Collector - August 2017 - 29
cease direct contact with a debtor after a
collector receives a notice that the consumer
is represented by an attorney, increasing the
time from 72 hours to three business days.
Further, the law will require consumers
to send such notices via certified mail
and request a return receipt. The law also
amends the notice requirements for debts
beyond the statute of limitations, requiring
such notices to be provided in all written
communications regarding out-of-statute
debts, rather than only in the initial
written communication as was previously
Before its session adjourned, the Texas Unit
worked to oppose or amend a "zombie"
debt bill, which was held in committee.
The Oregon Unit has been monitoring
a bill that would implement a state
registration process for debt buyers and new
documentation requirements for purchased
debt before a lawsuit could be filed.
The New York Unit has more than 70
bills on its radar, ranging from licensing
to documentation to identity theft.
The Florida, Michigan, Nebraska, New
England and Texas Units have all held
productive Capitol Days in conjunction
with their recent spring conferences,
conducting dozens of meetings with
legislators and staff.
These are just a few highlights of the state
legislative activity that the industry has been
involved in lately. Keep in mind that many
state sessions are still in full swing.
Legislation at the state level can often
be introduced in an overwhelming volume
and can move much faster than proposals
at the federal level. ACA strives to foster
communications across state lines to
quickly identify legislative and regulatory
trends and to develop and improve
ACA also continues to work closely
with several national associations of state
regulators, including the North American
Collection Agency Regulator Association,
the Conference of State Bank Supervisors
and three national state attorneys general
By working with these groups, ACA
can build better relationships and educate
policymakers on the pressing issues facing
our industry at both the state and federal
levels. These efforts complement the work
by our units and ACA's federal team in
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 Collections Laws and
Andrew Madden is ACA International's vice
president of state government and unit affairs.
ASK AN ATTORNEY
ACA International's Attorney State Chair Program
connects unit members with volunteer attorney liaisons
who can alert you of any industry-significant legal issues
happening in the state and help engage you in local
legislative efforts. Look up your State Chair at www.
acainternational.org/units to discuss opportunities for
working together. You can also read a profile of Attorney
State Chair Chad Echols p. 48 of this issue.
At least 17 states
sales taxes on services,
though none that would
impact the industry have
passed. Experts expect this
high level of activity to drop
off next year.
The New England
one of ACA's busiest units,
tracked more than 60 bills
this year, including one that
could hamper collection
through new "robocall"
A new West Virginia law
amends the timeframe a
collector must cease direct
contact with a consumer
after receiving notice that
the consumer is represented
by an attorney.