Keeping you informed about the work that is taking place on your behalf and reminding you of important news and updates.
Federal Activity
On September 19th, DBA leadership met with CFPB Director, Richard Cordray and senior staff to discuss the upcoming debt collection rules and to articulate areas of concern for our members. Click here to read the Member Alert for more details.
On September 20-21, DBA held its first DC Symposium. The program was unique, combining visits to the Supreme Court, a private after hours tour of the US Capitol, presentation from a variety of individuals sharing their “inside the beltway” perspectives, and visits with 15 Congressional members who sit on the House Financial Services Committee. The response by attendees was a resounding “do this type of program again” and from the Congressional offices, “you need to be up on the Hill more to educate offices about the debt buying industry and the important role it plays in the US economy.”
Following the SBREFA process, DBA continues to review the SBREFA proposal for the impact on the industry. Follow up meetings with coalition members will be held in the coming months as well as meetings with the CFPB, the first of which will be a meeting of the industry associations (DBA International, NARCA and ACA) coordinated by the CFPB within the next three weeks.
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.
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:
Supreme Court Grants Writ of Certiorari in FDCPA Case
Johnson v. Midland Funding, LLC, United States Supreme Court, No. 16-348 (October 11, 2016)
The Supreme Court of the United States will review the decision of the United States Court of Appeals for the Eleventh Circuit inJohnson v. Midland Funding LLC. Johnson was the second case decided by the Eleventh Circuit addressing time-barred proofs of claim in Chapter 13 bankruptcy. In the first case, Crawford v. LVNV Funding, LLC, the Eleventh Circuit held that a debt collector violates the Fair Debt Collection Practices Act when it files a proof of claim in a bankruptcy case on a debt that it knows to be time-barred. In Johnson, the Eleventh Circuit held that there is no irreconcilable conflict between the FDCPA and the Bankruptcy Code.
7th Cir. Rules the Use of FDCPA Language in Complaint was Deceptive
Marquez et al v. Weinstein, Pinson & Riley, P.S. et al, United States Court of Appeals, Seventh Circuit, No. 15-3273 (September 7, 2016)
The U.S. Court of Appeals for the Seventh Circuit recently held that the debt collector’s use of language similar from section § 1692g of the Fair Debt Collection Practices Act in a collection complaint was deceptive as a matter of law because it could lead an unsophisticated consumer to believe that the debt would be assumed to be valid by the court if not disputed within a time period shorter than provided by the summons. Joining other federal appellate courts on the issue, the Seventh Circuit also concluded that “pleadings or filings in court can fall within the FDCPA.”
8th Cir. Rejects FDCPA Claims Regarding Follow Up Calls for Location Information, Alleged Harassment
Kuntz v. Rodenburg LLP, United States Court of Appeals, Eighth Circuit, No. 15-2777 (September 22, 2016)
The U.S. Court of Appeals for the Eighth Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act by making subsequent telephone calls to a person other than the consumer regarding the location of the debtor, because the debt collector reasonably believed that the person’s initial response was incomplete. In addition, the Eighth Circuit also held, as a matter of law, that 14 calls over a period of approximately two months did not rise to the level of harassment prohibited by FDCPA § 1692d(5).
9th Cir. Rules Every Debt Collector – Not Just First to Communicate – Must Comply with FDCPA’s Section 1692g
Hernandez v. Williams, Zinman & Parham, United States Court of Appeals, Ninth Circuit, No. 14-15672 (July 20, 2016)
The U.S. Court of Appeals for the Ninth Circuit, in a case of first impression and the first published circuit court opinion to address the issue, recently held that each and every debt collector — not just the first one to communicate with a debtor — must send the debt validation notice required by the federal Fair Debt Collection Practices Act.
11th Cir. Holds Third-Party Garnishments Not Subject to FDCPA Venue Provision
Ray v. McCullough Payne & Haan, LLC, United States Court of Appeals, Eleventh Circuit, No. 16-11518 (September 29, 2016)
The U.S. Court of Appeals for the Eleventh Circuit recently held that the federal Fair Debt Collection Practices Act’s venue provision did not apply to post-judgment action garnishment proceedings.
20th Anniversary Conference
Opportunities Abound at DBA International’s 20th Anniversary Conference
Gain Exposure to New Customers and Enhance Your Market Position
Gaining exposure to hundreds of executives in the receivables management industry is beneficial to your company, which is why DBA International’s 20th Annual Conference is the must-attend event of the year.
As one of the largest and most well-attended industry events of the year, DBA’s Annual Conference offers exceptional company exposure and lead generation possibilities. It’s an unparalleled opportunity to network with existing customers, connect with potential customers, sign up new customers, and create new, long-term business connections.
In short, it is the perfect venue to show your support or showcase your product or service and what it can do for executives who are always looking to streamline and improve their business operations. We have lots of high visibility sponsorships and can even customize one for your company.
Booth locations are going fast. Don’t miss this chance to make and celebrate connections; reserve your booth today!
Education
OCTOBER WEBINARS
DBA offers a robust lineup of educational programs for professional development and credits towards your individual Certified Receivables Compliance Professional (CRCP) designation.
- 1099C-What Are Debt Buyers required to do? –(Recorded) Wednesday, October 5, 2016
- CCO Webinar Series: My Inbox is Full of Industry News… – Tuesday, September 13, 2016 at 9:00am PT
- CCO Webinar Series – The Chief Compliance Officer Webinar Series is still available with 2 live programs remaining. Members can still purchase the entire Chief Compliance Officer Webinar Series for the discounted price of $250 with access to the 2 recorded sessions included
Recorded Webinars: Did you miss a live webinar? No worries, they are all recorded and available on our website.
Certification
Members who are working towards their individual certification to meet the March 2017 deadline have the opportunity to earn up to 15 credits towards certification at DBA’s 2017 ANNUAL CONFERENCE.
Certification Help: Contact Michelle Wren at (916) 482-2462 or [email protected].
CONGRATULATIONS
Congratulations to our newly certified companies and individuals!
Newly Certified Companies:
West Bay Recovery
Gaskell and Giovannini
Newly Certified Individuals:
John Rich
Robert Sabido
View all certified companies and certified individuals.
Welcome New Members
(Since September 10, 2016)
Welcome to our newest members:
The DBA International membership continues to grow. Welcome to our newest member:
- Main Street Asset Solutions, Inc. – California
- V1 Capital Investments, LLC – Michigan
- Zealandia Capital – North Carolina
Read more about these members and other members on the Member Search page.
DBA rolls out new member offer … Tell a friend
If you know someone who should be a part of DBA International, encourage them to join with the special 15-4-12 new member offer (expires December 31, 2016). This offer provides up to 15 months of membership for the price of 12 months. New members joining in the 4th quarter of 2016 receive DBA membership benefits beginning on the date of member acceptance through December 31, 2017. It’s a great way to stretch the business dollars!
Questions? Contact DBA’s member services manager, Barbara Souza, [email protected].
Upcoming Industry Events
DBA International works to open new markets and promote the industry at various conferences and events (look for us at these upcoming events). Also, you can earn education credits towards certification at these events.
| DATE | EVENT/LOCATION |
| Nov. 1-3 | NABD Eastern Region Conference; Orlando DBA on a panel and in the tradeshow. |
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!
Diamond ($25,000)
PRA Group
Titanium ($15,000)
Calvary Investments
Sherman Financial Group, LLC
Silver ($5,000)
Crown Asset Management
Garnet Capital Advisors, LLC
Hunt & Henriques
Javlin Capital
Second Round
U.S. Equities Corp
Bronze ($2,500)
Cornerstone Support, Inc.
Digital Recognition Network
Integras Capital Recovery, LLC
Maurice Wutscher LLP
RAzOR Capital
TRAKAmerica
Brass ($1,000)
Atlantic Credit & Finance, Inc.
Bankrupt Debt Acquisitions
Barnes Financial Services
Bedard Law Group PC
Comtech Systems, Inc.
Convoke, Inc.
Credit Management Corporation
Credit One Bank, N.A.
Empire Capital Funding Group
Galaxy Asset Purchasing, LLC
H&S Financial, Inc.
Halsted Financial Services
InvestiNet, LLC
O&L Law Group, P.L.
PCA Acquisitions V, LLC (dba Invenio Financial)
Plaza Services, LLC
Simmonds & Narita, LLP
The Bureaus, Inc.
VeriFacts, Inc.
Other Contributors
Allen & Durrant Corp.
Alliant Capital Management
American Acceptance Co., LLC
American Lawyers Company
Balbec Capital
Bayview Solutions, LLC
Blitt and Gaines, P.C.
Boone Account Recovery Corp.
Capital Alliance Financial, LLC
Center Point Legal Solutions
ComplyARM
Crosby Capital
Debt Control Agency, Inc. (DCA)
Delev & Associates, LLC
Dynamic Recovery Solutions
ECMC Holdings
Federal Pacific Credit Company
Financial Recovery Services, Inc.
FocuseData, Inc.
Fort Crook Financial
Frontline Asset Strategies, LLC
General Collection Co.
Harvest Strategy Group, Inc.
Hinshaw & Cylbertson
Investment Retrievers, Inc.
Michael Haynes & Associates
Moss Adams
National Recovery Association, LLC
National Recovery Solutions
PerSolve, LLC
Premier Forty Financial
Real Time Resolutions, Inc.
Rodriguez Fernandez Law Office
SIMM Associates, Inc.
Talisman Partners, LLC
The Loaw Offices of Ronald S. Canter, LLC
WebRecon
West Bay Recover, Inc.
Zealandia Capital