Collector - January 2018 - 46

IAP

Taking Litigation Advocacy to the Next Level
ACA is fighting in the courts on behalf of the credit and collection industry, and continues to obtain positive results
through its Industry Advancement Program.
By Karen Scheibe Eliason

A

CA International continued its
ongoing effort to strategically
take on important legal battles in
the courts for the purpose of protecting
the long-term viability of the credit and
collection industry by filing not one, but
two separate amicus (friend of the court)
briefs in federal Fair Debt Collection
Practices Act appellate proceedings Oct.
27, 2017.
Both of the appeals court cases involve
issues that suggest the real beneficiaries
are the consumer plaintiffs' attorneys who
recover a fee under the guise of enforcing
the FDCPA, but along the hyper-technical
margins of permissible collection activity.
However, instead of simply allowing the
collection industry to be burdened with
a continuing portfolio of litigation that
potentially raises the cost of credit for all
consumers, ACA is persistently fighting
in the courts on behalf of the industry
and obtaining positive results through its
Industry Advancement Program.
Not only has ACA already achieved
33 industry-favorable judicial decisions
(wins) to help its members by, in part,
drawing appellate court attention to
persuasive lower court opinions its
members successfully secured in other
cases, it is also taking its litigation
advocacy to the next level by conducting
independent research to provide
appellate courts with empirical-based
industry data and evidence supporting
the arguments ACA advances in its
amicus briefs.
In the case of Taylor, et al. v. Financial
Recovery Services, Inc., No. 17-1650 (2d
Cir.), the Second Circuit Court of Appeals is
poised to consider whether the lower court
erred when it ruled in favor of the collection
agency, holding that a debt collector is not

46

required to disclose that interest is not
accruing (where no interest is accruing).
The Second Circuit previously held in
Avila v. Riexinger & Assocs., LLC., 817 F.3d
72 (2d Cir. 2016), that a debt collector must
disclose in collection letters that interest is
accruing on an account. The Second Circuit
did not, however, state that a debt collector
must disclose in a collection letter-where
applicable-that interest is not accruing.
Given the hundreds of pending cases filed
against ACA members in federal courts
since the Avila ruling on this issue, ACA
submitted its "friend of the court" brief to
the Second Circuit, urging it to reject the
consumer attorney's thinly-veiled attempt to
mislead the court into extending the holding
in Avila by strategically misquoting it. ACA
argued in the alternative that the appellate
court should affirm the district court's
decision because doing so will help prevent

"ACA convincingly
bolstered its arguments
in the Evans amicus
brief by including
industry data and
empirical evidence it
obtained as a result
of the pilot study it
undertook."

IAP Supported 25 Cases

with Winning Decisions Positively Cited by Courts in

2,962

Other
Cases

ACAINTERNATIONAL.ORG


http://www.ACAINTERNATIONAL.ORG

Table of Contents for the Digital Edition of Collector - January 2018

From the Editor
Industry News
Best Practices
FYI
Perspective
Collection Tips
The Next Level
Getting Started
Small Perks, Big Differences
Calendar
Honor Roll
Staying Ahead of the Curve: Fall Forum Highlights
Missed Connections
A Seat at the Table
Taking Litigation Advocacy to the Next Level
Compliance
ACA SearchPoint
Last Word
Collector - January 2018 - Cover1
Collector - January 2018 - Cover2
Collector - January 2018 - 1
Collector - January 2018 - 2
Collector - January 2018 - 3
Collector - January 2018 - From the Editor
Collector - January 2018 - 5
Collector - January 2018 - Industry News
Collector - January 2018 - 7
Collector - January 2018 - 8
Collector - January 2018 - 9
Collector - January 2018 - Best Practices
Collector - January 2018 - 11
Collector - January 2018 - FYI
Collector - January 2018 - 13
Collector - January 2018 - Perspective
Collector - January 2018 - 15
Collector - January 2018 - Collection Tips
Collector - January 2018 - 17
Collector - January 2018 - The Next Level
Collector - January 2018 - 19
Collector - January 2018 - 20
Collector - January 2018 - 21
Collector - January 2018 - 22
Collector - January 2018 - 23
Collector - January 2018 - Getting Started
Collector - January 2018 - 25
Collector - January 2018 - 26
Collector - January 2018 - 27
Collector - January 2018 - 28
Collector - January 2018 - 29
Collector - January 2018 - Small Perks, Big Differences
Collector - January 2018 - 31
Collector - January 2018 - 32
Collector - January 2018 - 33
Collector - January 2018 - 34
Collector - January 2018 - 35
Collector - January 2018 - Calendar
Collector - January 2018 - Honor Roll
Collector - January 2018 - Staying Ahead of the Curve: Fall Forum Highlights
Collector - January 2018 - 39
Collector - January 2018 - Missed Connections
Collector - January 2018 - 41
Collector - January 2018 - 42
Collector - January 2018 - 43
Collector - January 2018 - A Seat at the Table
Collector - January 2018 - 45
Collector - January 2018 - Taking Litigation Advocacy to the Next Level
Collector - January 2018 - 47
Collector - January 2018 - Compliance
Collector - January 2018 - 49
Collector - January 2018 - ACA SearchPoint
Collector - January 2018 - Last Word
Collector - January 2018 - 52
Collector - January 2018 - Cover3
Collector - January 2018 - Cover4
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