Here is the link to the page if anyone is interested: http://moneycentral.msn.com/community/message/board.asp?board=YourMoney For some reason it won't let me paste the thread, but click on General Forum, scroll down and click on Previous 50. It is under the title heading "Bush heading us into a double dip recession" Dani
The thing that many otherwise well informed people always seem to forget about politics is that the LOCAL political offices affect their lves more than the National ones. From State taxation and spending and Consumer Protection State laws that are ENFORCED, to locally elected Judges who will be the ones deciding YOUR fate,to State Legislators who will (or not) pass better BK protection and exemptions if the Fed. (read MBNA) BK act is passed, your personal credit, health and family's future are in the hands of LOCAL elected offices.
Sorry on advance for the lengthy post but this infuriates me! Below is the letter that I sent to my Rep. I encourage all of you to write your Officials about this and I have included the link to find them below. Also check out http://thomas.loc.gov/cgi-bin/bdquery/z?d107:HR02014:@@@P which lists the co-sponsors of the bill. It is quite a who's who in reps. http://www.house.gov/writerep/ My letter was: I am writing you in regard to HR 2014, which is a bill that proposes changes to the Fair Debt Collection Practices Act. I am and have been a registered voter and believed that the process although flawed at times, does work and that it is both our right and obligation to participate in that process. It is for that reason that I am appealing to you, my elected representative, to speak on behalf of the average person and oppose this bill. On face value some could contend that these changes proposed are harmless. But having really read them the fact is that they propose to take a great deal away from an already too lax law when it comes to consumer protection. This bill proposes: A) Allowing debt collectors to take collection action within the first 30-days of the initial notification of a debt. This is a problem because it places a burden of having to contend with a collector's tactics before the collector has even validated that the debt is indeed the responsibility of the person they are contacting, squarely on the shoulders of the consumer. In this day and age of rampant identity theft, there should be no latitude given to collectors in this instance and they should indeed be required to refrain from collection activity during this period. The only purpose served by this provision is to allow debt collectors the ability to possibly collect money they are not due before substantiating the debt and then placing the burden on the consumer to navigate their processes for rectifying the situation later should the debt remain un-validated. B) Limiting the attorney fees awarded to the amount awarded the consumer. It is unfortunate that the average consumer must often times employ the services of an attorney to protect their rights. It is equally unfortunate that there remain only a handful of attorneys willing to represent "the little guy" on a contingency basis. Should this provision pass the average consumer would be hard pressed to find adequate legal representation to protect the rights that are violated by much larger and often more financially solid companies that can afford to engage the "big guns" to fight for them. This provision will serve to make obtaining adequate legal representation extremely difficult and the enforcing of the rights the FDCPA mandates which is polar opposite the foundation of the entire act. C) Disallowance of certain fees in the event of a settlement offer. This is the most frightening portion of the bill. This appears to me to allow the consumer to be punished for not settling with a debt collector. Due process is our right and for the consumer to, in effect, be punished in any way for not bowing to the offer extended by the larger collection agency is outrageous! As in any other matter, if an offer is extended and rejected there is a risk being taken by both parties. If the consumer losses he can be sued for the defendantâ??s legal fees without cap or protection. Why should that not be extended to Collection Agencies as well? So in essence the consumer must not only be harassed, damaged by the misreporting and bear the time and expense of a court proceeding but if they win they should also be dictated to by the defendant should they prevail. An offer is just that an offer. If it is unaccepted then there should be no punishment to the plaintiff if the defendant is proven wrong! D) The provision for bona fide errors and factors for consideration. This language only serves to weaken the FDCPA and its effectiveness in protecting consumers. The language should be clear that a violation is just that a violation. There is enough money made from fees and interest in the collection industry to cover the expense of staff to insure that the consumerâ??s rights are not violated. The entire FDCPA was created because there was then and according to reports by the FTC continues to be, infractions of this law. If the â??good faithâ? of the collection industry were in place there would be no continued rise in FTC complaints of violations. All too often over time language of bills meant to protect the public become watered down to the point where there is no recourse for the citizens. This provision is a fine example of that. I am just a single voter and donâ??t have the deep pockets of the corporations that can employ lobbyists to tell the convincing story as to why the â??poor little old collection agency needs protection from the big bad consumer and their mean old attorneysâ?. Therefore I am doing what I can do which is to write to you and use the Internet to spread the word that while we are fighting terrorism abroad, our rights in the US are being quietly lobbied away unless we speak up. This Bill in concert with the proposed changes to the bankruptcy laws will set the consumer back decades at a time when the economic situation for most Americans is bleak. It is my hope that my appeal to you will give you the ammunition to fight for us. Thank you for your time. Sincerely, MiMi
I have sent out an e-mail to my address book letting them know about the proposed bill and the link to write their Reps too. So far people seem prett bothered by this
Actually, the House of Representatives is beginning to amend the FDCPA. Go to www.clla.org for some details. Scroll to about the middle of the page to find the FDCPA amendments.
