Keeping you informed about the work that is taking place on your behalf and reminding you of important news and updates.

Federal Activity

DBA’s federal activity this past month have been centered around the SBREFA hearings related to the CFPB debt collection rulemaking process. DBA International had three member panelists who did an excellent job representing the industry. In advance of the hearings, they participated in CFPB led calls and worked with DBA in developing responses to the focus areas the hearing would address.  Following the hearing on August 25, the panelists had two weeks to submit their written responses. Working closely with DBA, the responses were drafted and submitted on Friday, September 9, 2016.

The US Congress came back into session the beginning of September after their summer break. DBA International will be working with several key member of Congress on introduction of a potential piece of legislation as well as with Congresswoman Love (R-Utah) on her legislation.

State Legislative Activity

  • Legislatures in Session (active): 2
  • Tracked Bills in Active Status: 1 out of 110
  • DBA Retained Lobbyists: 6 (CA, CT, MD, MA, NY & RI)
  • Active Negotiations: 0

Noteworthy Bills of Continuing Concern/Interest:

District of Columbia Bill # 190 –  Amends the District of Columbia’s Debt Collect Law to: (1) expand the definition of debt collector to include debt buyers; (2) require specific data and documents concerning the debt to be in the possession of the debt collector; (3) limit the frequency of consumer contact using a reasonableness standard; (4) require pre-charge-off itemization of interest and fees; (5) prohibit bringing suit when the debt is beyond the statute of limitations and reviving the statute through payment; and (6) remove “willful” from intent for purposes of determining if a violation occurred. In addition, the following provisions in the bill would only apply to debt buyers: (1) expunges the debt after the statute of limitations expires; (2) requires 11 months of account statements; (3) requires a consumer notice detailing the consumer’s right to obtain copies of all the data and documents required by the act; (4) requires a copy of any payment schedule or settlement agreement to be provided to the consumer within 15 days; (5) when bringing suit, requires all of the data and documents to be attached to the complaint; (6) requires authenticated business records; (7) makes debt buyers liable for actual damages, attorney’s fees, punitive damages, and an “additional penalty” of between $500 and $4,000 per violation of the act (including for minor clerical errors); and (8) indicates that any violation of the act by a debt buyer is an automatic ban on future collection activity on the account by anyone.

Public Hearing
The Massachusetts Division of Banks and the Massachusetts Office of the Attorney General have scheduled a joint hearing on September 22, 2016 in Boston to seek input on the current state of debt collection and debt collection regulation within the Bay State. DBA International has set up in-person meetings with both offices prior and is planning to testify.

STATE ATTORNEY GENERAL UPDATE
DBA International is scheduling meetings this fall with the consumer protection staff of the Colorado and Nevada Attorney General offices. This is part of our ongoing attorney general initiative to provide educational resources to the staff on the debt buying industry, discuss the benefits of DBA Certification, and identify the types of collection-related complaints AG offices are receiving.

Court Decisions

The following are several noteworthy court decisions recently handed down that may impact DBA members:

4th Circuit Joins Majority of Other Circuits Finding No FDCPA Liability for ‘Time-Barred’ Claims
Dubois v. Atlas Acquisitions LLC, United States Court of Appeals, Fourth Circuit, Nos. 15‐1945 (August 25, 2016)

In a split decision, the U.S. Court of Appeals for the Fourth Circuit recently held that “filing a proof of claim in a Chapter 13 bankruptcy based on a debt that is time-barred does not violate the Fair Debt Collection Practices Act when the statute of limitations does not extinguish the debt.”

Mass. Call Count Cap Violated by Debt Collector Not Leaving Voicemail Message
Watkins v. Glenn Associates, Inc., Mass. Superior Court, Middlesex County, Docket No. 15-CV-3302-H (June 10, 2016)

A Massachusetts Superior Court recently held that reaching a debtor’s voicemail, but choosing to not leave a message, is a “communication” under the Massachusetts Debt Collection Regulations, 940 Code Mass. Regs. § 704(1)(f).

ND Calif. Holds Alleged ‘Invasion of Privacy’ Sufficient for TCPA Standing
Cour v. Life360, Inc. United States District Court for the Northern District of California, No. 16-cv-00805-TEH  (July 28, 2016)

Article III standing to assert a claim under the federal Telephone Consumer Protection Act (TCPA) exists where a plaintiff alleges an invasion of privacy according to a federal court sitting in the Northern District of California.

9th Cir. Rejects FDCPA Claim for Failure to Disclose ‘Debt Collector’ Status in Follow Up Communications
Davis v. Hollins Law, United States Court of Appeals, Ninth Circuit, No. 14-16437 (August 8, 2016)

The U.S. Court of Appeals for the Ninth Circuit recently held that the federal Fair Debt Collection Practices Act (FDCPA) is not violated if a subsequent communication is sufficient to disclose to the least sophisticated debtor that the communication was from a debt collector, even without expressly stating “this communication is from a debt collector.” In reaching the conclusion, the Court gave weight to the prior, extensive communication between the debtor and debt collector.

D.C. Symposium

LAST CHANCE TO REGISTER
DC Symposium: Debt Buying Inside the Beltway – September 20-21, 2016

DBA International presents its first DC Symposium, hosted in the nation’s capital, this two-day education and networking program provides attendees with the unique opportunity to meet former members of Congress and federal regulators to discuss important issues impacting the industry today. Attendees will also participate in a two-hour workshop on buying debt from the FDIC and earn 7.5 continuing education credits towards certification. You don’t want to miss this unique opportunity!

20th Anniversary Conference

Join us to “Celebrate 20 Years of Connections” at the anniversary conference, February 7-9, 2017 in Las Vegas. DBA International is certain to provide the latest information on the industry’s hottest issues. Prime exhibit space and sponsorship opportunities remain available, contact DBA Events Manager Sylvia Done at (916) 482-2462 to secure your preference.

Education

DBA offers a robust lineup of educational programs for professional development and credits towards your individual Certified Receivables Compliance Professional (CRCP) designation.

Recorded Webinars: All live webinars are recorded and available on our website 24/7.

Certification

Members who are working towards their individual certification to meet the March 2017 deadline can earn up to 7.5 credits towards certification at DBA’s 2016 DC SYMPOSIUM: DEBT BUYING INSIDE THE BELTWAY.

Certification Help:  Contact Michelle Wren at (916) 482-2462 or [email protected].

CONGRATULATIONS
Congratulations to our newly certified companies and individuals!

Companies
Mid Atlantic Portfolios, LLC
NMRC (National Management Recovery Corp)
Steel Tower Holdings LLC dba Atlantic Recovery Solutions, LLC

Individuals
Daniel Mezzancello, Resurgent Capital Services
Kimberly Allbaugh, Boone Account Recovery
Jonathan Gluckner, Sr., The Cadle Company
Todd Gurstel, T&I Enterprises, LLC
Lily Wood, InvestiNet, LLC

View all certified companies and certified individuals on our website.

New Members

(since September 9, 2016)
The DBA International membership continues to grow. Welcome to our newest member:

  • Allen & Durrant Corp. – California
  • Intellaegis – California

Read more about these members and other members on the Member Search page.

Upcoming Industry Events

DBA International works to open new markets and promote the industry at various conferences and events (look for us at these events).

DATE EVENT/LOCATION

Sep. 14-15       UK Credit & Collections Conference; London
  DBA on a panel and meetings with UK trade associations

Sep. 20-21       DBA International D.C. Symposium
.
Oct 5-7            LEND360; Chicago, IL
                      DBA participating on a panel

Nov. 1-3           NABD Eastern Region Conference; Orlando
                      DBA on a panel and in the tradeshow

CCO Webinar Series

2016 Legislative Fund Contributors

Thank you 2016 Legislative Fund contributors. Your support allows us to influence threatening legislation, while also promoting and preserving the best interests of RMA members. Make your contribution today!

Titanium ($15,000)
Calvary Investments

Silver ($5,000)
Javlin Capital
Second Round
U.S. Equities Corp

Bronze ($2,500)
Digital Recognition Network

Brass ($1,000)
Barnes Financial Services
Empire Capital Funding Group
Halsted Financial Services

Other Contributors
Alliant Capital Management
American Lawyers Company
Balbec Capital
Blitt and Gaines
Boone Account Recovery Corp.
ComplyARM
Crosby Capital
Debt Control Agency, Inc. (DCA)
Dynamic Recovery Solutions
Federal Pacific Credit Company
FocuseData, Inc.
Fort Crook Financial
Michael Haynes & Associates
Moss Adams
Premier Forty Financial
Rodriguez Fernandez Law Office
WebRecon