Expert: Ray A Miller - 12/6/2008

Question
QUESTION: What are the key factors a collector should know or remember about FDCPA?

ANSWER: Jamie,

There are many--do you want them all or do you have a specific area you need info on?  To get a complete over view, Google FDCPA.  If you have a general area, send me a follow up and I will give all of the info I can.  I do train the FDCPA but, it takes a day and a half including the test.  Again, I am willing to share any information I have so let me know and I will do what I can!

---------- FOLLOW-UP ----------

QUESTION: I'm applying for a new position which I would have to do court appearance for High Debt Age Collections. knowing the key elements of the FDCPA Law would help me win the hiring team over.

Answer
The FDCPA is a fairly complicated regulation but, here are some key points:

1.  You can not contact a consumer before 8 AM and after 9 PM (their time).
2.  You can not threaten any action which you do not intend to do, is not legal or that you do not have authority from your client to do.

3.  The Mini-Miranda must be given in the first written and oral communication and some states require it ever time.  It states, "This is an attempt to collect a debt, any information obtained will be used for that purpose."  On EVERY communication the statement that the communication is from a debt collector must be given in writing or orally.
4.  Documentation is KEY.  If it is not documented, it did not happen. This is very important since you will be doing court appearances.

There is a ton of information you can Google under FDCPA that I do not have the capability to type here.  I do hope you have found this helpful and good luck with your interview.  The website you need is:  
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf (this one I would print and study).  Another helpful website is: http://www.expertlaw.com/library/consumer/fair_debt_collection.html.

Again, good luck with your job search.