Inside Arm the newsletter for the debt collection industry recently reported that a revision to the Fair Debt Collection Practices Act was introduced into congress. Introduced by North Carolina Republican Walter Jones, Jr. a republican no less, as H.R.6706 — the Fair Debt Collection Practices Technical Correction Act of 2012 –was introduced on December 27, 2012. Since Mr. Jones was just reelected, and it is too late to vote on he bill for the outgoing congress of 2012, no doubt he has plenty of time to re introduce it in 2013.
bill, in my humble opinion, is really bad news for consumers. Here is why in a
nutshell. It completely re defines use of the word debt collector. Previously,
only original creditors were exempted from the consumer protective provisions
of this act. Meaning, they could freely call you, and harass you, and were also
exempt from all its other provisions. This bill however, will treat Attorneys
and their firms when acting as debt collectors to be treated just like the
original creditor. That means the
tactics of debt validation, constant calls are now on there side, and would no
longer offer protections to the consumer.
Here is the exact redefining language:
The term (debt collector) does not include –
(F) any law firm or licensed attorney–
(i) serving, filing, or conveying formal legal pleadings, discovery requests, or other documents pursuant to the applicable rules of civil procedure; or
(ii) communicating in, or at the direction of, a court of law or in depositions or settlement conferences, in connection with a pending legal action to collect a debt on behalf of a client; and…
This is good news for debt settlement programs offered by legitimate law firms, who will be the only ones left standing t offer the necessary protections to any consumer suffering serious debt problems. And that will be many more consumers as our dollar continues to lose buying power. The full text of this article can be viewed here: http://www.insidearm.com/daily/collection-laws-regulations/collection-laws-and-regulations/bill-to-amend-fdcpa-for-attorneys-introduced-in-u-s-house/?utm_source=WhatCountsEmail&utm_medium=2012%20Insider%20Daily%20and%20Weekender&utm_campaign=ARM%20insider%20-%201-3-13&_wcsid=0F13D47E3C6910F6CB50A88E434C7C1BD3D7CA1904B4C94B38801CF9AE393D2B
So, if you are dealing with a debt problem, and going forward think you can slow things down by asking for debt validation, ad filing suits for creditor harassment, let this be a word to the wise.
The ADE FREE Debt Help Phone Numbers:
Free Credit Counseling--- 877-766-2465
Student Loan Consolidation--- 877-766-2465
Free Bankruptcy Counseling-- 516-204-4640 (National Number)
Each of these numbers provides Free Counseling.
Yours TrulySteven Ciantro
American Debt Enders
Certified Credit Counselor
TalkShoe Radio Host
Member National Association of Certified Credit Counselors
Debt Expert for Gail Kasper's Top 1% Club
Gail Kasper's Top 1% Club