Keeping you informed about the work that is taking place on your behalf and reminding you of important news and updates.
Federal Activity
We are all watching to see who President-Elect Trump will appoint to the various cabinet positions and anticipating the effect these appointments will have on the receivables management industry. In the meantime, the CFPB issued two reports this month. The first is the Fall 2016 rulemaking agenda which outlines the Bureau’s agenda regarding the debt collection rulemaking timeline. Since their last update earlier this year, nothing has changed except for the information on the SBREFA hearing held in October. We are hearing that the CFPB will hold a first-party SBREFA hearing in the first half of 2017. The second report is the CFPB Ombudsman’s Office 2016 Annual Report which reviews the Ombudsman’s 2016 activities. The Ombudsman Office spoke at the DBA 2016 Executive Summit.
The Federal Legislative and Regulatory Committee continues its work in developing priorities for 2017, including continued engagement with the CFPB related to consumer concerns and strategies on Hill to promote the industry.
State Legislative Activity
- Legislatures in Session (active): 3
- Tracked Bills in Active Status: 0 out of 110
- DBA Retained Lobbyists: 7 (CA, CT, DC, MD, MA, NY & RI)
- Active Negotiations: 0
Noteworthy Bill of Concern:
Oregon LC 2506 (for 2017 session – not published yet) – Requires debt buying companies to: (1) register with Department of Consumer and Business Services to engage in business; (2) give notice to debtor if debt buyer brings legal action to collect debt and to submit certain filings to court; (3) establish and maintain certain practices to ensure that debt buyer complies with applicable law; and (4) maintain errors and omissions insurance policy.
State Attorney General Update:
In December, DBA International met with the Colorado Attorney General’s consumer protection staff and the Colorado Department of Regulatory Agencies (DORA) to discuss: (1) DORA’s recent report to the AG and Legislature that recommended adding debt buyer requirements to the Colorado FDCPA, (2) the consumer benefits associated with DBA Certification standards, and (3) the types of collection-related complaints they are receiving.
Court Decisions
The following are several noteworthy court decisions recently handed down that may impact DBA members:
Offer of Judgment Moots TCPA Claim Rules 2nd Circuit
Bank v. Alliance Health Networks, LLC, United States Court of Appeals, Second Circuit, No. 15-cv-4037 (Oct. 20, 2016)
Todd Bank (a repeat, pro se, litigant), filed suit alleging the defendant violated the federal Telephone Consumer Protection Act. Bank also requested class certification. Using Rule 68 of the Federal Rules of Civil Procedure, the defendant offered to allow Bank to take judgment against it for $5,004 for two unsolicited telephone calls. When Bank did not accept the offer, the defendant moved to dismiss the case. The trial court ordered the clerk to enter judgment for Bank for $5,004 and dismissed the case, finding the offer provided Bank with all the relief he could be entitled to under his lawsuit. The Second Circuit affirmed the dismissal.
Timely Proof of Claim Required to Participate in Ch. 13 Bankruptcy Case, Even When Debtor Schedules Debt
Barker v. Spokane Law Enforcement F.C.U., United States Court of Appeals, Ninth Circuit, No. 14-60028 (October 27, 2016)
Even though a debtor’s Chapter 13 petition scheduled three debts owing to the defendant-creditor, the defendant-creditor was not excused from the “rigid” rule requiring it to timely filing its proofs of claim to allow it to participate in a Chapter 13 plan. Although the defendant-creditor ultimately did file proofs of claim, they were late, so the bankruptcy court did not err when it disallowed the claims.
20th Anniversary Conference
Celebrate 20 Years of Connections at DBA’s Anniversary Conference – February 7 – 9, 2017. Two decades after inception, this conference remains the premier event of our industry. The dynamic speaker lineup provides the latest information on the industry’s hottest issues.
- There’s something for everyone, from newbie to veteran, during Tuesday’s extra sessions that are INCLUDED at no extra charge with your registration.
- Choose from 25 different education and networking opportunities over the course of the program. Click here to see the most current agenda.
- Make new connections at the Attorney/Collection Agency Networking Session with Debt Buyers.
- Meet with new industry leaders at the First-Time Attendee and New Member Reception.
- Enjoy a champagne toast at Wednesday night’s reception.
- Expand your network of business partners by becoming certified.
Prime exhibit space and sponsorship opportunities are available. Contact Events Manager Sylvia Done at (916) 482-2462 to secure your preference.
DebtTrader sponsored registration now open!
Education
UPCOMING WEBINARS
DBA offers a robust lineup of educational programs for professional development and credits towards your individual Certified Receivables Compliance Professional (CRCP) designation.
- CCO Webinar: Vendor Management – I’m Auditing My Vendors, What’s Next? – (Recorded) Tuesday, December 6, 2016
- Debt Buying In the Future/Trends – (Recorded) Wednesday, December 7, 2016
- Recertification: How to Prepare and What to Expect? – January 11, 2017 at 9 am PT / 12 pm ET
- Recorded Webinars: Did you miss a live webinar? No worries, they are all recorded and available on our website.
Certification
Working towards your Certified Receivables Compliance Professional designation and need live education credits?
Members who are working towards their individual certification have the opportunity to earn up to 15 credits towards certification at DBA’s 2017 Annual Conference. Check out the agenda for more information on speakers, workshops and activities. Register today!
Certification Help: Contact Michelle Wren at (916) 482-2462 or [email protected].
CONGRATULATIONS
Congratulations to our newly certified companies and individuals!
Companies
T&I Enterprises, LLC
TEM Capital, LLC
Gurstel Chargo PA
Individuals
Teresa Mautz, Orion Portfolio Services, LLC
View all certified companies and certified individuals on our website.
New Members
(since November 15, 2016)
Welcome new DBA members!
The DBA International membership continues to grow. Welcome to our newest members:
Abraham & Kevork, LLC – California
Assured Financial Partners – California
Butler & Associates, P.A. – Kansas
Community Management Association – Colorado
elanev, Inc. – York, England
Five Lakes Agency, Inc. – Michigan
International Portfolio Exchange – Florida
Linebarger Goggan Blair Sampson, LLP – Texas
National Service Bureau – Washington
Oregon One, Inc. – Oregon
Pro Asset Information Solutions – New York
ResoCore Asset Management, Inc. – California
Velo Law Office – Michigan
Vlock & Associates, PC – New York
William C. Grossman Law, PLLC – New York
Read more about these members and other members on the Member Search page.
New in 2017! Complimentary Online Education for DBA Members
Members will enjoy complimentary webinars starting in 2017. This is another value-add for your membership in addition to receiving member rates on the 2017 Annual Conference.
Who are you looking for?
Use DBA’s online membership directory to locate a variety of members. Start with DBA’s list of debt buyers (available to the public). Also try the Member Search to find members by type, such as vendors or law firms (login required). Email Barbara Souza if you don’t know your log in credentials.
Public & Media Relations
Help create an Industry Consumer Testimonial Databank!
Representatives of DBA International are often asked if we have any consumer testimonials to support our message. They indicate it would be helpful to hear consumer accounts of how debt buying companies have worked with consumers to help them get back on their financial feet to counter the stories of woe they hear from consumer advocates and see in the media. DBA International is asking its members to join the effort. Read the Member Alert for more information.
Gibney Documentary
As you may know, a documentary film produced about the financial industry is currently under production by Alex Gibney(Enron: The Smartest Guys In the Room; Going Clear: Scientology and the Prison of Belief; Zero Days).
It is possible that some of you might have already been contacted by the production company or related parties seeking your feedback and participation in this documentary film. If any of you are, or have been, contacted by the film’s producers or researchers, please refer them directly to Jan Stieger and she will see to it that each request is properly handled.
DBA seeks to raise awareness of the industry’s programs, such as DBA’s Receivables Management Certification Program. Referring folks to DBA will ensure the industry can respond to this documentary in a coordinated and consistent manner.
Upcoming 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 |
| Feb 7–9 | DBA International’s Annual Conference, Las Vegas, NV |
| March 1–3 | NTLA, Fort Lauderdale, FL |
| March 6–7 | LendIt USA, New York, NY |
| March 15–17 | NCUCA, Las Vegas, NV |