Unfair Practices and Practicing Attorneys: Should the Fair Debt Collection Practices Act Apply to Communications between Debt Collectors and Debtors' Attorneys?

Authors

Yosefa A. Englard

Document Type

Note

Abstract

(Excerpt)

This Note proceeds in three parts. Part I discusses the history of the Act and Congress's intent behind its enactment. Part I also analyzes some of the Act's provisions relating to debt collectors. Part II examines in detail the three current approaches taken by the circuit courts for determining the applicability of the Act to communications between debt collectors and debtors' attorneys. Part III argues that none of the current approaches appropriately resolves the issue. Additionally, Part III proposes a simple two-step inquiry for courts to employ when attempting to resolve whether communications toward a debtor's attorney are actionable under the Act. Part III concludes by demonstrating how this two-step inquiry properly balances Congress's intent to protect consumers without placing too heavy a burden on legitimate debt collection.