FDCPA Changes Proposed

Discussion in 'Credit Talk' started by Hal, Aug 27, 2001.

  1. Hal

    Hal Well-Known Member

    I thought this would be of interest - HR 2014 is a bill to propose changes to the FDCPA. From what I can see it appears to be in favor of collectors and is being lobbied by them according to the ACA website.

    It can be reviewed by doing a search at:


    Just enter HR2014 in the bill number box at the top.

    I am writing my representatives to ask they vote against it. We have too few consumer protections as it is.
  2. keltexx

    keltexx Well-Known Member

    I suggest everyone check out the summary of this bill, available at link listed above by Hall. Here is a highlight:

    "A debt collector may not be held liable in any action brought under this title if the debt collector shows by a preponderance of the evidence that the violation resulted from good faith compliance with the Federal Rules of Civil Procedure; in the case of a proceeding in a State court, the rules of civil procedure available under the laws of such State; or a nonjudicial foreclosure proceeding"

    "Collection activities and communications may continue during the 30-day period described in subsection (a) unless the consumer requests the cessation of such activities"
  3. recka

    recka Active Member

    OK, I just went and read that proposal. I think I understood it, but not well enough to make a good argument against it. If somebody here were well versed in legalese, it might be helpful if they could summarize a logical argument against the bill. That way more of us could use these ideas to write to our own reps. I think it would increase the number of folks who would be willing to make the effort to let their rep know that they are against this bill.
  4. breeze

    breeze Well-Known Member

    Not there!??

    Copied this from the Thomas site:

    The text of HR2014 has not yet been received from GPO
    Bills are generally sent to the Library of Congress from the Government Printing Office a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.
  5. breeze

    breeze Well-Known Member

    Never mind. It must have had a space at the end of 2014. Got it.
  6. G. Fisher

    G. Fisher Banned

    There should be statutory awards for violations: At least $500 for each-- no preponderance, good faith, blah, blah, blah. They need to cut out the wishy-washy wording and the outs and backdoors collectors can slip through.

    It's a consumer protection law. The first paragraphs are aimed right at collectors.

    "There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors."

    If that's not true, that statement in the law should be changed, too. Is it true, or not?
  7. breeze

    breeze Well-Known Member

    Okay, breakdown and a few of my opinions on part of this amendment follows, but to comment on or paraphrase the second part I will have to go cut and paste a little and I don't have time right now.

    Unreasonable!! If they have not shown the debt to actually be that particular consumer's debt, why should they be allowed to continue pursuit?? This is insane. Especially considering what a victim of ID theft or fraud is already going through. They should continue to have to deal with collectors?? No way.

    Limits the amount your attorney can be paid to the amount you are awarded. Considering the other changes suggested, you would very likely not be able find an attorney willing to represent you if the case were taken to a higher court.

    If you refuse their settlement offer, and then are awarded less than or equal amount of the settlement, you cannot collect attorney's fees in addition to that amount.

    Comments so far??
  8. bbauer

    bbauer Banned

    Yes, I have a comment.
    It's about like the old saw when it is a cold day and raining hard which goes, "It's great weather if you are a duck."

    It's great legislation if you are a debt collector.
  9. keltexx

    keltexx Well-Known Member


    Anyone elses thoughts?
  10. breeze

    breeze Well-Known Member

    I think they don't want to take the time to read and decipher the complex sentence structure.
  11. metallicat

    metallicat Well-Known Member

    I am no longer a republican. Thanks to the impending economic collapse (Thanks George!) and their sleeping with large corporations, I will NEVER vote republican again.

    I'm not too fond of democrats, but at least they seem to sympathize with the people somewhat.
  12. breeze

    breeze Well-Known Member

    I am beginning to lean towards the libertarians, myself, LOL.
  13. bbauer

    bbauer Banned

    Lots of people are doing just that.

    I've been a member of the Libertarian for a long time but never have voted that way.
    I don't care for some of their policies that much, but they do seem to have some great ideas.
  14. edoggie

    edoggie Well-Known Member


    Did this bill ever get passed ? Please say no.

    SLOYAROLE Well-Known Member

  16. hmongster

    hmongster Well-Known Member

    I don't think it passed.There's a dispute between republicans and democrats over abortion protesters filing for bankruptcy to avoid court fines. The democrats don't want the protesters to be able to file bankruptcy. You would think they would have better things to debate on this issue but I guess special interest lobby groups control our mindless politicians.
  17. gib

    gib Well-Known Member

    It hasn't passed yet. It is however still pending.

  18. gib

    gib Well-Known Member

    It isn't tied to the bankruptcy reform legislation. This is totally different.

  19. Butch

    Butch Well-Known Member

    Come on in, the water's fine.

  20. Dani

    Dani Well-Known Member


    Anyone who knows me knows I am very pro capitalism and I think the responsibilty of an economy is on the people, for the people, by the people. One man (or party) cannot control it.

    Here is the post that I made at the MSN site a few weeks ago after getting in an agrument with someone. We argued that one person (unless your Louis XIV) cannot be responsible for today's dull (and sometimes disheartening economic forecast).

    *By the way I am a moderate. :)



    Is that clear? It is not a liberal economy. It is not a conserative economy. It is an economy...period. Clinton did not screw it up, Bush did not screw it up, we the people of the U.S. and the world screwed it up. Why? Many reasons, but all caused by a global or national growth or decline taking place....by people. Economies do not fall by themselves. It takes people to control them. People control supply and demand. People control the price index. People control whether to buy, sell, or do nothing. So if the economy stinks it is because of you, me and every other person on this Earth.

    For anyone who actually reads a newspaper the American economy slowly began sinking in June of 2000. I understand this is truly amazing for some since Clinton was still in office, but that is when the Nasdaq began tanking and growth began decreasing.

    Over the past couple of years we have had several mishaps...out of control inflation from such countries as Brazil and Argentina, September 11th, stock prices being overinflated compared to earnings, a spend, spend, spend attitude, slipping economic growth in Eastern Europe and Japan, a devaluing dollar, fighting in the Middle East, etc. All of these factors makeup our economy and is why it is the way it is.

    It is not controlled by the right, it is not controlled by the left.. For those that believe this I suggest a Macroeconomics class. The economy is more complex then any of us, but we as people do control it. Some economic matters are taken out of our hands; we can't help that South America is experiencing two (or three) digit inflations, but we must deal. By having a global economy we must deal with the growth and the decline, the good and the bad. As productivity increases growth takes place. When productivity stops or slows (as it is now) we sometimes see recession or depression (although depression is highly unlikely at this time).

    For those that believe the world is falling (and you know who you are) I suggest a blankie and a good bed to crawl under, because although the economic forecast is predicted to be a bit rougher and times are slow we are in no way truly suffering.

    Off my soapbox.


    PS Metallicat this isn't directed toward you, so I don't mean to offend. :) I just want to educate people that the economy is a people issue, not a party issue.

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