Welcome to DBA International’s mid-month communication, designed to keep you informed about the work that is taking place on their behalf, and remind you of important news and updates. This is a ‘members only’ publication so you need to login to view on the website.

Proposed DBA Bylaw Amendments
The DBA International Board of Directors unanimously approved amendments to the association bylaws which appear on the current election ballot before voting members of the association.The amendments would do the following:

  1. Membership/Certification – Clarifies that debt buying companies will fall into one of two membership classes: a Certified Member or an Associate Member. A debt buying company will qualify for Associate Member status and will nothave to become a “Certified Professional Receivable Company” (CPRC) if they meet the following criteria:
    • Have not purchased a receivables portfolio since the company’s last membership renewal;
    • Have at least one employee that holds the “Certified Receivables Compliance Professional” designation within one year of March 1, 2016;
    • Agree that if the company purchases a receivables portfolio it will meet or exceed the CPRC standards; and
    • Agree to obtain the CPRC designation within one year of purchasing a receivables portfolio.
  2. Voting Members – Expands association voting rights to all certified companies – i.e. certified debt buying companies, certified law firms, and certified collection agencies.
  3. Board Composition – Effective February 2017, creates a dedicated seat on the DBA Board of Directors for a certified company that is not a debt buyer – i.e. a certified law firm or certifiedcollection agency.

Advocacy
Here are some of the advocacy initiatives that we’ve undertaken in the last month:

State Legislative Activity

– Legislatures in Session: 2
–  Bills in Active Status: 55 out of 55
–  DBA Retained Lobbyists: 22 (California and New York)
–  Active Negotiations: 0

Noteworthy Bills introduced in prior 30 days:

Indiana HB 1143 – Provides that if a judgment debtor leaves the employment of an employer who is garnishing their wages and subsequently returns to employment with the same employer the judgment creditor must obtain a new judgment against the judgment debtor before the employer is required to resume wage garnishment.

Rhode Island HB 7028 – Creates the “Expired Debt Act” which would among other things: (1) prohibit consumer contact until the collector “possesses verifiable information documenting” chain of title, the amount of the debt, and the connection of the debtor to the debt; (2) require consumer notices on out of stat debt in every communication when the debt is beyond the statute of limitations; (3) prohibits default judgements on out of stat debt; and (4) provides damages for mental distress and emotional anguish.

Wisconsin SB 466 – Allows a library to report an individual’s name, contact information, and the amount owed to a collection agency on delinquent accounts of any individual who borrows from the library.

Noteworthy Bills of continuing concern:

California SB 308 – Increases the individual homestead exemption from $75,000 to $100,000; married homestead exemption from $100,000 to $150,000; and the senior and disabled homestead exemption from $175,000 to $300,000; increases personal property exemptions to reflect the amounts of the exemptions as adjusted by the California Judicial Council (Council required to do make adjustments every 3 years).

Massachusetts SB 146 – Reduces the statute of limitations in an action for the collection of a consumer debt from 6 down to 3 years to be measured from the earlier of the date of charge-off, placement for collection, or 180 days after the last regular payment. Payments made while within the limitations period will not toll the statute. The debt will be expunged once the statute has expired (loss of both the legal remedy and the contractual right to voluntary collection).

STATE ATTORNEY GENERAL UPDATE
In January, DBA International met with consumer protection staff of the Maryland and District of Columbia offices of the attorney general. The conversation included a dialogue on the benefits of DBA Certification and the types of collection-related complaints they are receiving. DBA also met with the Maryland Consumer Council (housed within the AG’s office) to answer questions they had regarding the industry.

Court Decisions

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

2nd Cir. Holds ID Theft Claim Under NY’s FCRA Not Preempted by Federal FCRA
Galper v. JP Morgan Chase Bank, N.A., 802 F.3d 437 (2d Cir. N.Y. 2015)
The U.S. Court of Appeals for the Second Circuit recently held that identity theft claims under New York’s Fair Credit Reporting Act based on a bank’s alleged vicarious liability for identity theft supposedly perpetrated by its employees are not preempted by the federal Fair Credit Reporting Act (FCRA).

7th Circuit: No FDCPA Bona Fide Error for Intentional Conduct
Leeb v. Nationwide Credit Corporation, Seventh Cir. Court of Appeals, No. 14-1329 (November 20, 2015)
Debt collectors seeking to avoid liability under the bona fide error exception of the federal Fair Debt Collection Practices Act (FDCPA) will not be excused from liability if the conduct at issue was intentionally undertaken.

Missouri Federal Court Says ‘Benign’ Language on Envelope Does Not Violate FDCPA
McShann v. Northland Group, Inc., No. 15-00314-CV-W-GAF, 2015 U.S. Dist. LEXIS 165293 (W.D. Mo. Dec. 1, 2015)
The United States District Court for the Western District of Missouri recently granted a debt collector’s motion for judgment on the pleadings, holding an internal account number displayed on the envelope of a demand letter did not violate the Fair Debt Collection Practices Act (FDCPA) because it did not reveal the plaintiff was a debtor.

7th Cir. Holds Defendant’s Phone System Was Not ATDS Under TCPA
Wayne Norman v. AllianceOne Receivables Management, Inc., No. 15-1780, 2015 U.S. App. LEXIS 22307 (7th Cir. Dec. 22, 2015)
In a non-precedential ruling, the U.S. Court of Appeals for the Seventh Circuit recently affirmed a district court ruling finding that telephone calls placed to a consumer’s cellphone did not violate the federal Telephone Consumer Protection Act (TCPA) because the calls were placed manually, and not using an automatic telephone dialing system (ATDS).

Education

2016 webinar series now on sale!
Receive 11 webinars for the price of 9! For only $575 you will receive a year’s worth of 2016’s regularly scheduled live webinar series and/or the recorded version of each webinar (if you have to miss a live event).

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

  • Upcoming Webinar:
    • Revenue Recognition on Purchased Debt- Thursday, March 10, 2016
  • Recorded Webinars: If you missed a live webinar, they are all recorded and available on our website. Earn credits at your convenience.

Propose an Educational Presentation
If you have any innovative or insightful ideas for future webinar topics or other educational programs, or if you would like to be a presenter on a specific topic, please use the Proposal Submission Form on our website which is available year-round.

Certification

Six (6) weeks left to complete debt buyer certification! There is still time to complete your education credits at the DBA Annual Conference. 15 credits are available!

1. Individual Certification of Chief Compliance Officer:Each company working toward their company certification needs at a minimum one (1) employee with the title or designated as the Chief Compliance Officer to obtain the individual Certified Receivables Compliance Professional (CRCP) designation. To achieve this certification, the individual must complete 24 hours of continuing education in the prior two (2) years from date of application. Individuals submit their application when they complete all 24 credits.

2. Company Certification: Completing the company certification is the corresponding step in the process. You need to complete a self-audit of your company’s operations to confirm compliance with all Series A and Series B standards to obtain the Certified Professional Receivables Company (CPRC) designation for debt buying companies. When the self-audit is complete, you submit your company application. An external audit will need to be performed upon your renewal in two (2) years after your company becomes initially certified.

CONGRATULATIONS
Congratulations to our newly certified companies and individuals!

Companies
Millennium Financial Group, LLC
Autovest, LLC
Michael Haynes & Associates, LLC
National Recovery Solutions, LLC
Galaxy Asset Management, LLC
Galaxy Capital Acquisitions LLC
Galaxy Capital Recoveries, LLC
Galaxy International Purchasing, LLC
Galaxy Asset Purchasing, LLC
Galaxy Portfolios, LLC
Worldwide Asset Purchasing II, LLC
The Cadle Company

Individuals
Andrea Rose, United Debt Holding, LLC
Scott Mancinelli, Hoesch & Vander Ploeg, PLC
David VanDerHeyden, VanDerHeyden Law Office PA
Roger Neustadt, Gemini Capital Group

View all certified companies and certified individuals on our website.

2016 Annual Conference

Don’t delay—register now and save the late fee!
Register now for the DBA International Annual Conference—Moving Forward Together—and save the late-registration price increase which goes into effect on February 1st. DBA members enjoy a $300 savings on this must-attend event by registering on or before January 31, 2016. As a bonus, conference registration INCLUDES all of the Tuesday pre-conference education sessions so you can earn up to 15 credits towards certification or re-certification.

Book Your Room at the Aria
A limited supply of rooms remain available at the beautiful Aria Resort & Casino at DBA International’s group rate of $195 (including resort fee). Make your reservations online or contact the Aria directly at (866) 359-7757 and indicate your group is DBA International.

Membership

Renew your 2016 membership to qualify for conference member rates

It’s just weeks away from DBA’s annual conference and to qualify for member rates, you must have renewed your 2016 membership.Click here to renew your dues online, then select “Renew My Membership”.

Make the Most of Your Membership:  Tip of the month
Involved members experience the greatest benefits.

  • Serve on a DBA committee. There are numerous opportunities to share your time and talent while learning more about the industry and our members. Committee sign-ups begin in February after the annual conference.

Welcome New Members

(since December 15, 2015)
The DBA International membership continues to grow. Welcome to our newest members:

  • Americor Financial
  • Capital Debt Solutions, LLC
  • CSC Portfolio Management
  • eCompliant Software
  • Financial Forensic Services LLC
  • Hunt & Enriques
  • M&T Bank
  • Prosper Marketplace
  • Reimer, Arnovitz, Chernek & Jeffrey, Co.

The following DBA members have been instrumental in recruiting the above new members. Thank you for your effort!

  • Robert Pinchuck, FDCPA
  • Steven Cohen, The Law Offices of Steven Cohen

Did you know that DBA members can search for other members on the Member Search page?

Weekly CFPB Updates

Read the latest news about the CFPB
Every week, DBA posts updates on the actions and activities of the CFPB. Published by Arnall Golden Gregory LLC, these updates provide an easy-to-read digest of CFPB activity.

Other Industry Events

DBA International works to open new markets and promote the industry at various conferences and events throughout the year (look for us at these upcoming events). Also, you can earn education credits towards certification at these events.

DATE EVENT/LOCATION
Feb. 9 – 11 DBA International 19th Annual Conference; Las Vegas, NV
Mar 29 – Apr. 1 10th Annual Credit and Collection News Conference; Jacksonville, FL
May 24 – 26 NABD 18th Annual Conference; The Wynn, Las Vegas, NV

Public & Media Relations

A recent study conducted by Professor Todd Zywicki of the Mercatus Center at George Mason University found that careful evaluation of the current regulatory environment is necessary to ensure that the debt collection and debt buying industries continue to fulfill their critical role in the economy. To educate reporters about the study, DBA International published three backgrounders highlighting the Zywicki’s main key points, specifically why the CFPB must take into account intended and unintended consequences of any regulations before they are adopted. All three backgrounders can be found on DBA International’s Resources for Reporters page.