New changes to the FDCPA - 10/04/2006

SEC. 802. OTHER AMENDMENTS.
(a) LEGAL PLEADINGS.—Section 809 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692g) is amended by adding at the end
the following new subsection:
‘‘(d) LEGAL PLEADINGS.—A communication in the form of a
formal pleading in a civil action shall not be treated as an initial
communication for purposes of subsection (a).’’.
(b) NOTICE PROVISIONS.—Section 809 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692g) is amended by adding after subsection
(d) (as added by subsection (a) of this section) the following
new subsection:
‘‘(e) NOTICE PROVISIONS.—The sending or delivery of any form
or notice which does not relate to the collection of a debt and
is expressly required by the Internal Revenue Code of 1986, title
V of Gramm-Leach-Bliley Act, or any provision of Federal or State
law relating to notice of data security breach or privacy, or any
regulation prescribed under any such provision of law, shall not
be treated as an initial communication in connection with debt
collection for purposes of this section.’’.
(c) ESTABLISHMENT OF RIGHT TO COLLECT WITHIN THE FIRST
30 DAYS.—Section 809(b) of the Fair Debt Collection Practices Act
(15 U.S.C. 1692g(b)) is amended by adding at the end the following
new sentences: ‘‘Collection activities and communications that do
not otherwise violate this title may continue during the 30-day
period referred to in subsection (a) unless the consumer has notified
the debt collector in writing that the debt, or any portion of the
debt, is disputed or that the consumer requests the name and
S. 2856—42
address of the original creditor. Any collection activities and communication
during the 30-day period may not overshadow or be inconsistent
with the disclosure of the consumer’s right to dispute the
debt or request the name and address of the original creditor.’’.

FDCPA Basic Definitions

FDCPA Basic Definitions
§ 1692 a(3) Definition of a Consumer as any natural person obligated on or allegedly obligated on a debt
§ 1692 a(5) Definition of a Debt as an obligation for money, goods, insurance, or services for primarily personal, family, or household purposes
§ 1692 a(6) Definition of a Debt Collector as collectors, collection agencies, lawyers, forms writers
b –Contacting Third Parties
§ 1692 b(1) Contact of Third Party: Failed to identify themselves, or failed to state that collector is confirming or correcting location information
§ 1692 b(2) Contact of Third Party: Stated that the consumer owes any debt
§ 1692 b(3) Contact of Third Party: Contacted a person more than once, unless requested to do so
§ 1692 b(4) Contact of Third Party: Utilized postcards
§ 1692 b(5) Contact of Third Party: Any language or symbol on any envelope or communication indicating debt collection business
§ 1692 b(6) Contact of Third Party: After knowing the consumer is represented by an attorney
c –Prohibited Communications Practices
§ 1692 c(a)(1) At any unusual time, unusual place, or unusual time or place known to be inconvenient to the consumer, before 8:00 am or after 9:00 pm
§ 1692 c(a)(2) After it knows the consumer to be represented by an attorney unless attorney consents or is unresponsive
§ 1692 c(a)(3) At place of employment when knows that the employer prohibits such communications
§ 1692 c(B) With anyone except consumer, consumer’s attorney, or credit bureau concerning the debt
§ 1692 c© After written notification that consumer refuses to pay debt, or that consumer wants collector to cease communication
d - Harassment or Abuse
§ 1692 d Any conduct the natural consequence of which is to harass, oppress, or abuse any person
§ 1692 d(1) Used or threatened the use of violence or other criminal means to harm the consumer or his/her property?
§ 1692 d(2) Profane language or other abusive language?
§ 1692 d(3) Published a list of consumers who allegedly refuse to pay debts?
§ 1692 d(4) Advertised for sale any debts?
§ 1692 d(5) Caused the phone to ring or engaged any person in telephone conversations repeatedly
§ 1692 d(6) Placed telephone calls without disclosing his/her identity?
e - False or Misleading Representations in Communications
§ 1692 e Any other false, deceptive, or misleading representation or means in connection with the debt collection
§ 1692 e(1) Affiliated with the United States or any state, including the use of any badge, uniform or facsimile
§ 1692 e(2) Character, amount, or legal status of the alleged debt
§ 1692 e(3) Any individual is an attorney or that any communication is from an attorney
§ 1692 e(4) Nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment
§ 1692 e(5) Threaten to take any action that cannot legally be taken or that is not intended to be taken
§ 1692 e(6) Sale or transfer of any interest in the debt will cause the consumer to lose any claim or defense to payment of the debt
§ 1692 e(7) Consumer committed any crime or other conduct in order to disgrace the consumer
§ 1692 e(8) Threatens or communicates false credit information, including the failure to communicate that a debt is disputed
§ 1692 e(9) Represent documents as authorized, issued or approved by any court, official, or agency of the United States or state.
§ 1692 e(10) Any false representation or deceptive means to collect a debt or obtain information about a consumer
§ 1692 e(11) Communication fail to contain the mini-Miranda warning: "This is an attempt to collect a debt… communication is from a debt collector.”
§ 1692 e(12) Debt has been turned over to innocent purchasers for value
§ 1692 e(13) Documents are legal process when they are not
§ 1692 e(14) Any name other than the true name of the debt collector's business
§ 1692 e(15) Documents are not legal process forms or do not require action by the consumer
§ 1692 e(16) Debt collector operates or is employed by a consumer reporting agency
f - Unfair Practices
§ 1692 f Any unfair or unconscionable means to collect or attempt to collect the alleged debt
§ 1692 f(1) Attempt to collect any amount not authorized by the agreement creating the debt or permitted by law
§ 1692 f(2) Accepted or solicit postdated check by more than 5 days without 3 business days written notice of intent to deposit
§ 1692 f(3) Accepted or solicited postdated check for purpose of threatening criminal prosecution
§ 1692 f(4) Depositing or threatening to deposit a post-dated check prior to actual date on the check
§ 1692 f(5) Caused any charges to be made to the consumer, e.g., collect telephone calls
§ 1692 f(6) Taken or threatened to unlawfully repossess or disable the consumer's property
§ 1692 f(7) Communicated with the consumer by postcard
§ 1692 f(8) Any language or symbol on the envelope that indicates the communication concerns debt collection
h –Multiple Debts
§ 1692 h Collector must apply payments on multiple debts in order specified by consumer and cannot apply payments to disputed debts
g –30 Day Validation Notice
§ 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication
§ 1692 g(a)(1) Must state Amount of Debt
§ 1692 g(a)(2) Must state Name of Creditor to Whom Debt Owed
§ 1692 g(a)(3) Must state Right to Dispute within 30 Days
§ 1692 g(a)(4) Must state Right to Have Verification/Judgment Mailed to Consumer
§ 1692 g(a)(5) Must state Will Provide Name and Address of original Creditor if Different from Current Creditor
§ 1692 g(B) Collector must cease collection efforts until debt is validated
i –Legal Actions
§ 1692 i(a)(2) Brought any legal action in a location other than where contract signed or where consumer resides
j –Deceptive Forms by Creditor
§ 1692 j Forms been designed, compiled and/or furnished to create the false belief that person

trying the Technorati API key function

cb029df3b752ed3dace432a3c78dce6f

Technorati API call


Technorati Cosmos: other blogs commenting on this post




Technorati Cosmos: other blogs commenting on this post



Technorati Cosmos: other blogs commenting on this post



Technorati Cosmos: other blogs commenting on this post

Judgemens and scumbag collection agencies

From: christina357

My husband and I have been plagued with bad debt for years. We had lived in an apartment complex for 9 years. Over the years, we have had judgements placed on us for nonpayment of rent. We always were able to get caught up before we had to go to court and in one instance they wouldn't accept our payment and made us go to court--the judge dismissed that one, but it is still on my report. Either way they were all paid the same month of the judgement. When we pulled our credit to get our mortgage, we saw that all of these judgements were marked unpaid and had been that way for years.

I went to the apartment complex and asked them why they were listed this way. This is exactly what they told me. We only release the judgments if the people request them. He had to get a hold of the attorney to get them! Now, is it not their responsibility to report accurately? Who is at fault here? Is it the apartment complex or the Court for not showing the release? Or is it the credit reporting agency for not making sure the data they furnish is accurate? I assume that the apartment complex is at fault somehow and to know that they do this as standard practice is mindblowing!

Anyway, no matter who was at fault, I didn't have time to go through the traditional process to get our credit repaired so we used Credit Technologies which is a credit repair company that fixes your credit in 72 hours. I provided them with all of my releases and they updated the report. Except instead of putting the actual date it was released, she put the date that she got the correction. The judgments all read "Date Paid: 1/2004 or 3/2004. I was trying to make my scores go up and they did--slightly. But according to the way FICO scoring works, didn't she do damage as well by making an old debt look current. Doesn't that mean with the date paid being in 2004, that would represent the last activity on the account and it will be on my report for another 10 years? Instead of it looking like we took care of our debts immediately, it now looked like we wanted a house and waited until the last minute to fix our credit. Do judgments stay on the report for 10 years and other items for 7.5 years? It cost me $375.00 for them to make errors on my credit report in a timely 72 hour manner. My scores didn't go to where I needed them to go either.

Then I had a collection that was reporting as open and she recommended that I pay it because it was reporting every month. Isn't it illegal to list a collection as an open account anyway and to report every new month as the date last delinquent if I did not enter into a payment arrangement with them? (see Credit Reports: Original Debt is more than 6 years old...Collection Agency lists as new debt). Shouldn't she have known that and corrected the error by changing it to a collection account and putting the correct date for last delinquent? Instead, I paid a $6,655.00 collection for a settlement of $4300.00 and it had no effect on my scores at all and the comments they listed were very deragatory. Had I known then what I know now, I would have addressed the actual error instead of borrowing from my mom to pay the debt.

While I won't be answering this lady on another forum, it does show how much misery and problems are caused by those who won't do their jobs right.

Texas Consumer Protection Act

I have pasted the exact section from Texas Law. One single law by itself does not make a whole case. Texas Finance Code 392 is a mirror law to the Federal FDCPA. This means that it does not change the FDCPA, but rather, makes the FDCPA a Texas State Law as well. The provisions of 392 are additional protections afforded to consumers ON TOP OF those afforded by the FDCPA requires that a debt collector provide written proof DIRECTLY FROM THE ORIGINAL CREDITOR…well, you can see where this is going….



§ 392.202. CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR

CREDIT BUREAU'S FILES. (a) An individual who disputes the

accuracy of an item that is in a third-party debt collector's or

credit bureau's file on the individual and that relates to a debt

being collected by the third-party debt collector may notify in

writing the third-party debt collector of the inaccuracy. The

third-party debt collector shall make a written record of the

dispute. If the third-party debt collector does not report

information related to the dispute to a credit bureau, the

third-party debt collector shall cease collection efforts until an

investigation of the dispute described by Subsections (b)-(e)

determines the accurate amount of the debt, if any. If the

third-party debt collector reports information related to the

dispute to a credit bureau, the reporting third-party debt

collector shall initiate an investigation of the dispute described

by Subsections (b)-(e) and shall cease collection efforts until the

investigation determines the accurate amount of the debt, if any.

This section does not affect the application of Chapter 20,

Business & Commerce Code, to a third-party debt collector subject

to that chapter.

(b) Not later than the 30th day after the date a notice of

inaccuracy is received, a third-party debt collector who initiates

an investigation shall send a written statement to the individual:

(1) denying the inaccuracy;

(2) admitting the inaccuracy; or

(3) stating that the third-party debt collector has

not had sufficient time to complete an investigation of the

inaccuracy.

(c) If the third-party debt collector admits that the item

is inaccurate under Subsection (b), the third-party debt collector

shall:

(1) not later than the fifth business day after the

date of the admission, correct the item in the relevant file; and

(2) immediately cease collection efforts related to

the portion of the debt that was found to be inaccurate and on

correction of the item send, to each person who has previously

received a report from the third-party debt collector containing

the inaccurate information, notice of the inaccuracy and a copy of

an accurate report.

(d) If the third-party debt collector states that there has

not been sufficient time to complete an investigation, the

third-party debt collector shall immediately:

(1) change the item in the relevant file as requested

by the individual;

(2) send to each person who previously received the

report containing the information a notice that is equivalent to a

notice under Subsection (c) and a copy of the changed report; and

(3) cease collection efforts.

(e) On completion by the third-party debt collector of the

investigation, the third-party debt collector shall inform the

individual of the determination of whether the item is accurate or

inaccurate. If the third-party debt collector determines that the

information was accurate, the third-party debt collector may again

report that information and resume collection efforts.

FDCPA discussion

If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a "debtor." If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector."

You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly by prohibiting certain methods of debt collection. Of course, the law does not forgive any legitimate debt you owe.

This brochure answers commonly asked questions about your rights under the Fair Debt Collection Practices Act.

What debts are covered?
Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.

Who is a debt collector?
A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.

How may a debt collector contact you?
A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves.

Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing a letter to the collection agency telling them to stop. Once the agency receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.

May a debt collector contact anyone else about your debt?
If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.

What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.

May a debt collector continue to contact you if you believe you do not owe money?
A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.

What types of debt collection practices are prohibited?
Harassment.
Debt collectors may not harass, oppress, or abuse anyone or any third parties they contact. For example, debt collectors may not:

• use threats of violence or harm;
• publish a list of consumers who refuse to pay their debts (except to a credit bureau);
• use obscene or profane language; or
• repeatedly use the telephone to annoy someone;

False statements.
Debt collectors may not use any false statements when collecting a debt. For example, debt collectors may not:

• falsely imply that they are attorneys or government representatives;
• falsely imply that you have committed a crime;
• falsely represent that they operate or work for a credit bureau;
• misrepresent the amount of your debt;
• indicate that papers being sent to you are legal forms when they are not; or
• indicate that papers being sent to you are not legal forms when they are.

Debt collectors also may not state that:

• you will be arrested if you do not pay your debt;
• they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
• actions, such as a lawsuit, will be taken against you, which legally may not be taken, or which they do not intend to take.

Debt collectors may not:

• give false credit information about you to anyone, including a credit bureau;
• send you anything that looks like an official document from a court or government agency when it is not; or
• use a false name.

Unfair practices.
Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:

• collect any amount greater than your debt, unless your state law permits such a charge;
• deposit a post-dated check prematurely;
• use deception to make you accept collect calls or pay for telegrams;
• take or threaten to take your property unless this can be done legally; or
• contact you by postcard.

What control do you have over payment of debts?
If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.

What can you do if you believe a debt collector violated the law?
You have the right to sue a collector in a state or federal court within one year from the date from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1000. Court costs and attorneys fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collectors net worth, whichever is less.

Where can you report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney Generals office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney Generals office can help you determine your rights.

The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or to get free information on consumer issues, visit the www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft and other fraud-related complaints in to Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

Filing frivolous FDCPA lawsuits

There are many so called FDCPA experts on the internet today who will tell you that what you need to do to get out of debt is to file lawsuits on debt collectors trying to
collect from you.

One of the favorite FDCPA mechanisms that is advocated is the claim that they have provided false information about you or that they are unlicensed to collect in your state. The number of excuses one can find to file on debt collectors is almost endless.

But there is one fallacy the gooroos never mention and that is that filing such lawsuits isn't going to change the fact that you can still be sued by the debt collector or the creditor. They sometimes also tell you that you can get $1,000 per violation which is basically true but the only way to get the "per violation" angle working for you is to file a separate lawsuit on them for each and every violation. Now then, lets look at the practical aspect of the situation. Let us imagine that you caught a debt collector providing false information to the credit bureaus so you sue him 3 times for that. Once for each credit bureau. Since your cases will be likely to come up before the same judge you run the risk that the judge will see through your ploy and take adverse action to put a stop to the nonsense. That can be done by filing a sanction on you to put a stop to it. Those sanctions can run anywhere from as little as maybe $12,000 to as much as maybe $50,000 and if you are sanctioned you will have to put up the cash money before you can get out of jail.

Even if you win, you will still only have won a maximum of $3,000 plus your filing fees which would be around $750.00.

Or maybe your state is one of the states that requires debt collectors to be licensed and you caught the debt collector violating the law. You can't file a state level lawsuit against him because if state licensure laws are violated it is the state that is the injured party and not you. So you have to file in federal court using FDCPA and the misinformation portion of the statute to nail him.

Once again, the filing fee applies and so does the $1,000 award limitation. Makes no difference whether you win or not, the debt is not cancelled and is still every bit as collectable as it ever was. If the debt collector can comply with the law in your state he may very well elect to remedy his problem and then still sue you after having obtained the required license. If your debt is more than $1,000 then you will have only delayed the pain if you are lucky. If the debt collector can cure the problem in a short period of time, say 30 days or so then that is about all you will have bought with your lawsuit.

If the creditor still owns the debt you can rest assured it will be the creditor who will file the lawsuit against you and all that the creditor needs to do is find an attorney willing to file the suit and lay it on you. Your lawsuit against the debt collector will make absolutely no difference at all.

If the debt collector has bought the debt from the creditor and cannot or chooses not to comply with your state licensure laws then all he has to do is sell it to some other debt collector or he might assign it to another collector to collect for him.
If that happens you will probably get yet another adverse report on your credit report before it is all said and done. But rest assured that somebody is going to end up filing a lawsuit on you no matter how many FDCPA lawsuits you might try to file on the debt collectors.

In other words, you can file FDCPA lawsuits against debt collectors who break the law but in the final analysis it will do you little or no actual good to do so. While such advice as is to be found on many internet message boards telling you to sue your creditors, most of it is little more than a fools hope. There are much better ways to deal with the situation and get the same thing done in a much more effective manner.


rel="tag">fdcpaexpert

FDCPA ANNOTATED STATUTES

When one needs information about FDCPA or any other law one needs to refer to the annotated statutes and not some so called and self styled internet "expert" or "gooroo" who might happen to think s/he knows all about the law. Usually they don't and what they know even less about is how other laws interact with the body of law that you may be interested in.

It is only by reference to the fully annotated statutes that reliable information can be obtained. Of course, the FDCPA annotated statutes are far too large to be presented on a blog so a special website has been created to bring you the annotated statutes and by their use you can avoid the nonsense spouted on such message forums as artofcredit, creditnet, creditboards and many others who suppose that they can give you accurate information.

Stay away from them because they will end up leading you astray.

UNITED STATES CODE ANNOTATED
TITLE 15. COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER V--DEBT COLLECTION PRACTICES

No claim to Orig. U.S. Govt. Works.

Current through P.L. 107-48, approved 10-12-01


§ 1692a. Definitions



As used in this subchapter--

(1) The term "Commission" means the Federal Trade Commission.

(2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium.

(3) The term "consumer" means any natural person obligated or allegedly obligated to pay any debt.

(4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.

(5) The term "debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

(6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f(6) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include--

(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;

(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;

(C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;

(D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;

(E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and

(F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.

(7) The term "location information" means a consumer's place of abode and his telephone number at such place, or his place of employment.

(8) The term "State" means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.



CREDIT(S)

1997 Main Volume


(Pub.L. 90-321, Title VIII, § 803, as added Pub.L. 95-109, Sept. 20, 1977, 91 Stat. 875, and amended Pub.L. 99-361, July 9, 1986, 100 Stat. 768.)






HISTORICAL AND STATUTORY NOTES

Revision Notes and Legislative Reports


1968 Acts. House Report No. 1040 and Conference Report No. 1397, see 1968 U.S. Code Cong. and Adm. News, p. 1962.


1977 Acts. Senate Report No. 95-382, see 1977 U.S. Code Cong. and Adm. News, p. 1695.


1986 Acts. House Report No. 99-405, see 1986 U.S. Code Cong. and Adm. News, p. 1752.


Amendments


1986 Amendments. Par. (6). Pub.L. 99-361 in provision preceding subpar. (A) substituted "clause (F)" for "clause (G)", in subpar. (E) inserted "and" after "creditor;", struck out subpar. (F), which excluded from the term "debt collector" any attorney-at-law collecting a debt as an attorney on behalf of and in the name of a client, and redesignated subpar. (G) as (F).




CROSS REFERENCES

Private counsel as debt collector, see 31 USCA § 3718.


AMERICAN LAW REPORTS


Validity, construction, and application of state statutes prohibiting abusive or coercive debt collection practices. 87 ALR3d 786.

What constitutes "debt" for purposes of Fair Debt Collection Practices Act (15 U.S.C.A. § 1692A(5)). 159 ALR Fed 121.

What constitutes "debt" and "debt collector" for purposes of Fair Debt Collection Practices Act (15 U.S.C.A. § 1692(a)(5), (6)). 62 ALR Fed 552.


LIBRARY REFERENCES

Administrative Law


Fair Debt Collection Practices Act, scope and coverage, see West's Federal Administrative Practice § 3512.

Limitations on communications, see West's Federal Administrative Practice § 3514.


Encyclopedias


17 Am. Jur. 2d, Consumer and Borrower Protection § § 194, 197-199,201, 202


Law Review and Journal Commentaries


Acceleration notices and demand letters. Manuel H. Newburger, 47 Consumer Fin.L.Q.Rep. 338 (1993).

Fair Debt Collection Practices Act: Attorneys beware, you too may be a debt collector. Janet Flaccus, 1987 Ark.L.Notes 11.

Fair Debt Collection Practices Act: Emerging source of liability for attorneys. Christopher A. Golden, 69 N.Y.St.B.J. 14 (Feb. 1997).

Guidelines for consumer debt collection by attorneys under the 1986 Amendment to the Fair Debt Collection Practices Act. Michael K. Sweig, 21 New Eng.L.Rev. 697 (1985-86).

rel="tag">fdcpaexpert