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AACANet has been using the Audit Information Management system developed by ARMGuard Solutions to manage its vendor audits. This program allows AACANet to deploy audit questions, receive responses with supporting documentation and audit the information to assure compliance. While not a replacement for on site visits, AIM helps AACANet oversee its service providers and assure compliance with its standards and the standards of its clients.


http://www.armguardsolutions.com/

In Seila Law v. Consumer Financial Protection Bureau, the CFPB’s single director structure was found to be constitutional by a Ninth Circuit panel unanimous decision. While the Court has agreed to take the case, the current director of the CFPB, Kathy Kraninger, has informed Congress that the bureau has determined that the way the leadership structure was set up under the Dodd-Frank Act is unconstitutional. This has prompted the Court to appointed Paul Clement to argue in support of the CFPB’s structure. Paul Clement is a former U.S. solicitor general who has appeared more than 95 times before the Court


Please see protocols from the New York Courts


The Tennessee courts have ceased all in-person proceedings (with few exceptions) until March 31. Being an appearance state, this will ultimately impact all active suits with pending hearings. The anticipation is that this action will create backlog in the court system going forward causing additional interruption for some time hereafter.


The Supreme Court of Arkansas per curiam in response to the COVID-19 pandemic has suspended all in-person proceedings until April 3.


The Supreme Court of Virginia is declaring a judicial emergency in response to the COVID-19 pandemic effective March 16 to April 6.


From March 16th to March 27th the State of Connecticut courts will schedule and hear only matters identified as "Priority 1 Business Functions".


https://jud.ct.gov/

The United States Court of Appeals for the District of Columbia have suspended all in-person proceedings starting March 17 until further order of the court.


https://www.dccourts.gov/coronavirus

Delaware Supreme Court Chief Justice declares a judicial emergency effective 8:00 a.m. Monday, March 16.


https://courts.delaware.gov/supreme/

Court of Appeals of Maryland order statewide suspension of non-essential judicial activities due to emergency effective March 12.


https://www.courts.state.md.us/coronavirusupdate

Massachusetts Supreme Judicial Court has issued an "Order Limiting In-Person Appearances" from March 18 to April 6.


https://www.mass.gov/orgs/massachusetts-supreme-judicial-court

Michigan Supreme Court order limiting activities/assemblages in court facilities until the end of business April 3.


https://courts.michigan.gov/News-Events/Pages/COVID-19.aspx

Supreme Court of New Hampshire order suspending in-person court proceedings starting close of business on March 16 through April 6.


https://www.courts.state.nh.us/aoc/corona-covid-19.html

According to the article "COVID-19: Several States Toll Statutes of Limitations on Legal Actions" published by InsideARM.com, in response to the pandemic, Donald Maurice has listed a number of states that have tolled the statutes of limitations on legal actions. Currently, they are are Iowa, Louisiana, Massachusetts, New York, Oklahoma, Texas, Virginia and Connecticut. Please refer to the link for further details and updates.


https://www.insidearm.com/news/00046055-covid-19-several-states-toll-statutes-lim/

Maine courts are closed to in-person appearances, except certain criminal and family matters. All civil matter hearings such as bench trials, disclosure hearings have been cancelled until May 1, 2020 and will be rescheduled by the courts after the restrictions are lifted. Effective on March 17, 2020, any deadlines imposed by court order or rules are extended 49 days from the date the deadline is scheduled to expire. Please refer to the link for latest update in Maine Courts in response to Covid-19.


https://www.courts.maine.gov/covid19.shtml

The AG’s new regulation, goes into effect immediately, for the next 90 days, unless the state of emergency ends before that time, it prohibits all creditors from engaging in methods of debt collection including filing new lawsuits against Massachusetts consumers, visiting their homes or places of work, or repossessing their cars, among other protections. The AG’s regulation also prohibits debt collection agencies and debt buyers from making unsolicited debt collection telephone calls to Massachusetts consumers for the next 90 days, unless the state of emergency ends before that time. Please refer to the link for a full-text regulation.


https://www.mass.gov/doc/ma-reg/download

Please see the article by Keith D. Weiner, Owner/Attorney Keith D. Weiner and Associates, Cleveland, Ohio to answer the question "Are Debt Collection Law Firms Essential?"


https://weinerlaw.com/2020/03/26/debt-collection-law-firms-essential/#more-73155

North Carolina's Department of Insurance enacted the emergency provisions which requires collectors and other covered entities to give consumers the option of deferring due payments during COVID-19 pandemic for 30-day period. This period shall be "from the last day the premium or debt payment may be made under the terms of the policy or contract".


https://www.ncdoi.gov/news/press-releases/2020/03/27/nc-insurance-commissioner-orders-deferral-premium-payments-help

The Ohio Supreme Court has tolled all deadlines in the Ohio Rules of Civil Procedure such as filing answers, responding to discovery, etc until the lifting of the President’s National Emergency Order; OR until July 30, 2020, whichever occurs first.


http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2020/2020-Ohio-1166.pdf

The Third Circuit in Riccio v. Sentry Credit overturned the Graziano decision and joined the rest of the Circuits in finding that a written dispute is not required under the FDCPA. Letters sent where the word “written” was omitted are found to not violate the FDCPA and letters where the word “written” was sent in good faith reliance upon the Graziano decision should not now subject the collector to liability per se. Anyone sending a 1692g(a)(3) validation letter to consumers in the Third Circuit, who included the written requirement for a dispute, should probably modify their letters to drop that language in light of this decision.


The Illinois Department of Financial and Professional Regulation released a new guidance to encourage debt collectors and debt buyers to work with consumers to accommodate hardships due to the COVID-19 crisis, including to suspend collection activity for a period of at least 60 days. As per Illinois Governor’s Stay-at-home Order of March 20, 2020, debt collection is not listed as essential businesses; however, debt collectors may continue to operate remotely. In accordance with CARES Act, Illinois-licensed student loan servicers are urged to make "prudent efforts" to meet the financial needs of all student loan borrowers affected by the COVID-19 pandemic.


https://www.idfpr.com/News/2020/2020%2003%2030%20IDFPR%20financial%20guidance.pdf

Vermont's Supreme Court has declared a "judicial emergency," suspending all non-essential court hearings until at least April 15. The Courts have also asked that no motions are to be filed unless it is to protect statute.


https://www.vermontjudiciary.org/news/information-regarding-coronavirus-disease-2019-covid-19-and-court-operations

According to the COVID-19 Response Supplemental Emergency and Temporary Amendment Act of 2020, Washington D.C. has prohibited debt collectors and debt buyers from outbound collections through phone calls, letters, electronic messages, etc. The law goes into effect immediately and lasts until 60 days after the emergency ends. Debt collectors and debt buyers are allowed to return consumer calls, and take inbound calls, if the consumer initiates the contact.


Please see the article by Lindsey Hall, Attorney Keith D. Weiner and Associates, Cleveland, Ohio to have a summary of key changes in the CARES Act regarding Bankruptcy Code.


https://weinerlaw.com/2020/04/13/the-cares-act-and-changes-to-the-bankruptcy-code/#more-73165

Going into effect immediately on April 14, Washing State Governor issued a proclamation to prohibit all garnishments for consumer debt, and the accrual of post judgment interest on consumer debt until May 15. The proclamation suspends statutes that permit collection of consumer debt judgments, including bank account and wage garnishments and waives accrual of post-judgment interest on consumer debt judgments during the period of this order.


https://www.governor.wa.gov/news-media/inslee-issues-new-proclamations-criminal-statutes-cdls-and-garnishments

On April 3, New York Governor signed the bill S7506B to enact the three-year statute of limitations for medical debts by adding a new civil practice law per section 213-d: "An action on a medical debt by a hospital licensed under article twenty- eight of the public health law or a health care professional authorized under title eight of the education law shall be commenced within three years of treatment."


https://www.nysenate.gov/legislation/bills/2019/s7506/amendment/b

On April 17, New York’s Attorney General Letitia James issued official guidance to banks, creditors, and debt collectors directing that CARES Act stimulus payments are to not be garnished. Attorney General James made clear that any such garnishment will be treated as a violation of state and federal consumer protection laws. The press release can be found here:


https://ag.ny.gov/press-release/2020/stimulus-payments-will-be-limits-debt-collectors-after-attorney-general-james.

The regulations go into effect June 27th and require debt collectors to: • Inform consumers of any language access services that are available; • Notify consumers about a glossary of commonly-used debt collection terms that will be available in multiple languages on DCWP’s website; • Request, record, and retain a record of each consumer’s language preference; • Report a consumer’s language preference if they send the debt back to the creditor, sell the debt, or refer it to litigation; and • Maintain a report of the number of accounts where they have tried to collect on a debt in a language other than English. The rules prohibit debt collectors from: • Providing false, inaccurate or incomplete translations of any communication to a consumer in the course of attempting to collect a debt; and • Misrepresenting or omitting a consumer’s language preference when returning, selling or referring for litigation any consumer account, where the debt collector is aware of such prefer