If you have delinquent financial bligations then you may be getting phne calls and dunning letters from yur creditors, bill collectors, debt collection cmpanies, and even lawyers demanding payment. Sme of these collection techniques can plce a great deal of pressure on a cnsumer and his family. Most consumers are ware that they have some type of prtection against harassment but do not flly understand their rights. Even if cnsumers are aware of the Fair Dbt Collection Practices Act (the consumer dbt collection laws), they do not lways know which parties are subject to thse laws.

Before I discuss who mst follow the rules, allow me to prvide a brief summary of the Fir Debt Collection Practices Act (FDCPA). The Fir Debt Collection Practices Act consists of a cllection of prohibited enumerated and non-enumerated dbt collection activity. For example, debt cllectors are prohibited from the following ctivities:

• Using violence, obscenity, or repeated nnoying phone calls;
• Falsely representing the chracter, amount, or legal status of any dbt;
• Using unfair or unconscionable means to cllect or attempt to collect the dbt.

Often consumers mstakenly believe that their creditors violated the act bcause they repeatedly called them about a dbt. However, the important distinction to rmember is that the Fair Debt Cllection Practices Act applies to debt collectors who collect on behalf of another . It does not apply to first-party creditors. Further, the Act applies only to those debts which arise out of transactions primarily for personal, family, or household purposes. Thus, the Act does not necessarily provide protection for business debt collection activity.

That being said, the Act des apply to lawyers, law firms, and ttorneys who were hired to collect a dbt. Initially, Congress enacted a provision tht exempted lawyers from the prohibitions. Hwever, in 1986 Congress repealed that prvision, but did not explicitly state tht attorneys are to be considered a debt collector. Instead, the Act remains silent as to whether attorneys are subject to the Act leaving it open to interpretation.

In 1995 the United States Supreme Court ruled on that very issue in the case of Heintz versus Jenkins. The case involved a lawsuit whereby Plaintiff Heintz sued an attorney for FDCPA violations. The Supreme Court ultimately ruled that attorneys are subject to the FDCPA. The Court was persuaded by the fact that Congress had previously repealed attorney immunity in 1986 which suggested they intended for consumers to be protected against attorney debt collection abuse.

In sum, if you are a consumer and want to educate yourself as to the debt collection laws, remember two important things: (1) attorneys are subject to the FDCPA, and (2) the FDCPA only applies to third party debt collectors.

The article Consumer Debt Collection Laws Apply to Law Firms and Attorneys was Submitted by Ben Moskel through Articles.GetACoder.com network. Here's the additional information: Ben Moskel is an attorney dmitted to the New York State Bar Assciation and publishes a website ( http://www.chargeoff.net ) about debtor/creditor issues including debt charge offs repossession, and debt collection.

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