Collector – January 2020 - 51

IAP

"reconsidering" the holding in Graziano v.
Harrison, which provides the opportunity
to get it right.
The result of this circuit split has
created a vexing situation for debt
collectors who collect within the 3rd
Circuit, because some district courts
within that circuit have found violations
of the FDCPA when debt collectors
have relied on the text of the FDCPA in
their collection notices or have included
invitations to call with questions, on the
pretext that such notices violate the 3rd
Circuit's precedent that all disputes must
be in writing.
Specific to Riccio, a New Jersey district
court dismissed a consumer's claim
that a debt collector violated Section
809 because the validation notice could
be construed to allow a consumer

dispute either by writing or calling the
debt collector. The notice in question
included the standard FDCPA validation
language, but also included three text
boxes instructing the consumer to
contact the debt collection by one of three
"convenience options," including by mail,
phone or online.
With support from ACA's Industry
Advancement Program, the debt collector
moved for judgment on the pleadings,
asserting that the letter provided the
required validation notice and would not
mislead or confuse the least sophisticated
consumer. The consumer appealed
to the 3rd Circuit and during oral
arguments, the court signaled an interest
in a rehearing en banc to reconsider
its previous stance on the "in writing"
controversy. Then on Oct. 8, 2019, the

The 3rd Circuit's
sua sponte order is
an incredibly rare
occurrence. Indeed, its
own local rules caution
that "en banc hearing or
rehearing of appeals is
not favored."

3rd Circuit issued its sua sponte (of its
own accord) order to do just that. The 3rd
Circuit has scheduled an en banc rehearing
on the matter for Feb. 19, 2020.
The 3rd Circuit's sua sponte order is an
incredibly rare occurrence. Indeed, its own
local rules caution that "en banc hearing or
rehearing of appeals is not favored."
ACA is pleased that the 3rd Circuit has
decided to review the reasoning of this
line of cases, as the industry greatly needs
clarity on this issue. For this reason, ACA's
Industry Advancement Program continues
to support its member during the en banc
rehearing process.
So, here's to a smarter new year, which
is ripe with opportunity for regulatory
agencies and courts to get it right. ACA
is committed to supporting its members
through endeavors imploring regulators,
lawmakers and courts to provide more
clarity and stability in the accounts
receivable management industry.
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/industryadvancement-program.
Kari Barber is ACA International's former
corporate counsel.

COLLECTOR 01.20

51


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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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