Collector - September 2016 - (Page 42)

IAP ACA Industry Advancement Support Helps Secure Victory for Collection Industry in FDCPA Case Rejecting the Eleventh Circuit's decision in Crawford, the Eighth Circuit ruled that filing a proof of claim in a bankruptcy proceeding based on an out-of-statute debt does not violate the FDCPA. By Karen Scheibe Eliason T he credit and collection industry got some good news in July when the Eighth Circuit Court of Appeals entered a 3-0 decision in the case of Nelson v. Midland Credit Management, Inc., No. 15-2984, 2016 WL 3672073 (8th Cir. July 11, 2016). The ruling affirmed the district court's decision to toss out the consumer's Fair Debt Collection Practices Act action that challenged the debt collector's filing of a proof of claim in the consumer's Chapter 13 bankruptcy case based on an out-of-statute 42 "The Nelson decision raised the number of industryfavorable decisions ... achieve[d] for ACA members through the Industry Advancement Program to a total of 19 in a little less than three years." debt as a false, deceptive or misleading debt collection practice. ACA assisted in successfully defeating the consumer's appeal by providing amicus brief support in the case, leading to a significant FDCPA ruling positively impacting ACA members. In Nelson, the consumer filed for Chapter 13 bankruptcy relief. The debt collector then filed a proof of claim in the consumer's bankruptcy case for the amount the consumer defaulted on eight years earlier. The consumer filed an objection to the debt collector's claim in the bankruptcy proceeding, arguing it was time-barred. The bankruptcy court sustained the consumer's objection, ordering the debt collector's claim disallowed in its entirety. The consumer subsequently sued the debt collector, alleging that the debt collector violated the FDCPA by filing the proof of claim on the time-barred debt. The district court granted the debt collector's motion to dismiss the FDCPA claim, ruling that the FDCPA is not implicated by a debt collector filing an accurate and complete claim on a time-barred debt. The consumer appealed. On Dec. 14, 2015, ACA International submitted a "friend of the court" brief to the Eighth Circuit in Nelson to support the debt collector's position and to protect its members' ability to recovery rightfully owed obligations-including debts that remain valid under the law even after the statute of limitations has expired. In its amicus brief, ACA urged the Eighth Circuit to decide that filing a bankruptcy proof of ACAINTERNATIONAL.ORG http://www.ACAINTERNATIONAL.ORG

Table of Contents for the Digital Edition of Collector - September 2016

Upfront
Industry News
Best Practices
FYI
Collection Tips
5 Ways to Get Electronic Payments Right
Making the Connection
Curious About Amicus Curiae?
Calendar
Honor Roll
Small Talk
Know the Score
What Creditors Need to Know About the TCPA
ACA Industry Advancement Support Helps Secure Victory for Collection Industry in FDCPA Case
Compliance
ACA SearchPoint
Last Word

Collector - September 2016