Boring Details

and fine print

Fair Debt Collection Practices

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Consumer credit protection – debt collection practices

United States Code – 15 USC 1692, et seq.
It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.

Title 15 – Commerce and Trade
Chapter 41 – Consumer Credit Protection
Subchapter V – Debt Collection Practices

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Supreme Court of the United States

Heintz v. Jenkins, 514 U.S. 291, 115 S.Ct. 1489 (1995)

Act applies to attorneys who “regularly” engage in consumer debt collection activity, even when that activity consists of litigation.

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Federal Trade Commission –

www.ftc.gov

Administrative enforcement of Fair Debt Collection practices is through the Federal Trade Commission

Code of Federal Regulations (CFR) – 2008 – 16 CFR (Commercial Practices) parts 0 – 999 Federal Trade Commission

Staff Commentary on the Fair Debt Collection Practices Act (December 13, 1988)

Staff Opinion Letters (April 1988 to May 2002)

NOTE: Except in unusual circumstances, the staff will no longer issue informal written interpretations of the FDCPA. However, the staff may issue informal opinions or revise its Staff Commentary as necessary to provide guidance regarding significant amendments to the FDCPA in the future.

March 2008 – Federal Trade Commission’s Annual Fair Debt Collection Practices Act Report Uniform Debt-Management Services Act – 2008 revision

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National Consumer Law Center

Fair Debt Collection Practices Act – Wikipedia

Americans for Fairness in Lending

ExpertLaw.com – The Fair Debt Collection Practices Act

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Written by Tom Fox

January 15, 2009 at 7:00 pm

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