Collector – January 2020 - 30

Previously passed privacy laws have been
going into effect, highlighting the need for
businesses that handle personal data to
regularly review and update their datahandling policies and procedures.
The California Consumer Privacy Act
(CCPA), which took effect Jan. 1, 2020,
requires companies meeting certain
requirements that do business in California
to inform consumers what personal data
they possess, why they have it and whether
they share it with third parties, upon
request. Under the CCPA, consumers
have the right to request deletion of their
personal data and to specify that their data
not be sold.
New York's Stop Hacks and Improve
Electronic Data Security (SHIELD) Act,
which went into effect in 2019, broadened the
scope of private information that triggers a
data breach notification. It also expanded the
range of activities that may be considered data
breaches to include access by unauthorized
individuals, among other requirements.
As the patchwork of various state
privacy laws becomes more complex,
documenting and consistently testing
data handling procedures should be part
of every accounts receivable management
company's compliance practices. Businesses
need to ensure they can properly respond
to consumer requests under laws like the
CCPA to prevent data breaches to their
fullest ability and respond appropriately
should a breach occur.

MEDICAL DEBT COLLECTION
With medical debt occupying a significant
portion of most agencies' work, health care
legislation is always a hot topic for ACA
International members.
In Washington last year, Gov. Jay Inslee
signed H.B. 1531 into law. It became
effective July 28, 2019, and prohibits health
care providers from selling or assigning
medical debt to a collection agency until
at least 120 days after the initial billing
statement has been sent to the patient or
other responsible party.
It also amended the prohibited practices
section of the Collection Agency Act to

30

prohibit the following practices with respect
to medical debt:
* Failure to include with the first written
notice to the debtor a statement
that informs the debtor of his or her
right to request the original account
number, the date of the last payment
and an itemized statement.
* Failure to provide, upon request of
the debtor for more information, an
itemized statement, and failure to
cease collection efforts unless and until
it is provided, with some exceptions.
* Reporting adverse information to
consumer credit reporting agencies
or credit bureaus until at least 180
days after the original obligation was
received by the licensee for collection
or by assignment; and, if the claim
involves hospital debt, failure to
include certain information regarding
charity care or collection during the
pendency of an application for charity
care about which the licensee has
received notice.
Agencies collecting medical debt in
Washington should review the law's
itemization requirements and update their
policies and procedures regarding what
triggers a request.
Soaring medical costs and a related lack
of transparency have spurred legislation in
several states. According to the Kaiser Family
Foundation, 67% of Americans worry about
their ability to afford unexpected medical
bills. These concerns have become a popular
campaign platform for politicians seeking
office, so it's no surprise bills regarding
health care payment issues have been moving
through state legislatures.
More than two dozen states have
implemented some form of law aimed at
protecting patients from surprise out-ofnetwork bills, and the trend shows no signs
of letting up.
For example, Texas Gov. Greg Abbott
signed bipartisan bill S.B. 1264 in June
2019. Essentially, when a medical provider
and insurer disagree over the price of a
service covered by a state-regulated health
plan, the law requires them to work it out

without involving the patient, reducing
surprise medical charges. The law's
implementation date was Jan. 1, 2020.
Federally regulated plans are exempt
from these laws unless Congress chooses to
enact similar federal legislation.

STUDENT LOAN LICENSING
Some legislatures have acted to regulate
student loan servicers at the state level,
despite concerns that such practices may
conflict with federal law. The latest is
Colorado, where the Colorado Student Loan
Servicers Act took effect in August 2019.
The new law requires servicers of student
loans owed by Colorado citizens to be
licensed by Colorado's Uniform Credit
Code administrator by Jan. 31, 2020.
Collection agencies that collect on both
current and defaulted loans must obtain
a license from the state and are subject
to its provisions and penalties. The new
law considers a federal loan in default if
no payment has been made for 270 days
or more. However, a private student loan
is deemed to be in default based on the
terms of the loan. Collection agencies that
only collect on defaulted student loans are
exempt from the act.
The Colorado law required servicers
to keep records of student loan payments
and prohibits servicers from: defrauding
or misleading borrowers; misapplying
payments; providing inaccurate
information to credit reporting agencies;
and failing to assess a borrower for an
income-based repayment plan, if available.
Other states that have enacted student
loan servicer licensing requirements
include California, Connecticut, Illinois,
New Jersey, New York, Washington and the
District of Columbia.

WAGE GARNISHMENT
A useful and necessary tool after a
favorable court judgment, garnishment
helps ensure collectors and creditors
receive the money they are owed.
Legislatures have increasingly taken up
legislation aimed at balancing the ability
for businesses to garnish wages with the

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Collector – January 2020

Table of Contents for the Digital Edition of Collector – January 2020

Upfront
Industry News
Best Practices
FYI
Collection Tips
Radical Redesigns
Four State Legislative Trends to Watch
Calendar
Honor Roll
Education Spotlight
Our International Reach
Tech Times are Changing
Exceptional Programming and Speakers Pay Off
Looking Forward to Monday Morning
Contextualizing Consumer Complaints
Another Look at Written Disputes
ACA SearchPoint
Ad Index
Membership
Last Word
Collector – January 2020 - Cover1
Collector – January 2020 - Cover2
Collector – January 2020 - 1
Collector – January 2020 - 2
Collector – January 2020 - 3
Collector – January 2020 - Upfront
Collector – January 2020 - 5
Collector – January 2020 - Industry News
Collector – January 2020 - 7
Collector – January 2020 - 8
Collector – January 2020 - 9
Collector – January 2020 - 10
Collector – January 2020 - 11
Collector – January 2020 - Best Practices
Collector – January 2020 - 13
Collector – January 2020 - FYI
Collector – January 2020 - 15
Collector – January 2020 - Collection Tips
Collector – January 2020 - 17
Collector – January 2020 - 18
Collector – January 2020 - 19
Collector – January 2020 - 20
Collector – January 2020 - 21
Collector – January 2020 - 22
Collector – January 2020 - 23
Collector – January 2020 - Radical Redesigns
Collector – January 2020 - 25
Collector – January 2020 - 26
Collector – January 2020 - 27
Collector – January 2020 - Four State Legislative Trends to Watch
Collector – January 2020 - 29
Collector – January 2020 - 30
Collector – January 2020 - 31
Collector – January 2020 - Calendar
Collector – January 2020 - Honor Roll
Collector – January 2020 - Education Spotlight
Collector – January 2020 - 35
Collector – January 2020 - Our International Reach
Collector – January 2020 - 37
Collector – January 2020 - Tech Times are Changing
Collector – January 2020 - 39
Collector – January 2020 - 40
Collector – January 2020 - 41
Collector – January 2020 - Exceptional Programming and Speakers Pay Off
Collector – January 2020 - 43
Collector – January 2020 - 44
Collector – January 2020 - Looking Forward to Monday Morning
Collector – January 2020 - Contextualizing Consumer Complaints
Collector – January 2020 - 47
Collector – January 2020 - 48
Collector – January 2020 - 49
Collector – January 2020 - Another Look at Written Disputes
Collector – January 2020 - 51
Collector – January 2020 - ACA SearchPoint
Collector – January 2020 - Ad Index
Collector – January 2020 - Membership
Collector – January 2020 - 55
Collector – January 2020 - Last Word
Collector – January 2020 - Cover3
Collector – January 2020 - Cover4
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