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First Major Regulatory and Legislative Victory of 2005 for
Creditors and Consumers
Under the Fair Debt Collection Practices Act, collectors are
not allowed to disclose a consumers past due debt to anyone other
than the debtor and in some cases a spouse. The Telephone
Consumer Protection Act would have required collectors to
identify the registered name of their business in any
pre-recorded messages to consumers or debtors. Since the name of
many collection agencies indicates that they are a debt
collection agency or that they are calling for the purpose of
collecting a debt, this would have caused them to violate the
FDCPA. The TCPA creates unworkable contradictions with collectors
and creditors who are following the Fair Debt Collection
Practices Act.
The Telephone Consumer Protection Act (TCPA) of 1991 was
created in response to consumer concerns about the growing number
of unsolicited telemarketing calls to their homes and the
increasing use of automated and prerecorded messages. The FCC has
rules to aid consumers who wish to limit these uninvited calls.
On June 26, 2003, the FCC revised its rules implementing the TCPA
and established, in coordination with the Federal Trade
Commission (FTC), a national do-not-call registry.
The term "telephone solicitation" does not include calls or
messages placed with the receiver's prior expressed permission,
by or on behalf of a tax-exempt non-profit organization, or from
a person or organization with which the receiver has an
established business relationship, such as a creditor or a
collection agency. An established business relationship exists if
you have made an inquiry, application, purchase, or transaction
regarding products or services offered by the person or entity
involved. Consumers, who add their number to the Do Not Call
list, will not stop collection calls. This will only stop
unsolicited telemarketing calls.
Congress and the Federal Communications Commission (FCC) will
be reducing the abuse of the legal system through frivolous
lawsuits. Also, the U.S. Senate approved a bill to reform class
litigation. ACA International has been instrumental in getting
these changes made. ACA International has used its over 5,300
members to help build support for this bill in order to reduce
the number of frivolous lawsuits filed against companies and
collection agencies including ACA members.
Michelle Dunn is the Author of the FREE e-book How to Help You
Get Paid, Credit & Collection Forms and Letters. She has also
written and published How to Make Money Collecting Money,
Starting a Collection Agency that is available from http://www.michelledunn.com and
all major bookstores. For more information on Starting a
Collection Agency, order her book for immediate delivery or sign
up for her consulting services to start your own agency. Michelle
opened and ran her own very successful collection agency for 8
years. She has over 17 years experience in debt collection. To
sign up for Michelle's FREE online networking group visit
http://www.credit-and-collections.com.
Get FREE forms and tips for starting your own agency.
Please visit http://www.michelledunn.com for
information on her consulting packages for Starting a Collection
Agency or Starting a Home Based Business.
MORE RESOURCES:
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