Is there a diference if a law firm is acting as a collection agency?Or do they fall under the same guidlines.
It depends, if they handle several collection accounts for various clients,or if the bulk of their business is in collections for one client,then they are subject to all the FDCPA rules.The caselaw has put the burden of proof on them to prove they are not mainly "collection lawyers" ths involves their producing their files from all their clients, so- to avoid that they are following the FDCPA law (unless they are dumb crooks who can be reported to the bar assoc. for violations)
I know that some states require debt collectors to be registered. A subset of these states exempt lawyers who collect. According to Minnesota, the state bar supposedly governs their conduct. Sounds like some lobbyist earned her paycheck with that one! On a related note, I'm dealing with a CA in California that is "associated" with a lawyer. Well I did an internet search and said lawyer has been denied by at least 2 states from practicing due to a morals clause. One of the issues is unpaid debts!!! I'd love to go up against him in court! Cheers
