NCJ Number
54900
Journal
South Dakota Law Review Volume: 23 Dated: (SPRING 1978) Pages: 452-477
Date Published
1978
Length
26 pages
Annotation
THE PROVISIONS OF THE FEDERAL FAIR DEBT COLLECTION ACT ARE DISCUSSED WITH EMPHASIS ON THE PROTECTION THEY SUPPLY TO CONSUMERS AND THE PROBLEMS THEY POSE IN THE CREDIT INDUSTRY.
Abstract
IN ORDER TO ESTABLISH STANDARDS OF CONDUCT FOR DEBT COLLECTORS AND TO PROVIDE REMEDIES TO CONSUMERS INJURED BY THE VIOLATION OF THOSE STANDARDS, CONGRESS ENACTED THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT. THE ACT INSURES THAT COLLECTIONS OCCUR IN A CIVIL MANNER, AND ITS APPLICATION IS LIMITED TO INDEPENDENT DEBT COLLECTION AGENCIES WHOSE PRINCIPAL ACTIVITY IS THE COLLECTION OF OTHERS' DEBTS. THUS THE ACT DOES NOT APPLY TO PERSONS WHO OCCASIONALLY COLLECT ON ANOTHER'S ACCOUNT OR PAST DUE LOAN. ADDITIONALLY THE ACT FUNCTIONS ONLY IN CIRCUMSTANCES INVOLVING INTERSTATE COMMERCE; THE COLLECTOR'S ACTIVITIES CONFINED WITHIN ONE STATE DO NOT APPEAR TO BE COVERED BY THE PROVISIONS OF THE FEDERAL STATUTE. THE INTERSTATE COMMERCE REQUIREMENT PROVIDES A MEANS OF CIRCUMVENTING THE LAW, ALTHOUGH THE USE OF THE MAILS AND THE PHONE SYSTEMS COULD TRIGGER THE NECESSARY FINDING OF ACTION WITHIN INTERSTATE COMMERCE. ACTUAL DAMAGE MUST BE SUFFERED BY CONSUMERS IN ORDER FOR THEM TO SUE UNDER THE ACT; THUS NUISANCE ACTIONS ARE PREVENTED, AND ENFORCEMENT IS LIMITED TO THE MORE BLATANT ABUSES. IT IS BELIEVED THAT THE ACT WILL PREVENT, OR AT LEAST AMELIORATE, THE EFFECTS OF UNCONSCIONABLE ACTS BY THE COLLECTION INDUSTRY, WHILE STILL PERMITTING CREDITORS TO EXERCISE THEIR RIGHTS TO RECOVERY. IF IT CAN ACCOMPLISH THESE AIMS WHILE AVOIDING SIGNIFICANT INCREASES IN LITIGATION AND CREDITORS' COSTS, THE LEGISLATION WILL CONTRIBUTE GREATLY TO THE PUBLIC WELFARE (TWK)