Collector - December 2017 - 16

NUMBER OF CASES SUPPORTED BY ACA'S
INDUSTRY ADVANCEMENT PROGRAM

60
35
Amicus Brief
Supported

Total

25

17

2017

14

2016

Financially
Supported

11

2015

14

2014

4

2013

data," its overall sample of individuals who
have been contacted by a debt collector was
remarkably small, representing only 682
individuals. Despite this significant limitation,
the CFPB continually couched its findings
in relation to all American consumers with
debt collection experience, which could be
construed as incomplete and misleading.
"The data obtained by the CFPB through
the consumer survey is insufficient at best and
fundamentally flawed at worst. As a result,
the survey data cannot be used as the basis to
properly inform the Bureau's debt collection
rulemaking efforts," wrote ACA International
Director of Research Josh Adams, Ph.D.

ACA SUGGESTS IMPROVEMENTS
TO CFPB'S PLANNED SURVEY ON
CONSUMER DISCLOSURES
In June, the CFPB sought approval for
a consumer survey on debt collection
disclosures from the Office of Management
and Budget. Unlike the bureau's previous
disclosure testing, which focused on aspects
of the disclosure form itself, this survey
would explore consumer comprehension
and decision making in response to debt
collection disclosure forms.
When the CFPB issued a public comment
request on the proposal, ACA promptly

16

submitted its concerns, which included the
bureau's failure to provide the financial notices
upon which many of the survey questions are
based and several flaws in the survey itself that
undermined its practical utility.
ACA suggested several modifications,
including:
* Replace the questions that fall in the
categories of "do you think" and "how
likely do you think" with a series
of items asking specific, objective
questions about the notice.
* Add a series of items assessing
the respondent's financial literacy
in order to provide a baseline for
contextualizing the data.
Finally, given the importance of potential
new disclosures to inform the CFPB's
debt collection rulemaking efforts, ACA
urged the CFPB to refrain from releasing
a proposed rule on debt collection until
it concluded and released the results of
any debt collection research related to the
rulemaking, including the potential new
Disclosure Survey.

SENATE VOTES TO OVERTURN
CFPB ARBITRATION RULE
In late October, the credit and collection
industry enjoyed a victory when U.S. Senate

Republicans overturned the CFPB's rule
to ban class-action waivers in arbitration
agreements in contracts for consumer
financial products.
Although the CFPB's rule, issued in
July, did not outright prohibit arbitration
agreements, its prohibition of class-action
waivers-coupled with new arbitral
reporting requirements-was widely
expected to act as de facto ban on the
continued use of arbitration.
Last year, ACA submitted a comment letter
opposing the arbitration rule explaining the
important role played by class-action waivers
in offering legitimate debt collectors a way to
quickly and more easily defeat inappropriate
class action lawsuits.
In addition, ACA joined 28 other industry
associations and organizations in a letter
to the CFPB requesting it to withdraw the
rule, or at a minimum, adopt a more tailored
approach that would preserve consumers'
access to arbitration.

ACA-SUPPORTED PHH V.
CFPB CASE GETS TO ORAL
ARGUMENT
In May, taking another look at an October
2016 decision that ruled the structure of the
CFPB unconstitutional, the U.S. Court of
Appeals for the District of Columbia Circuit
heard the much-anticipated oral argument
in PHH Corp. v. CFPB.
The oral argument focused almost
exclusively on questions concerning
presidential authority and the
constitutionality of the CFPB. In particular,
the judges questioned how seriously
the CFPB, in its current form, limits the
president's power to faithfully execute the
laws, as well as whether the D.C. Circuit
Court has the authority to rule in favor of
PHH on the constitutional issues in light of
Supreme Court precedent.
Describing the CFPB as "manifestly
unconstitutional," PHH asserted that
the combination of the CFPB's unique
features-including its single-director
structure, its clear executive functions,
and its lack of accountability-all have
a significant impact on diminishing

ACAINTERNATIONAL.ORG


http://www.ACAINTERNATIONAL.ORG

Table of Contents for the Digital Edition of Collector - December 2017

President’s Page
Industry News
Best Practices
FYI
Collection Tips
Stronger Together
Taking a Layered Approach
Lines of Communication
Calendar
Honor Roll
Collective Intelligence
CFPB Issues Final Rule for Small Dollar Lending Market
Ask the Experts: Training Advice
Court Rules Voicemail is a “Communication" and Disclosing Name of Collection Agency Provides “Meaningful Disclosure” Under FDCPA
Compliance
ACA SearchPoint
Last Word
Collector - December 2017 - Cover1
Collector - December 2017 - Cover2
Collector - December 2017 - 1
Collector - December 2017 - 2
Collector - December 2017 - President’s Page
Collector - December 2017 - Industry News
Collector - December 2017 - 5
Collector - December 2017 - 6
Collector - December 2017 - 7
Collector - December 2017 - Best Practices
Collector - December 2017 - 9
Collector - December 2017 - FYI
Collector - December 2017 - 11
Collector - December 2017 - Collection Tips
Collector - December 2017 - 13
Collector - December 2017 - Stronger Together
Collector - December 2017 - 15
Collector - December 2017 - 16
Collector - December 2017 - 17
Collector - December 2017 - 18
Collector - December 2017 - 19
Collector - December 2017 - Taking a Layered Approach
Collector - December 2017 - 21
Collector - December 2017 - 22
Collector - December 2017 - 23
Collector - December 2017 - 24
Collector - December 2017 - 25
Collector - December 2017 - Lines of Communication
Collector - December 2017 - 27
Collector - December 2017 - 28
Collector - December 2017 - 29
Collector - December 2017 - 30
Collector - December 2017 - 31
Collector - December 2017 - 32
Collector - December 2017 - 33
Collector - December 2017 - Calendar
Collector - December 2017 - Honor Roll
Collector - December 2017 - Collective Intelligence
Collector - December 2017 - 37
Collector - December 2017 - CFPB Issues Final Rule for Small Dollar Lending Market
Collector - December 2017 - 39
Collector - December 2017 - Ask the Experts: Training Advice
Collector - December 2017 - 41
Collector - December 2017 - Court Rules Voicemail is a “Communication" and Disclosing Name of Collection Agency Provides “Meaningful Disclosure” Under FDCPA
Collector - December 2017 - 43
Collector - December 2017 - Compliance
Collector - December 2017 - 45
Collector - December 2017 - ACA SearchPoint
Collector - December 2017 - 47
Collector - December 2017 - Last Word
Collector - December 2017 - Cover3
Collector - December 2017 - Cover4
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