discretion would be more reasonable and appropriate way to address these concerns.”
The CFPB has not indicated it will use the time to address compliance complexities identified by ACA members in comments on Reg F.
Dempsey also noted in the comments that the CFPB has made conflicting statements about its reasoning for delaying the effective date of Reg F.
ACA has met with the CFPB about the proposed delay in the effective date for Reg F as well as accuracy in its complaint database, new leadership at the bureau and other topics on behalf of members.
2021 Washington Insights Virtual Fly-In
ACA and its members connected with lawmakers on both sides of the aisle during the 2021 Washington Insights Virtual Fly-In.
U.S. Sen. Gary Peters, D-Mich., joined the Democrat majority panel during the event and ACA Director of Federal Advocacy Patrick Russell hosted a discussion with U.S. Rep. Vincente González, D-Texas.
Peters was recently elected to a second term and serves on the Senate Commerce Committee, which oversees the Federal Communications Commission and Federal Trade Commission. In the 116th Congress, Peters was ranked the most bipartisan policymaker in the U.S. Senate and saw more bills that he either authored or was the principal sponsor on passed than any member of either party in either chamber.
The event started with a session featuring U.S. Sen. Kevin Cramer, R-N.D., followed by a presentation by ACA CEO Mark Neeb.
Interactive sessions included a presentation on connecting with members of Congress led by Dempsey, ACA President Scott Purcell, president, Professional Credit Service; Brian Watkins, president, Southern Oregon Credit Service Inc.; and Richard Perr, managing partner, Kaufman Dolowich Voluck.
The ACA Women in Collections Industry Resource Council’s chairwomen Fran Fisher, Anita Manghisi and Pauline Kussart led a discussion about their experience advocating in D.C. They were joined by U.S. Rep. Michelle Steel, R-Calif., U.S. Rep. Mariannette Miller-Meeks, R-Iowa., and U.S. Rep. Victoria Spartz, to hear their perspective on the landscape in D.C. and the new majorities in Congress, which include more Republican woman than ever in the U.S. House.
You Can Help Tell the Industry’s Story
Give members of Congress and regulators a glimpse into your company’s work in the ARM industry by participating in ACA’s campaign to share our members’ stories through videos.
Agency tours are a strong advocacy tool and allow ACA members to connect with their legislators and regulators. When we can’t do that in person, a video is a great option. Simply hit record and ask a few members of your team to showcase how the important work of the industry helps consumers and why we do what we do.
Read more here about how to get involved and for the latest on ACA’s advocacy goals to help with your video, check out our 2021 Advocacy Booklet or contact Vice President and Senior Counsel of Federal Advocacy Leah Dempsey at [email protected].