Expansive Definition of ATDS that Includes Devices that Merely Dial Numbers from a Stored List Remains the Law of Land in the Ninth Circuit

BREAKING NEWS Parties Settle Crunch San Diego, LLC v. Marks Expansive Definition of ATDS that Includes Devices that Merely Dial Numbers from a Stored List Remains the Law of Land in the Ninth Circuit ACA International learned late today that the parties in Crunch San Diego, LLC v. Marks have reached an agreement to settle […]

Breaking News: U.S. Senate Confirms Kathy Kraninger as Next Director of BCFP

The U.S. Senate voted 50-49 Thursday to confirm Kathy Kraninger to serve a five-year term as director of the Bureau of Consumer Financial Protection (BCFP). Following the vote, ACA International CEO Mark Neeb sent a congratulatory letter to Kraninger. “ACA International looks forward to working with Director Kraninger and the new leadership at the BCFP. […]

BREAKING NEWS: Ninth Circuit Refuses To Rehear Case Expanding Definition of ATDS under TCPA

The federal appellate court denied a health club’s request to reconsider its erroneous precedential decision that the term ATDS includes equipment that merely has the capacity to automatically dial stored numbers. The Ninth Circuit Court of Appeals denied, without comment, today a Petition for Rehearing En Banc filed by a health club and fitness center […]

A message from Jack Brown, President, ACA International Board of Directors, 2018-2019

Dear ACA Members, On behalf of the ACA International Board of Directors, I’m pleased to inform you that the Board has approved a three-year strategic plan that aligns our vision, mission, values and goals. This ambitious strategic plan represents a disciplined effort to produce fundamental decisions and actions that will shape and guide ACA International’s […]

The appellate court ruled in a “reverse-Avila” case, holding that a debt collector is not required to disclose that interest is not accruing – where no interest is accruing

The Second Circuit Court of Appeals issued a unanimous opinion today in favor of an ACA International member collection agency in the case of Taylor v. Financial Recovery Services, Inc., No. 17-1650, 2018 WL ——- (2d Cir. March 29, 2018). The issue in Taylor was “whether it is misleading within the meaning of Section 1692e […]

Victory for ACA as appeals court decision overturns the FCC’s expansive interpretation of the TCPA

ACA International, the Association of Credit and Collection Professionals, and businesses and organizations from a wide variety of industries secured a major victory today from U.S. Court of Appeals for the D.C. Circuit in its landmark case: ACA International v. Federal Communications Commission, et al. In handing down its hotly-anticipated decision in the pivotal ACA […]

ACA International Submits Comments on FCC’s Call Blocking FNPRM

On Tuesday, January 23, ACA International submitted comments in response to a Further Notice of Proposed Rulemaking (FNPRM) adopted by the Federal Communications Commission on Nov. 17, 2017. BACKGROUND After issuing a Notice of Proposed Rulemaking in March 2017, the FCC adopted rules in a Report and Order enabling voice service providers to block four […]

ACA International Submits Additional Comments on CFPB’s Proposed Debt Collection Disclosure Survey

On Thursday, December 14, ACA International submitted further comments in response to a new information collection proposed by the Consumer Financial Protection Bureau titled, “Debt Collection Quantitative Disclosure Testing” (“Disclosure Survey”) under the Paperwork Reduction Act (“PRA”). These comments were in response to the CFPB’s required 30-day notice under the PRA. ACA previously issued a […]

Message from the President of ACA International

These are exciting times for ACA International and its members.There is much to reflect on: the announcement of CFPB Director Richard Cordray’s resignation, invocation of the Congressional Review Act to stop the imprudent CFPB Arbitration Rule, and the Board of Directors’ search for ACA’s next CEO. Today, I call your attention to an exciting potential […]

CFPB Director Richard Cordray Resigns

Less than a year before his term expires, CFPB Director Richard Cordray ended several months of speculation about his future with the bureau by announcing his resignation on Wednesday. Under Director Cordray, who said he will vacate the office by the end of the month, the CFPB faced frequent criticism over the way it carried […]