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for information on Fair Debt Collection Practices law and the gateway for
consumer debt collection information.
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The site
for information on Fair Debt Collection Practices law and the gateway for
consumer debt collection information.
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This site is maintained by Fair Debt Consultants, LLC in Austin, Texas. Manuel H. Newburger and Barbara M. Barron, the principals of Fair Debt Consultants, LLC are the authors of Fair Debt Collection Practices: Federal and State Law and Regulation. From this page you can connect to copies of the Federal Fair Debt Collection Practices Act, the Texas Debt Collection Act, and to the web sites of various collection industry organizations.
COMPANY PROFILEFair Debt Consultants, LLC provides specialized consulting services to the
collection industry. Our primary services are those of corporate training and
strategic consulting, but other available services include FDCPA compliance reviews,
employee testing, and assistance in the preparation and tracking of
license applications for collection agency licenses in various states.
Available Services
Training programs are intended to help businesses collect effectively while
staying within the bounds of the law. While a number of class formats are
available, the standard is a three-hour start-to-finish overview of the
FDCPA. That program includes a practical approach to compliance with the
mandates and prohibitions of the FDCPA, together with tips on how to collect
effectively while staying within the bounds of the law. Written materials are
available, but will be licensed for the client's internal use only.
Critical review of forms and procedures. Guidance in addressing fair debt
compliance. Assistance in establishing internal policies and procedures.
The fair debt equivalent of professional shopping, we will simulate debtor
inquiries and test the performance of collectors in dealing with consumers.
Subject to court approval (as applicable) Mr. Newburger or Ms. Barron will mediate individual and
class action FDCPA suits.
Strategic consulting is available for both individual and class action litigation. All such consulting is subcontracted to Barron, Newburger, Sinsley & Wier, PLLC, as Fair Debt Consultants does not provide legal services. Subject to court approval (as applicable), through Barron, Newburger, Sinsley & Wier, PLLC Mr. Newburger and Ms. Barron can provide litigation strategy consultation, litigation services, and/or expert testimony.
Fair Debt Consultants, LLC will assist collection agencies, debt buyers,
and attorneys with the preparation and tracking of license
applications in various states. THE FAIR DEBT COLLECTION PRACTICES ACTThe Fair Debt Collection Practices Act was adopted by Congress in 1977 for the purpose of eliminating abusive practices by debt collectors, ensuring that those debt collectors who refrain from using abusive debt-collection practices are not competitively disadvantaged, and promoting consistent state action to protect consumers against debt collection abuses.The Act allows individual consumers to act as a "private attorneys general," enforcing statutory rights that state and federal government agencies do not have the time, inclination, or money to address. The Federal Trade Commission is charged with enforcement of the Act, and the FTC has issued a Staff Commentary that sets out its interpretations of the Act. The Commission also provides an annual report on the Act to Congress, and in March, 2000, the Commission issued its first formal opinion on the Act. OTHER FAIR DEBT COLLECTION LAWSThe FDCPA is a federal law that applies to collectors of consumer debts in all U.S. jurisdictions, except for the State of Maine. (In 1995, Maine was granted an exemption pursuant to Section 817 of the Act.) However, many states have their own debt collection practices statutes that apply to debt collectors in addition to the FDCPA. Fair Debt Collection Practices: Federal and State Law and Regulation contains an extensive analysis of state debt collection practices statutes. For a sample, click here to see the Texas Debt Collection Act. In addition to the "fair debt" statutes that have been enacted by various state legislatures, there are also regulations that apply to debt collectors in many states. These regulations are usually creations of the collection agency licensing boards or other agencies charged with oversight of debt collectors. The regulations, too, can usually be found in Fair Debt Collection Practices: Federal and State Law and Regulation. COLLECTION INDUSTRY ORGANIZATIONSThere are a number of "self-policing" collection industry organizations. Among these are the Commercial Law League of America (CLLA), the Commercial Collection Agency Association, the National Association of Retail Collection Attorneys (NARCA), the ACA-International (formerly the American Collectors Association), and the Consumer Data Industry Association. Each of these organizations represents a different segment of the industry, and each undertakes education and lobbying efforts on behalf of its members. CONSUMER PROTECTION ORGANIZATIONSIn addition to the various state agencies that regulate and oversee collection agencies, a number of consumer protection organizations also have an interest in fair debt collection practices. Among these are the National Consumer Law Center (NCLC) and the National Association of Consumer Advocates (NACA).
Contact Information
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Send mail to
mnewburger@fairdebt.com
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