creditors' collection activity

Discussion in 'Credit Talk' started by G. Fisher, Oct 13, 2001.

  1. G. Fisher

    G. Fisher Banned

    What law regulates creditors' collection activity?
  2. breeze

    breeze Well-Known Member says this:
    I don't know of any other laws that specifically regulate collection activities, unless some states have enacted some. I know Virginia has one in the criminal code about mailing out paper documents that resemble court documents and summonses for collections purposes - it's a class 4 misdemeanor.
    § 18.2-213. Simulation of warrants, processes, writs and notices.

  3. breeze

    breeze Well-Known Member

    BTW Virginia has a Consumer Protection Act, but when I search it using the word "debt" or "collect" I get "no results returned."
  4. roni

    roni Well-Known Member

    I know most people believe that the FCRA applies to both and the FDCPA only applies to collection agencies, but when I've sent letters to orginial creditors or talked with supervisors, they've never told me that they were not subject to the FDCPA.
  5. breeze

    breeze Well-Known Member

    When it comes to state laws, CA may be your best bet - read this: California's Robbins-Rosenthal Fair Debt Collection Practices

    lawyers have to follow state bar provisions

    Minnesota is a tough state for consumer laws, but they don't even come close to California.
  6. MikeB

    MikeB Banned

    That is the problem with laws without specific definitions. The "30 day late" issue comes to mind.
    It appears so very clear on the surface, but some creditors think 1-29 days late equals 30 days late. There is nothing in FCRA that says anything about what constitutes a "30 day" late. Maybe they thought it was clear enough? Who knows....
  7. breeze

    breeze Well-Known Member

    Ummm.. who's got the big political budget, and all the lobbyists chasing congressmen around? There's a reason why it's vague....
  8. MikeB

    MikeB Banned

    I don't think the CC lobbyists are chasing lawmakers around. They meet them around the corner...LOL
  9. roni

    roni Well-Known Member

    Bad News.....Good NEWS!!

    Who is a debt collector?
    A debt collector is any person, other than the creditor, who regularly collects debts owed to others. Under a 1986 amendment to the Fair Debt Collection Practices Act, this includes attorneys who collect debts on a regular basis.

    According to the 1996 Info....

    but look at this!

    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.

    That would INCLUDE the orginial creditor and make the FDCPA apply to anyone!
  10. godaddyo

    godaddyo Well-Known Member

    Good Points!!!

    I love it when Greg asks questions that he really knows the answers to!!!!
  11. roni

    roni Well-Known Member

    Damn... just re-read it... OTHERS.... oh well...
  12. breeze

    breeze Well-Known Member

    Well, I think most creditors respond as if they're regulated by the FDCPA, however, the definitions section specifically states that they are not.

    It goes on with some more exclusions, but it says what it says. The states have the right to change that - many of them have added to the consumer protection act and the Uniform Commercial Code, but the only one I can find that regulates collection activity by the creditor is California. I didn't read them all, but I read Minnesota and California, because they are the most consumer-oriented states I know of.

    Heck, Ohio probably allows them to break your kneecaps!!

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