Download ACA endorses NARCA proposed amendment to FDCPA The

ACA endorses NARCA proposed amendment to FDCPA
The Association of Credit and Collection Professionals (ACA) has announced its support for the
National Association of Retail Collection Attorneys (NARCA) proposed legislation that would exempt
debt collection attorneys from FDCPA regulations while engaged in the practice of law. The complete
statement of endorsement can be viewed here.
“We are pleased that ACA has endorsed S2328 and look forward to more support from industry
organizations,” said Joann Needleman, NARCA President. “NARCA is continuing to build a coalition
of support that includes members of Congress, the CFPB and our industry partners to ensure that the
practice of law in this country remains under the watchful eye of the courts and state bar associations”
The Fair Debt Collection Practices Technical Clarification Act of 2014 (S2328) amends the FDCPA to
exclude from the definition of "debt collector" any law firm or licensed attorney serving, filing, or
conveying formal legal pleadings, discovery requests, or other documents pursuant to the applicable
rules of civil procedure or communicating in, or at the direction of, a court of law or in depositions or
settlement conferences, in connection with a pending legal action to collect a debt on behalf of a
client.
“S2328 and its companion legislation HB2892, are proposals that will restore the original intent of
the FDCPA to exempt lawyers and the practice of law from regulation by the executive and legislative
branches of government,” said Joann Needlman, NARCA President. “It is common sense legislation
based on separation of powers, a tenant that was enshrined into our constitution more than 230 years
ago.”
When passed in 1977 the FDCPA specifically exempted attorneys and the practice of law because
Congress recognized the courts and state bar associations as the proper regulating authorities. In 1985
Congress changed the law to remove the exemption, which opened the door for the executive and
legislative branches of government to act as regulating authorities over attorneys and the practice of
law.
Established in 1992, The National Association of Retail Collection Attorneys began when 20 collection
attorneys met and agreed to form an association. Today NARCA serves more than 700 law firms across
the country dedicated to the practice of consumer debt collection law.
Media Contact: Curt Preisser, 202-861-0706, [email protected]
www.narca.org