Collector – October 2019 - 22

12%

In the first six months
of 2019, 5,592 ADA Title
III lawsuits were filed in
federal court, compared
to 4,965 filed in the
same period in 2018-
an increase of 12%.
Most of the cases were
filed in California.
Source: Seyfarth Shaw LLP

When it comes to debt collection,
consumers with disabilities need the
opportunity to communicate with
collectors and resolve their debts. For
collection agencies and collection
departments, accommodations may
be required to communicate with
consumers with disabilities by phone
and through their websites.
"Incorporate ADA compliance into
your compliance management system,"
urged John Bedard, managing attorney
with Bedard Law Group. "We have the
FDCPA, FCRA, TCPA, and all the state
laws-these things all need to be part of
our compliance management systems. I
encourage collection agencies to include
ADA compliance in their compliance
management system as well, so that the
ADA is also on their compliance radar."

COLLECTION CALLS
A 2013 settlement between the U.S.
Department of Justice and a Maryland
debt collection law firm shined a
light on the importance of ADA
compliance in the accounts receivable
management industry.
"The great thing to come out of
this case is the exhibit included with

22

the settlement order, which clearly
spells out exactly what a collector
should do regarding inbound phone
calls," Bedard said. "The work is
done for you. It tells collectors what
to do and how to be sensitive when
communicating with consumers with
disabilities by telephone."
Exhibit A of the settlement order
(viewable at www.ada.gov/peroutka_
sa.htm) is a policy for ensuring effective
communication with individuals with
disabilities. It addresses "auxiliary aids
and services" a collector may need to
make available, specifically including
accommodations for consumers with
hearing or speech impairments, which
are the most likely disabilities affecting
a collection call. Some of the steps
discussed in the policy include:
* Define a procedure to accept
requests for auxiliary aids and
services. Accept requests from
individuals with a disability or by
someone acting on their behalf.
Specify who should receive such
requests in advance, when possible,
but note that all requests need to be
handled promptly.
* Determine what accommodations
need to be provided. Consult with
the requesting individual to determine
what type of auxiliary aid is needed to
ensure effective communication.
* Respond to the request for
auxiliary aids or services.
Respond promptly to all requests
for auxiliary aids and services
to ensure that individuals with
disabilities have a full and equal
opportunity to access the company's
services. Do not request or require
documentation of a disability.
* Maintain records. Note the request
date; name of the individual making
the request and, if different, for
whom the request is made; auxiliary
aids and services requested; date
of response to the request; and
description and date of the auxiliary
aids and services provided.

ACAINTERNATIONAL.ORG


https://www.ada.gov/peroutka_sa.htm https://www.ada.gov/peroutka_sa.htm http://www.ACAINTERNATIONAL.ORG

Collector – October 2019

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

President’s Page
Industry News
Best Practices
FYI
Collection Tips
Accessibility From Every Angle
Information Transformation
Calendar
Honor Roll
Education Spotlight
Behind the Name
A.I. is Transforming Compliance. Are You Ready?
What to Watch in 2020
ACA’s Industry Advancement Program Provides Amicus Support in Key FDCPA Statute of Limitations Issue
ACA SearchPoint
Ad Index
Membership
Last Word
Collector – October 2019 - Cover1
Collector – October 2019 - Cover2
Collector – October 2019 - 1
Collector – October 2019 - 2
Collector – October 2019 - 3
Collector – October 2019 - 4
Collector – October 2019 - President’s Page
Collector – October 2019 - Industry News
Collector – October 2019 - 7
Collector – October 2019 - 8
Collector – October 2019 - 9
Collector – October 2019 - Best Practices
Collector – October 2019 - 11
Collector – October 2019 - FYI
Collector – October 2019 - 13
Collector – October 2019 - Collection Tips
Collector – October 2019 - 15
Collector – October 2019 - 16
Collector – October 2019 - 17
Collector – October 2019 - 18
Collector – October 2019 - 19
Collector – October 2019 - Accessibility From Every Angle
Collector – October 2019 - 21
Collector – October 2019 - 22
Collector – October 2019 - 23
Collector – October 2019 - Information Transformation
Collector – October 2019 - 25
Collector – October 2019 - 26
Collector – October 2019 - 27
Collector – October 2019 - 28
Collector – October 2019 - 29
Collector – October 2019 - Calendar
Collector – October 2019 - Honor Roll
Collector – October 2019 - Education Spotlight
Collector – October 2019 - 33
Collector – October 2019 - Behind the Name
Collector – October 2019 - 35
Collector – October 2019 - A.I. is Transforming Compliance. Are You Ready?
Collector – October 2019 - 37
Collector – October 2019 - What to Watch in 2020
Collector – October 2019 - 39
Collector – October 2019 - 40
Collector – October 2019 - 41
Collector – October 2019 - ACA’s Industry Advancement Program Provides Amicus Support in Key FDCPA Statute of Limitations Issue
Collector – October 2019 - 43
Collector – October 2019 - ACA SearchPoint
Collector – October 2019 - Ad Index
Collector – October 2019 - Membership
Collector – October 2019 - 47
Collector – October 2019 - Last Word
Collector – October 2019 - Cover3
Collector – October 2019 - Cover4
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