Collector – January 2020 - 52

The State of Reporting
Some states have credit reporting laws that are more restrictive than the FCRA.

A

side from the Fair Credit
Reporting Act-the federal
law governing credit reporting
practices-state laws can impose additional
restrictions on credit reporting. For
example, some state laws limit the type
of information that may be furnished,
require consumer notifications, or
restrict the reporting period. Furnishers
of information to consumer reporting
agencies (CRAs) should be aware of and
comply with any applicable state credit
reporting requirements.
Some state laws place restrictions on the
reporting of a particular type of debt. For
instance, California, Colorado, Minnesota,
Texas and Washington are all states that
place certain restrictions on credit reporting
medical debt. California prohibits hospitals
and their assignees from credit reporting
certain patients that lack coverage or have
high medical costs for nonpayment at any
time prior to 150 days after initial billing.
Colorado law prohibits data furnishers
from credit reporting medical debts that are
only partially paid by insurance, unless the
health care provider sends the consumer

52

a written notice that includes particular
information, as required by statute, to the
person responsible for the debt.
In Minnesota, some health care
providers signed a written agreement with
the Minnesota attorney general covering
issues associated with litigation practices,
garnishments, collection agencies and
billing the uninsured in relation to
attempts to collect medical debt. Texas
prohibits consumer reporting agencies
from furnishing consumer reports that
include debts owed for out-of-network
medical services. Washington requires
data furnishers to refrain from furnishing
information about medical accounts
until at least 180 days after the original
obligation was received by the licensee for
collection or by assignment.
State laws may require furnishers
to provide consumers with a notice
of furnishing negative information
disclosure prior to, or shortly after,
reporting adverse information to a CRA.
For instance, California and Utah require
creditors and debt collectors to send
consumers a written notice prior to or

within 30 days after furnishing negative
information concerning the consumer.
Further, state laws restrict when
information can be furnished to a CRA.
For instance, Colorado prohibits
"[c]ommunicating credit information to
a consumer reporting agency earlier than
thirty days after the initial notice to the
consumer has been mailed, unless the
consumer's last-known address is known
to be invalid."
These requirements demonstrate the need
for furnishers to review state-specific credit
reporting requirements to ensure compliance
with credit reporting expectations. For a
more in-depth look at state credit reporting
laws, ACA International members can
review ACA SearchPoint™ document #1255,
State Credit Reporting Laws.
Have you checked out ACA's member-only
SearchPoint library? ACA SearchPoint is filled
with documents that put important compliance
information related to the FDCPA, FCRA,
TCPA, state laws and many other topics at
your fingertips. To access ACA SearchPoint,
visit acainternational.org/searchpoint.

ACAINTERNATIONAL.ORG


http://www.acainternational.org/searchpoint http://www.ACAINTERNATIONAL.ORG

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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