Collector – August 2019 - 47

IAP

Avila v. Reliant Capital Solutions, Inc.
(2d Cir. June 4, 2019)
The Second Circuit Court of Appeals ruled
in favor of the ACA member agency after
it considered whether a debt collector who
uses the safe harbor language adopted by
the Second Circuit in Avila v. Riexinger &
Assoc. is entitled to safe harbor protection
from liability under the FDCPA, where it
is alleged that the consumer's debt may
vary due to accruing interest but not due to
future late charges or other charges.
Affirming the district court's dismissal of
the consumer's FDCPA claim, the appellate
court found that the agency's letter was

not inaccurate in stating that "late charges
and other charges" were possible because
(as the consumer's attorney conceded) late
charges could be imposed on the consumer's
debt if it was reinstated from default and
acceleration status.
Smith v. Simms Associates, Inc.
(7th Cir. June 6, 2019)
Affirming the lower court's decision in
favor of the ACA member agency, the
Seventh Circuit Court of Appeals ruled that
a debt collector does not violate the FDCPA
when it sends its initial communication
letter to a consumer identifying "the

name of the creditor to whom the debt
is owed" (Comenity Capital Bank) while
also referencing the creditor's trade name
(PayPal Credit). The appellate court found
that "[t]he letter provides a whole picture of
the debt for the consumer, identifying the
creditor to whom the debt is owed as well as
the commercial name the consumer is more
likely to recognize. This provides clarity for
consumers; it is not abusive or unfair and
does not violate [Section] 1692g(a)(2)."
ACA is delighted by the courts' rulings
in these cases, which raises the industryfavorable decisions (wins) ACA has helped
achieve for its members through the
Industry Advancement Program to a total of
51 in just over five years.
ACA is likewise proud of the effort put
forth by its members in these lawsuits.
Because of their vigorous defense, the
accounts receivable management industry
will be able to successfully defeat similar
types of cases at the trial level, which
means demands and filings of complaints
alleging the theories at issue in these cases
will diminish. Had the collection agencies
initially settled these cases, such settlements
would have only encouraged many more
similar cases to proceed to litigation.
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 credit and collection industry, ACA
members can always find concise case
summaries at acainternational.org/
industry-advancement-program.
Karen Scheibe Eliason is the former vice
president and senior counsel for ACA
International. She currently serves as chief
compliance officer and legal counsel for
Wakefield & Associates Inc.

COLLECTOR 08.19

47

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

Collector – August 2019

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

President’s Page
Industry News
Best Practices
FYI
Collection Tips
How a background in making people laugh has helped Roger Weiss, ACA’s new president, educate and engage an industry.
No Good Option
“You’ve got to be a compliance cheerleader for the organization, and that takes a lot of energy.”
Protecting Health Care Data
Calendar
Honor Roll
Education Spotlight
ACA SearchPoint
Ad Index
Membership
Last Word
Collector – August 2019 - Cover1
Collector – August 2019 - Cover2
Collector – August 2019 - 1
Collector – August 2019 - 2
Collector – August 2019 - 3
Collector – August 2019 - 4
Collector – August 2019 - President’s Page
Collector – August 2019 - Industry News
Collector – August 2019 - 7
Collector – August 2019 - 8
Collector – August 2019 - 9
Collector – August 2019 - Best Practices
Collector – August 2019 - 11
Collector – August 2019 - FYI
Collector – August 2019 - 13
Collector – August 2019 - Collection Tips
Collector – August 2019 - 15
Collector – August 2019 - How a background in making people laugh has helped Roger Weiss, ACA’s new president, educate and engage an industry.
Collector – August 2019 - 17
Collector – August 2019 - 18
Collector – August 2019 - 19
Collector – August 2019 - 20
Collector – August 2019 - 21
Collector – August 2019 - 22
Collector – August 2019 - 23
Collector – August 2019 - No Good Option
Collector – August 2019 - 25
Collector – August 2019 - 26
Collector – August 2019 - “You’ve got to be a compliance cheerleader for the organization, and that takes a lot of energy.”
Collector – August 2019 - 28
Collector – August 2019 - 29
Collector – August 2019 - Protecting Health Care Data
Collector – August 2019 - 31
Collector – August 2019 - 32
Collector – August 2019 - 33
Collector – August 2019 - Calendar
Collector – August 2019 - Honor Roll
Collector – August 2019 - Education Spotlight
Collector – August 2019 - 37
Collector – August 2019 - 38
Collector – August 2019 - 39
Collector – August 2019 - 40
Collector – August 2019 - 41
Collector – August 2019 - 42
Collector – August 2019 - 43
Collector – August 2019 - 44
Collector – August 2019 - 45
Collector – August 2019 - 46
Collector – August 2019 - 47
Collector – August 2019 - ACA SearchPoint
Collector – August 2019 - Ad Index
Collector – August 2019 - Membership
Collector – August 2019 - 51
Collector – August 2019 - Last Word
Collector – August 2019 - Cover3
Collector – August 2019 - Cover4
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