Fair Debt Collection Practices Act

Why Are Some Creditors So Stupid? “The Grand Illusion”

by Russell A. DeMott, Charleston Bankruptcy Lawyer

I’ve been thinking of some of the bizarre things I’ve seen creditors do lately.  You’ll find a lot written about abusive creditors, mean creditors, heartless creditors, and law-breaking creditors here at Bankruptcy Law Network.  But what about stupid, self-destructive creditors? It’s obviously bad to violate the Fair Debt Collection Practices Act or the Bankruptcy Code’s [...]

Can I Fight Back Against Harassing Bill Collectors?

by Peter Orville, Binghamton Bankruptcy Lawyer

You can fight back against bill collectors.  One man, from Parsons, Tennessee got so mad at a collection agency trying to collect an old debt that he decided to use some of their own tactics against the bill collectors themselves.  Newschannel 5 in Nashville reports that Randy Falkner fought back.  First Faulkner sent the collection agency a certified letter [...]

Fair Debt Collection Practices Act Terms Defined. What is “Credit”?

by Kevin Gipson, New Orleans Bankruptcy Attorney

The Fair Debt Collection Practices Act (FDCA) does not specifically define the term Credit.  However as with many other terms used in the FDCA, the Act relies on the definitions contained in the Equal Credit Opportunity Act (ECOA). Under the ECOA “Credit” is defined as either: The right to defer payment of a debt; or,  The [...]

What does the term Adverse Action mean? The Fair Debt Collection Practices Act (FDCA)  and the Equal Credit Opportunity Act  (ECOA) use the same definition for Adverse Action. Adverse Action includes any of the following: The refusal to grant credit in substantially the amount or on substantially the terms requested; Termination of credit or an [...]

Phony Collectors Steal Identities, Bank Balances

by Jill Michaux, Kansas Bankruptcy Attorney

Phony debt collectors are making telephone calls to gain personal information and then stealing money by making unauthorized withdrawals of money from bank accounts, the Maryland Better Business Bureau warns, The BBB suggests you get the name, address and telephone number of the caller and then verify the debt in writing with the original creditor.  [...]

This is an excellent video posted to YouTube by prominent FDCPA attorney Peter Barry and taken from his appearance on the Mike and Juliet Show, a morning television show produced by Fox.  The video is interesting and instructive for several reasons.  It starts out with interviews of consumers who have been victims of unethical debt [...]