Collector – June 2019 - 47

IAP

ACA is delighted that
the Sivongxay decision
raises the industryfavorable decisions
ACA has helped to
achieve for members
through the Industry
Advancement Program
to 48 in five years.

with her creditor-service providers either
did not provide for any fixed rate of interest
or provided an interest rate greater than the
rate set forth in state statute. The consumer
argued that because her original creditors
did not pursue interest on her debts, and
because the agency had no independent
right to interest, the agency's assessment
of interest at 10 percent per year was a
collection fee that violated the FDCPA.
On appeal, the Ninth Circuit agreed with
the district court's decision that because the
underlying creditor agreements providing
for interest either did not specify a fixed
rate of interest or provided for a higher
rate, the agency did not violate federal
or state law when it applied interest at
the rate provided under state statute. In
ruling in favor for the agency, the appellate

court positively cited another case ACA
International supported through the
Industry Advancement Program, Diaz v.
Kubler Corp., 785 F.3d 1326 (9th Cir.2015),
for the proposition that a "debt collector
need not be 'entitled by judgment to a
type of relief in order for that relief to be
"permitted by law" within the meaning of
15 U.S.C. § 1692f(1).'"
The Ninth Circuit also affirmed in
Sivongxay the district court's decision
that the agency did not "engage in false
or deceptive debt collection practices
by attempting to collect interest on [the
consumer's] debts but reporting only the
principal amounts owed to consumer
reporting agenc[ies]." Similarly, the appellate
court determined that the agency was
not liable under the FDCPA for allegedly
misleading the consumer when it sent her
a demand letter seeking to collect both
principal and interest, which did not "exactly
match an independent consumer credit
reporting agency's report of the debt" that
showed the agency's "accurate reporting of
the principal amount due."
ACA is encouraged this important
decision will positively impact its
members' ability to continue to seek and
collect payment of interest to which they
are entitled. And ACA is delighted that
the Sivongxay decision raises the industryfavorable decisions (wins) ACA has helped
to achieve for its members through the
Industry Advancement Program to 48 in
five years.
ACA's efforts to proactively support the
accounts receivable management industry
are part of the association's Industry
Advancement Program, and are made
possible by funding through ACA's Industry
Advancement Fund. 
If you want to read more about the most
recent significant judicial decisions involving
the accounts receivable management
industry, ACA members can always find
concise case summaries at acainternational.
org/industry-advancement-program.
Karen Scheibe Eliason is ACA International's
vice president and senior counsel.

COLLECTOR 06.19

47


https://www.acainternational.org/industry-advancement-program https://www.acainternational.org/industry-advancement-program https://webrecon.com/

Collector – June 2019

Table of Contents for the Digital Edition of Collector – June 2019

President’s Page
Industry News
Best Practices
FYI
Collection Tips
Adapting to a New Environment
“Today agencies realize this is an opportunity to help the consumer.”
ACA International’s 2019 Convention & Expo
Close the Revolving Door
Calendar
Honor Roll
Education Spotlight
Ask the Experts: Small Talk
Growing into the Industry
Exploring STIR/SHAKEN
CFPB Releases Proposed Debt Collection Rule
Industry Advancement Program Helps Member Defeat FDCPA Claim in Ninth Circuit
ACA SearchPoint
Ad Index
Membership
Last Word
Collector – June 2019 - Cover1
Collector – June 2019 - Cover2
Collector – June 2019 - 1
Collector – June 2019 - 2
Collector – June 2019 - 3
Collector – June 2019 - Industry News
Collector – June 2019 - President’s Page
Collector – June 2019 - 6
Collector – June 2019 - 7
Collector – June 2019 - 8
Collector – June 2019 - 9
Collector – June 2019 - Best Practices
Collector – June 2019 - 11
Collector – June 2019 - FYI
Collector – June 2019 - 13
Collector – June 2019 - 14
Collector – June 2019 - 15
Collector – June 2019 - Collection Tips
Collector – June 2019 - 17
Collector – June 2019 - Adapting to a New Environment
Collector – June 2019 - 19
Collector – June 2019 - 20
Collector – June 2019 - 21
Collector – June 2019 - Close the Revolving Door
Collector – June 2019 - “Today agencies realize this is an opportunity to help the consumer.”
Collector – June 2019 - ACA International’s 2019 Convention & Expo
Collector – June 2019 - 25
Collector – June 2019 - 26
Collector – June 2019 - 27
Collector – June 2019 - 28
Collector – June 2019 - 29
Collector – June 2019 - 30
Collector – June 2019 - 31
Collector – June 2019 - 32
Collector – June 2019 - 33
Collector – June 2019 - Calendar
Collector – June 2019 - Honor Roll
Collector – June 2019 - Education Spotlight
Collector – June 2019 - 37
Collector – June 2019 - Ask the Experts: Small Talk
Collector – June 2019 - 39
Collector – June 2019 - Growing into the Industry
Collector – June 2019 - 41
Collector – June 2019 - Exploring STIR/SHAKEN
Collector – June 2019 - 43
Collector – June 2019 - CFPB Releases Proposed Debt Collection Rule
Collector – June 2019 - 45
Collector – June 2019 - Industry Advancement Program Helps Member Defeat FDCPA Claim in Ninth Circuit
Collector – June 2019 - 47
Collector – June 2019 - ACA SearchPoint
Collector – June 2019 - Ad Index
Collector – June 2019 - Membership
Collector – June 2019 - 51
Collector – June 2019 - Last Word
Collector – June 2019 - Cover3
Collector – June 2019 - Cover4
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