Collector - December 2017 - 18

TWO BIG HIGHLIGHTS FROM
ACA'S LITIGATION ADVOCACY IN 2017
This summer, the U.S. Supreme Court handed down two
industry-favorable rulings in cases supported by ACA.
In Midland Funding, LLC v. Johnson, the high court reversed
an 11th Circuit Court of Appeals decision, concluding that filing
a proof of claim on an out-of-statute debt does not violate the
Fair Debt Collection Practices Act.
In Henson v. Santander Consumer USA Inc., the court ruled that
the FDCPA does not apply to those who purchase debts from
others and then try to collect them.
In both cases, ACA submitted friend of the court briefs to the
Supreme Court, convincingly arguing in favor of the collection
industry. Amicus briefs allow ACA, as an interested outsider,
to become involved in litigation it is not directly connected to
and could not otherwise offer input on.

on three core areas of dispute concerning the
definition of an "automatic telephone dialing
system," the identity of the "called party"
in the reassigned number context, and the
means by which consent can be revoked.
A ruling from the D.C. Circuit Court
of Appeals still had not occurred before
Collector magazine went to press, but
there are several possible outcomes for
the case, including that the definition
may be referred back to the FCC for
additional review.
"The court may rule that [the] TCPA
does not apply to manually dialed calls,
even when placed by equipment that could
be used to autodial," Scheibe Eliason said.
"TCPA liability may attach only to calls that
are in fact, automatically dialed."

ACA SUPPORTS PETITION FOR
RECONSIDERATION OF FEDERAL
GOVERNMENT DEBT COLLECTION
FINAL RULES
In February, ACA submitted comments
supporting a petition filed by a group
of student loan servicers and related
organizations urging the FCC to reconsider
the overly broad and restrictive final rules
implementing the federal government debt
collection exemption created by Congress
in the Bipartisan Budget Act of 2015.

18

Last year, the FCC adopted final rules to
implement an amendment in the Bipartisan
Budget Act of 2015 that exempts autodialed
calls "made solely to collect a debt owed to
or guaranteed by the United States" from the
TCPA's prior express consent requirement.
Although there was significant opposition
to the FCC's related proposed rules-
including by ACA-the final rules largely
mirrored the agency's original draconian
proposals, severely undercutting the ability
of federal government debt collectors to rely
on the new exemption.
In response, a group of student loan
services and organizations-including Great
Lakes Higher Education Corp., Navient
Corp., Nelnet Inc., the Pennsylvania Higher
Education Assistance Agency and the Student
Loan Servicing Alliance-filed a petition
asking the FCC to reconsider these final rules.
In the comments, ACA agreed with
the petitioners that the FCC's final rules
are contrary to congressional intent,
unsupported by the plain language of the
statute and disconnected from the clear
record in the proceeding. As a result, ACA
offered support for several revisions to the
final rules including, for example, that the
three-call-attempts-per-30-days frequency
limitation should be increased and should
only include connected calls.

ACA COMMENTS ON FCC'S NOTICE
OF INQUIRY ON REASSIGNED
NUMBERS
On Aug. 28, ACA submitted comments in
response to a Notice of Inquiry (NOI) from
the FCC related to the establishment of a
reassigned number database.
In the NOI, the FCC explores the idea of a
potential reassigned number database so that
callers would be able to determine if a phone
number for which consent had been granted
has been subsequently reassigned before
initiating a call to that number.
In its comments, ACA noted that while
such a database could be useful in some
respects, it isn't the best or most appropriate
shield to protect businesses from the unfair
and potentially ruinous TCPA liability that
can come along with inadvertently dialing a
reassigned number.
In addition, ACA believes such a
database will impose enormous burdens
on legitimate businesses while illegal
robocallers will continue their harmful
activities, thereby resulting in heavy
compliance costs for likely little benefit.
ACA urged the FCC to focus its efforts
on addressing underlying TCPA definitional
issues that have opened legitimate businesses
up to potential catastrophic liability and
hindered beneficial communications between
businesses and consumers before attempting
to create a complicated and costly database.

ACA PUBLISHES WHITE PAPER
ON TCPA'S ANTIQUATED
UNDERSTANDING OF TECHNOLOGY
In May, ACA released a white paper,
Unintended Consequences of an Outdated
Statute: How the TCPA Fails to Keep
Pace with Shifting Consumer Trends,
which examines how the TCPA's
antiquated understanding of technology
results in some consumers receiving a
disproportionate number of telephone
calls while others are almost entirely
excluded from receiving legitimate
business communications.
Data from the National Center for Health
Statistics indicated that as of December
2016, a majority of American homes were

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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