Tuesday, June 06, 2006

A Look at The FTC Opinion on the FDCPA with a Reply From The American Collectors Association

Lets look at the 2004 FTC report to Congress,

page 75:

“For collection accounts, the notice may be somewhat more useful. Although collection agencies do not have established relationships with consumers, they contact consumers in order to collect payments and often inform them that negative information will be reported to a CRA.214 Some debt collectors, however, do not notify consumers that they are reporting negative information to a CRA.215 Moreover, the collector may not be licensed to do business in the state in which the consumer resides, and therefore collectors believe that they could not legally initiate contact with the consumer through a negative information notice.216”

The FTC then references the COLLECTORS’ organization Comment Letter on Matter No. R411013, ACA International

The FDCPA REQUIRES collectors to notify consumers of their right to dispute.

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