From Collector: Setting Things in Motion

8/11/2017 10:58 AM

ACA International’s state and regional units have been busy advocating for industry priorities. Here’s a look back at some of the more significant state-level action we’ve seen so far this year.


ACA International and its 38 state and regional units have been busy working on state legislation and advocating for industry priorities in 2017. All 50 states convened legislative sessions this year to consider thousands of bills and to hold hearings on a wide array of legislative proposals, Vice President of State Government and Unit Affairs Andrew Madden reports in the August issue of Collector magazine.

ACA is tracking more than 390 bills introduced in state legislatures across the country that, if enacted, would impact the debt collection industry. ACA and its units are leading efforts to both support and oppose legislation, often organizing and participating in broad coalitions that collectively advocate for shared interests.

Some of the more prevalent legislative issues being considered in 2017 include new restrictions and expanding exemptions on garnishment that are gaining momentum in several states; state legislatures considering expanding their tax codes; a rewrite of the Colorado Fair Debt Collection Practices Act and SB 563 in West Virginia, which amends the definition of “debt collector” to exempt attorneys representing creditors. (The exempt attorneys are licensed in West Virginia or otherwise authorized to practice law in the state and are handling claims and collections in their own name as an employee, partner, member, shareholder or owner of a law firm and not operating a collection agency under the management of a person who is not a licensed attorney.)

The New England Collectors Association is always one of the busiest units for ACA, and 2017 is no exception. The unit is tracking and working on more than 60 bills, including more than 25 in Massachusetts, Madden reports.

ACA also continues to work closely with several national associations of state regulators and state units continue to monitor multiple bills.

The New York Unit, for example, has more than 70 bills on its radar, ranging from licensing to documentation to identity theft, Madden reports.

ACA and its units will continue to push for commonsense policy at the state level and watch legislatures closely until they adjourn for the year. As new legislation is enacted, ACA will update all relevant ACA SearchPoint documents as well as ACA’s Guide to State Collection Laws and Practices.

Read Madden’s article in the August issue of Collector magazine for more updates on state activities and resources on how to keep up on state issues.

In the next featured article in From Collector, read about Chad Echols’ experience volunteering with the Attorney State Chair Program.

The complete digital editions of Collector magazine are available through ACA International’s website. ACA International will publish weekly excerpts from Collector articles, when available; check your inbox for the excerpts in ACA Daily on Mondays and Wednesdays.

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