I was just reading over the FDCPA and notice now that the FTC website (which I always go to in order to view the FDCPA) changed its format. It used to look like the FCRA's webpage format (http://www.ftc.gov/os/statutes/fcra.htm) but now looks like this (http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm). I am asking because, I noticed a couple changes (or at least what I think are changes) that I don't remember seeing previously. 1) I thought the SOL to file suit for FDCPA violations was two years like the FCRA. According to Section 813(d), it is only one year. Has it always been one year? 2) I never remember seeing section Section 813(c) which states that a debt collector can't be sued under the FDCPA if they can show by a preponderance of evidence that the violations were not intentional. Maybe these items were always in there and the new webpage format has me mixed up but they seem new.
Sunhawk, If you read the FCRA and then bounce over to FDCPA, don't be surprised if you notice a "few changes". ~ .
Only the FCRA has been amended, Sunhawk, and only those portions relating to the states is effective on 12/31. The SOL for filing FDCPA violations has always been 1 year (the FCRA has just been updated to 2 years). The non-intentional provision has always been there and doesn't say they can't be sued -- it is specific to that section and the finding of liability. What are you referring to Butch????? There have been NO changes to the FDCPA, it hasn't been amended. Jazkal link, showing recent amendments to the FCRA in blue: http://www.moo3mods.com/FCRA2003.htm FTC published amendments incorporated into FCRA -- can't tell old from the new: http://www.ftc.gov/os/statutes/031224fcra.pdf FCRA (presently effective and pre-amendments): http://www.ftc.gov/os/statutes/fcra.htm Effective dates press release: http://www.ftc.gov/opa/2003/12/fyi0372.htm First, the Interim Final Rules establish December 31, 2003, as the effective date for provisions of the Act that determine the relationship between the FCRA and state laws and provisions that authorize rulemaking authority for the agencies. Second, the Notice of Proposed Rulemaking proposes an effective date of March 31, 2004, for provisions that do not require changes to business procedures. For all other provisions, the proposed effective date would be December 1, 2004. Related CNet thread linked above by LBrown. Additional link on changes: http://www.creditboards.com/phpBB2/viewtopic.php?t=18169&postdays=0&postorder=asc&start=0 FDCPA (last amended in 1996): http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm Sassy
Sassy, when it comes to trying to communicate with me, you're not even making coherent sense anymore. To point out the difference between the FCRA and FDCPA covers it. It was meant to be an "AHA" moment, like "OH YEAH" FCRA vs. FDCPA. No wonder there's a difference - DUH! An "AHA" moment I guess you missed. Where did I say the FDCPA had been changed? .
Re: Re: Has the FDCPA been updated recently What doesn't make sense, Butch, I asked what you were referencing. You can't make a reference as you stated so you've decided I don't type coherently???? The title of this thread is: "Has the FDCPA been updated recently" Sunhawk said he had noticed a formatting difference in the FDCPA. Then makes 2 specific references to provisions in the FDCPA that he doesn't recall reading before -- together with the title, asking if there had been an amendment. LBrown references the recent amendments to the FCRA and links a recent thread on the same. You said: Sunhawk, If you read the FCRA and then bounce over to FDCPA, don't be surprised if you notice a "few changes". I'm not seeing an aha moment nor where you pointed out the differences in anything. The thread reads as if you were saying there were changes to the FDCPA based on those made to the FCRA. As was the title, topic and responses up until the missed aha moment. Sassy
