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Most people, given the opportunity, want to pay their bills. Some unscrupulous businesses, however, have committed themselves to abusing consumers. Rather than working with consumers to reduce debt, these unscrupulous businesses take advantage of anyone that deals with them. Federal and state law protects consumers from these businesses.

Thursday, October 27, 2011

Debt Collection Calls from an Attorney

Debt Collection is often conducted by companies or agencies whose principal business is collecting debts for others. However, debt collectors can also come in the form of individuals—including attorneys. The FDCPA explains that a “debt collector” can be any “person” who regularly collects or attempts to collect debts for others or uses interstate commerce or mail in any business for which the principal purpose is collection of debts. FTC commentary on the FDCPA as well as various courts have explained that the FDCPA’s definition of debt collector may extend to attorneys whose business generally includes collecting debts for others. In these instances, attorneys would be subject to the same FDCPA prohibitions as debt collection companies. If an attorney has taken any prohibited action while attempting to collect a debt from you, you may be entitled to relief under the FDCPA.    -Meredith Phillips (205) 912-8244

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