Eye On Washington

Collector, Mar 2008

The association also seeks to educate lawmakers and regulators about the sophisticated technology used by ACA members to maintain the security and integrity of personal financial data already required by HIPAA and the Gramm-Leach-Bliley Act.

Accessing Credit Reports for the Purpose of Debt Collecting

In the wake of Pintos, ACA seeks an amendment to the Fair Credit Reporting Act (FCRA) clarifying the right of creditors, collectors and debt buyers to access a consumer's credit report when collecting a past due payment obligation on a debt incurred both voluntarily and involuntarily by a consumer.

ACA also will oppose burdensome regulatory requirements that deter the accurate and prompt reporting of consumer information to the credit reporting agencies or which create irreconcilable compliance conflicts between the FDCPA and FCRA when resolving consumer disputes.

Modernizing Communications Law

ACA will support legislation that clarifies the right and ability of creditors and debt collectors to communicate with consumers using all reasonable means of modern communication to collect payment obligations. The association also seeks clarification of the definition of express consent under the law.

Other Opportunities

ACA will also continue to look for opportunities to clarify existing law. First, ACA will seek a legislative vehicle to further clarify the Federal Communications Commission's recent order concerning the industry's right to use autodialers and prerecorded messages to collect past-due payment obligations. Second, ACA will seek the codification of the legal principle established by the Northern District Court of Illinois, which ruled that attempting to collect a debt is not a per se violation of the FDCPA. ACA will also seek an amendment requiring those who file for bankruptcy to list all known debt collectors on their petition.

By deploying association resources and pursuing each and every opportunity to make positive contact with elected officials, ACA will continue to lead the way in public advocacy on behalf of the credit and collection industry.