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Collection Attorney Changes

collection attorney

US Senator Pat Toomey has introduced a bill that encamps FDCPA collection attorneys under certain circumstances.

That bill offers a highly technical fix to the FDCPA that would exclude from the definition of “debt collector” any law firm or licensed attorney:
  1. serving, filing, or conveying formal legal pleadings, discovery requests, or other documents pursuant to the applicable rules of civil procedure; or
  2. communicating in, or at the direction of, a court of law or in depositions or settlement conferences, in connection with a pending legal action to collect a debt on behalf of a client.
Introduced in late July 2013, HR 2892 got some press recently as more Representatives signed on as co-sponsors.
The House bill has been heavily supported by NARCA. The group has noted that the bill offers a very technical fix to the FDCPA and would apply only when collection attorneys are “engaged in litigation practice within the purview of a court.” All other communications from collection attorneys must still comply with the FDCPA, according to the group.
The Full article can be found here.