RMA Update – February 2017

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

DBA International is now Receivables Management Association
Following membership approval of the revised Bylaws, President Mark Naiman introduced the new branding of our association at the Annual Conference on February 8, to much enthusiasm and support. Since then, we have received overwhelming positive response to our new name, Receivables Management Association–a name that better reflects the inclusiveness and future of our association. What began as an association of debt buyers has grown to include collection law firms, collection agencies, creditors, vendors, and brokers. In the coming months, association staff will work to implement the rebranding on all fronts, including dispersing the modified Certification logos. For more information about the rebranding, click here or contact Jason Litchney.

State Legislative Activity

The current state legislative session is off to the fastest start RMA has seen in over five years. RMA is currently tracking over 100 bills introduced by a member of the majority party that impact the collection industry. If you are interested in obtaining a copy of our tracking list, please contact David Reid at [email protected].

RMA has already secured lobbyists in California, District of Columbia, Massachusetts, New York, and Oregon not to mention extensive lobbying activities by RMA staff and our State Legislative Committee volunteers in those and other states.

Additionally, RMA staff and members have met with the consumer protection divisions of the Nevada and Texas Attorney General offices in the past week to educate them on the industry and RMA’s certification program.

If you are interested in helping the RMA State Legislative Committee to defend the industry from harmful legislation and regulation in your state, please contact David Reid at [email protected].

Court Decisions

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

9th Cir. Limits Scope of FDCPA ‘Enforcement of Security Interest’ Exception
Mashiri v. Epsten Grinnell & Howell, Ninth Circuit Court of Appeals, No. 14-56927 (Jan. 17, 2017)

The U.S. Court of Appeals for the Ninth Circuit recently held that a notice regarding overdue homeowners association (HOA) assessments contained language that overshadowed and conflicted with the homeowner’s federal Fair Debt Collection Practices Act (“FDCPA”) debt validation rights. The Court rejected the debt collector’s argument that in sending the notice regarding overdue HOA assessments, it merely sought to perfect a security interest and was therefore subject only to the limitations under 15 U.S.C. § 1692f(6).

3rd Cir. Rules Violation of Statute Without Concrete Harm Enough for Standing, At Least in Data Breach Cases
In re Horizon Healthcare Inc. Data Breach Litigation, Third Circuit Court of Appeals, No. 15-2309 (Jan. 20, 2017)

The U.S. Court of Appeals for the Third Circuit recently reversed the dismissal of a putative class action under the federal Fair Credit Reporting Act (FCRA) based on the theft of laptops from a health insurer containing sensitive personal information, holding that the plaintiffs had standing to sue because Congress created a statutory remedy for the unauthorized transfer of personal information, the disclosure of which constituted a cognizable injury, regardless of whether the stolen information was actually used improperly.

SCOTUS to Decide Whether Entity is FDCPA ‘Debt Collector’ Merely Because It Purchases Defaulted Debt
Henson v. Santander Consumer USA, Inc., United States Supreme Court, No. 16-349 (Jan. 13, 2017)

The Supreme Court of the United States recently decided that it will review the decision of the U.S. Court of Appeals for the Fourth Circuit in Henson v. Santander Consumer USA, Inc. The Fourth Circuit held that the fact that a debt is in default at the time it is purchased by an entity does not necessarily make that entity a “debt collector” subject to the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq.

Education

As of January 1, 2017, Receivables Management Association members can now access ALL webinars for *free! Members can access all live and previously recorded webinars on our website and they all count towards credit for certification.

*One free webinar per company per month; all additional registrations will be billed at the membership price.

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

• Recorded Webinars: Did you miss a live webinar in 2016? No worries, they are all recorded and available on our website.

Certification

Members who attended the 2017 Annual Conference in Las Vegas, NV had the opportunity to earn up to 15 credits towards RMA’s Certified Receivables Compliance Professional designation. The education credit certificate for the 2017 Annual Conference is available here. To learn more about how to obtain continuing credits for certification, be sure to check out the certification tab on our website.

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

View all certified companies and certified individuals on our website.

New Members

(from December 14, 2016 – February 14, 2017)

Welcome new RMA members!

The Receivables Management Association International membership continues to grow. Welcome to our newest members:
Butterfli Holdings, LLC – Vermont
Carlton Fields P.C. – Colorado
Convergence Acquisitions, LLC – Iowa
Flagship Credit Acceptance, LLC – Pennsylvania
Hudson Cook, LLP – Maryland
Lending Club – California
Lockhart, Morris and Montgomery, Inc. – Texas
Purchasing Power – Georgia
Quall Cardot, LLP – California
Tobin & Marohn -Connecticut
Vance & Huffman – Virginia

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

Join a committee!
Share your talent and passion, develop a stronger network, and get the most out of your membership–join a committee! The expertise you bring to the association allows us to achieve our goals and continue setting the global standard for the receivables management industry.

Email your completed Committee Interest Form to Barbara Souza at bsouza@rmaintl.org.

Events

Annual Conference
The 20th Annual Conference brimmed with optimism last week as nearly 900 attendees enjoyed education sessions on technology, compliance, new markets, and more. The newly elected Board of Directors was introduced in the bustling exhibit hall followed by a champagne toast to 20 Years of Connections.

Executive Summit
Save the date for the Executive Summit, to be held August 1 – 3 at Resort at Squawkcreek in Lake Tahoe, California. This intimate retreat is designed for owners and leaders in the receivables management industry to network, affect change, and be on the forefront of industry evolution. Registration opens in April. Contact Sylvia Done for sponsorship opportunities.

DBA History
Annual Conference attendees had the opportunity to peruse our DBA History Booth in the exhibit hall last week. It included a timeline of the association, memorabilia from past events, the first membership directory, and other significant items from the past 20 years. A big thanks to Judy Hammond for supplying so many delightful “artifacts” of our history.

Industry Events

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

DATE	EVENT/LOCATION
March 1 – 3	NTLA, Fort Lauderdale, FL
March 6 – 7	LendIt USA, New York, NY
March 15 – 17	NCUCA, Las Vegas, NV