Update: Avoiding Fair Debt Collection Practices Act (FDCPA) Claims


"UPDATE: Avoiding Fair Debt Collection Practices Act Claims."

The collection of debts and judgments is a challenge for most businesses even when the economy is healthy. However, during times of economic slowdown and recession; attorneys, credit and collection managers, presidents, vice presidents, business owners and managers, insurance professionals, lending professionals, bankers and accountants will face a higher volume of slow-pay and no-pay problems with customers.

This article is designed to provide an overview of the FEDERAL FAIR DEBT PRACTICES ACT (the “FDCPA”); an explanation of key terms and definitions under the FDCPA; practical guidance on how the FDCPA applies to collection letters; a discussion of recent cases involving claims arising from the use, or misuse of collection letters; and practical forms and checklists for ensuring compliance with the FDCPA. This article is critical for attorneys and businesses who want to implement successful collection procedures, while avoiding claims under the FDCPA.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Curt Langley, Jackson Walker LLP | Attorney Advertising

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