ACA International Unveils Blueprint for Debt Collection Reform
With communications technology evolving rapidly and federal regulations still in flux, ACA International, the Association of Credit and Collection Professionals, created a series of recommendations on how debt collection can be handled efficiently and fairly.
ACA International recently rolled out what it titled, “The Path Forward: ACA International’s Blueprint for Modernizing America’s Consumer Debt Collection System.” The document touches on the history of past regulation in connection with today’s online channels such as email and social networking.
The proposal also contains a series of suggestions for federal regulators so consumers can still be protected but collection agencies can function as well.
“The collection of consumer debt owed to creditors, government and businesses is an essential economic function that helps drive our nation’s economy,” association leaders declared.
“ACA members help government recover debt on behalf of taxpayers and work with companies from Main Street to Wall Street that rely on the repayment of credit to pay rent, employee’s salaries, utilities, taxes, insurance and other business expenses,” they continued.
On the heels of the recent global financial meltdown, ACA International contends that “America is a nation awash in consumer debt.”
According to the Federal Reserve, the association noted the total amount of consumer debt in the United States exceeded $2.45 trillion last year. That figure computed into an average credit card debt per household of more than $16,007.
In addition, ACA International pointed out the federal deficit now tops a record $14 trillion just as most states and local governments struggle with budget crises.
“ACA members’ work in recovering duly owed debt stems from the core belief that consumers have an obligation to pay for goods and services they purchase, which is shared by the American public,” association officials emphasized.
ACA International back up that claim by citing a recent survey of American consumers that found 97 percent believe that repayment of duly owed consumer debt is an essential personal responsibility.
“Moreover, this survey showed that consumers have a clear understanding of the ramifications uncollected consumer debt has on the U.S. economy, including an increased cost for credit, less available credit, increased costs for goods and services and ultimately the inability of organizations with uncollected debt to survive,” the association stressed.
With the explosive growth of cell phones, the Internet, social media and email, ACA International insisted communication between debt collectors and consumers has changed. Again, the association turned to a series of assertions by various agencies:
—According to the Pew Internet and American Life Project, 85 percent of adults own a cell phone.
—According to the Centers for Disease Control, approximately 27 percent of American adults live in a home without a landline telephone.
—According to www.pingdom.com, there are now more than 90 trillion emails sent per year, an average of more than 247 billion per day, by more than 1.4 billion email users worldwide.
—According to www.Internetworldstats.com, Internet and social media growth continues, with more than 235 million Internet users and more than 130 million Facebook users in the United States.
Why did ACA International rattle off all of these benchmarks?
“This is important because the Fair Debt Collection Practices Act (1978) and the Telephone Consumer Protection Act (1991) were created to set a consistent national standard for debt collector communication with consumers,” association officials recollected.
“Federal and state laws that regulate debt collection were enacted for a different time and different set of circumstances and need to be modernized to reflect new technologies and the current communication environment between collectors and consumers,” they continued.
“Debt collectors take very seriously the issue of consumer complaints and agree on the significant importance of protecting consumers against any business that engages in deceptive, unfair or abusive practices, ACA International went on to say.
“While consumers with complaints represent a relatively small percentage of the billions of consumer contacts collectors make each year by phone, mail and other means, we recognize these issues overshadow the good and important work of the vast majority of debt collectors,” officials added. “ACA remains committed to helping its members work on preventing, reducing and resolving complaints, as well as working effectively with the judicial system hold accountable those who break the law.”
ACA International believes its proposal is just the beginning to wide-sweeping reform coming out of Washington, D.C., and elsewhere.
“We will lead, but we can’t modernize America’s debt collection system alone,” association officials interjected.
“Success requires our active collaboration with lawmakers and regulators. It also requires consumers accepting personal responsibility and effectively communicating with debt collectors,” they continued.
“In the end, debt collectors share a common goal with consumers — to collect duly owed debt in the most efficient, respectful manner possible,” officials insisted.
A glance at ACA International’s proposal is available here, and the entire document can be downloaded here.