Collector – January 2020 - 50

IAP

Another Look at Written Disputes
The 3rd Circuit will reconsider the controlling precedent of the Graziano decision.
By Kari Barber

W

e saw a lot of surprises in 2019,
including the release (finally)
of the Consumer Financial
Protection Bureau's proposed rules for
debt collection followed by the decision
from the U.S. Supreme Court to grant a
petition asking the high court to review
the constitutionality of the CFPB's singledirector structure.
But perhaps the biggest surprise came
from the U.S. Court of Appeals for the
3rd Circuit. At the tail end of 2019, and
on its own volition, the 3rd Circuit issued

50

an order for rehearing en banc in the
Riccio v. Sentry Credit, Inc. case. And the
court very well may have tipped its hand
by including the following language in its
order: "A majority of the active judges ...
have determined that the [Riccio] case is
controlled by a prior decision of the court
which warrants reconsideration."
As ACA International members may
recall, the 3rd Circuit has long held the
opinion that all disputes under the Fair
Debt Collection Practices Act must be
submitted in writing to be effective; a

position that has been rejected by three
other circuit courts and by many district
courts throughout the nation.
This circuit split resulted from the 3rd
Circuit's decision in Graziano v. Harrison,
where the court held that "given the
entire structure of [Section 809 of the
FDCPA], subsection 809(a)(3) [of the
validation notice] must be read to require
that a dispute, to be effective, must be in
writing." Notably, Section 809(a)(3) of
the FDCPA does not include a writing
requirement. Now, the 3rd Circuit will be

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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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