But courts have held that it is a violation of the Fair Debt Collection Practices Act
to sue or even threaten to sue on debt that has passed the applicable statute of limitations.
Under the Fair Debt Collection Practices Act
, debt collectors are prohibited from engaging in harassing, oppressive or abusive conduct in connection with the collection of a debt.
In an opinion that's been characterized by some practitioners as "out there," a three-member panel of the Third District of the Illinois Appellate Court has presented as its holding that landlords must comply with the Fair Debt Collection Practices Act
when attempting to collect past-due rent from their renters.
For example, under the Fair Debt Collection Practices Act
, a 30 day notice must be served where an owner seeks to recover rent from a tenant.
The primary federal law governing third-party debt collection is the Fair Debt Collection Practices Act
(FDCPA), which contains provisions on how collectors can communicate with consumers and prohibits collectors from using abusive, deceptive, and unfair collection practices.
The Federal Reserve has authority to examine nonbank subsidiaries for compliance with the Truth in Lending Act, the Equal Credit Opportunity Act, the Home Ownership and Equity Protection Act, the Fair Credit Billing Act, the Consumer Leasing Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act
, the Home Mortgage Disclosure Act, the Truth in Savings Act, any rules promulgated pursuant to the Federal Trade Commission Act, and the Real Estate Settlement Procedures Act.
In the course of those collection efforts, EMC allegedly violated the Fair Debt Collection Practices Act
by contacting homeowners with phone calls for debt amounts they didn't necessarily owe, and even resorted to "false representations" to gain access to borrowers' homes -- sending out "property inspectors" who were actually debt collectors seeking to confront borrowers.
It was at this point in the conversation that I relied on what I knew about the Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act
also applies to PCAs, and taxpayer protections statutorily applicable to the IRS were extended to PCAs.
An attorney who sent form-based collection letters to delinquent credit-card holders without sufficiently reviewing their files is liable under the federal Fair Debt Collection Practices Act
, the Seventh Circuit Court of Appeals has ruled.
Although under the Fair Debt Collection Practices Act
(a 1977 federal law that, to their credit, most collection agencies follow fastidiously) debtors may request not to be called at work, rarely are they aware of this right.
To represent these clients adequately, legal assistance attorneys must be intimately familiar with the Fair Debt Collection Practices Act