By Nerino Petro at 9 August, 2008, 9:20 am
The ISBA Mutual Insurance Company recently posted an article on their website titled 'Debt Be Not Proud' providing an introduction to the Fair Debt Collections Practices Act. As a former collections attorney, I saw how easy it can be for attorneys to be guilty of a technical violataion and to have a defendant's attorney file suit in federal court for such a violation. Suddenly, the hunter becomes the hunted and the collection attonrey is having to defend themselves in a non-sympathetic forum. Even minor tehcnical violataions can rapidly result in a judgment of several thousand dollars without any actual harm being done.
Even if you only do one or two collection cases a year (maybe especially if you only do a few) you need to review this article and to further self-educate yourself about the requirements of the FDCPA.