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Fair Debt Collection Practices Act (FDCPA)

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FDCPA, Bankruptcy and the Oregon Consumer

Many of the Oregonians who come to us to file bankruptcy have been harassed by debt collectors for year. A significant portion of them are unaware that not only is there a mechanism for stopping many of those debt collectors in their tracks, but there is also a chance for a significant recovery for [...]


Technology and the Debt Collection Industry

In the last ten years, new technologies have revolutionized the debt collection industry, broadening the cope of operations from local and regional to national, and sometimes even to international. Technological innovation has facilitated the creation of very large, full-service debt collection operations, while simultaneously enabling smaller, niche-focused collection to become profitable. Automated dialing and interactive [...]


Fair Debt Buyers Practices Act Passes California Assembly so What About Oregon and Washington?

The California Assembly recently passed legislation creating significant new consumer protections against unfair debt collection practices. Specifically, the Fair Debt Buyers Practices Act requires debt buyers to substantiate the validity of a debt before they attempt to collect and requires that they direct their collection efforts at the proper debtor for the right amount. One hopes [...]


Dealing with Identity Theft in Washington or Oregon

Identity theft is an ever-growing issue in both Oregon and Washington, causing problmes with debt collectors and on credit reports. The criminals stealing your identity often open credit cards in your name and rack up massive charges, torching your credit score and barring your from making much needed future purchases . Bad credit scores can [...]


Collecting Consumer Debt From Third Parties

Under both the Fair Debt Collection Practices Act as well as the state consumer laws of Washington and Oregon, a collector may contact certain 3rd parties in connection with a consumer's debt. A collector may contact a consumer's attorney, the original creditor and its employees and legal counsel, the consumer's spouse or guardian, a co-debtor [...]


Collector is Contacting Me But I Hired An Attorney

Under the Fair Debt Collection Practices Act, a debt collector is specifically barred from contacting a consumer where the debt collector knows that the consumer is represented by an attorney with respect to the debt and can reasonably ascertain the attorney's contact information unless the attorney fails to respond within a reasonable period of time [...]


Consumer Debts Covered Under the Fair Debt Collection Practices Act

Courts have largely rejected a restrictive definition of the term debt allowing coverage of a broad spectrum of "consumer debts" beyond what you might normally expect including such diverse obligation as rent, student loans, utility and insurance bills,condo and attorney fees, judgements, debts already discharged in bankruptcy, car rental agreements and even campground memberships. Some [...]


Consumer and Business Debts and the FDCPA

Not all debts are covered by the Fair Debt Collection Practices Act. Consumer debts are the only debts that fall within the ambit of the Act. Though a collector may violate Washington or Oregon state collections laws by engaging in collections activity that would normally violate the FDCPA, if the debt itself is commercial rather [...]


When and Where Can a Collector Contact Me?

The Fair Debt Collection Practices Act limits the places and times for a collector to contact an Oregon or Washington consumer. The Act also severely limits third-party contacts and bars a collector from contacting a consumer represented by counsel. The presumption is that any phone call received between nine p.m and eight a.m was [...]


Fair Debt Collection Practices Act and Creditor Employees

You would think that the Fair Debt Collection Practices Act would apply to the employees of your Creditors. Why is that? The main reason seems to have been legislative deference to the political power of the credit industry. This means that a creditor's in house collectors attempting to collect debts in the company name are [...]