OverviewWhen it was enacted, the Federal Debt Collection Practices Act was a well-intentioned and necessary piece of litigation supported by consumer advocates and the collection industry alike. But as with many such laws, the breadth of the FDCPA’s consumer protections carried the potential for serious abuse by debtors and their attorneys. In today’s political and economic climate, that potential for abuse has become a reality. Borrowers who cannot or do not want to repay bona fide debts to creditors have only to search for “debt collection” on the internet to be presented with a host of offers to lawfully avoid repaying what they borrowed, and to make a tidy profit in doing so. These reference materials will examine the FDCPA and similar state laws, shed some light on the ways debtors and their attorneys are using those laws as a weapon, dcover what a collector can do to avoid collection harassment suits before they happen, and finally look at how to deal with these suits when they are ultimately filed.
AuthorsGregory S. Korman, Katten Muchin Rosenman LLP
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