Mslade, you have some valid points about the confusing Foti rulings, but I think you are wrong about the TCPA. This law has always applied to debt collectors, politicians, and even charities with respect to cellular phones. And it's not just one judge who has ruled in this way. The FCC and the courts have repeatedly affirmed it.
Are you suggesting collectors should be allowed to robocall cell phones of people who don't even owe the debt? What kind of backlash will there be against the collection industry when one of these misdirected robocalls contributes to a car accident or interrupts a senator during a meeting?
mslade, our apologies, we realized our response to you was for another commenter talking about cell phones. We hope you will continue to comment on the proposal. At this stage, CFPB is looking for info on problems consumers and responsible debt collectors are having. CFPB doesn’t have legal authority over absolutely every aspect of debt collection, and rules about collection litigation are a complicated mix of state law and federal law. But as CFPB moves to the next stage (coming up with specific proposals for new rules), it will be carefully considering what you and other commenters say here.
Dear Mslade,
I have not encountered a situation in which the bill collector is hired by a business for many decades now.
Usually the debt collector has bought the debt, usually for pennies on the dollar, from the original creditor.
I also disagree that the law provides a way for consumers to steal from businesses. If anything, I would say we have become in danger of reverting to the tyranny of Dickens' time, where a person and that person's family, including children, would be imprisoned for debt.
Surely we can agree on reasonableness when it comes to how we treat each other, whether debtor or creditor?
collectorfrmoklahoma
1
very well said mslade, agree 100%.
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sw_in_the_midwest
2
Mslade, you have some valid points about the confusing Foti rulings, but I think you are wrong about the TCPA. This law has always applied to debt collectors, politicians, and even charities with respect to cellular phones. And it's not just one judge who has ruled in this way. The FCC and the courts have repeatedly affirmed it. Are you suggesting collectors should be allowed to robocall cell phones of people who don't even owe the debt? What kind of backlash will there be against the collection industry when one of these misdirected robocalls contributes to a car accident or interrupts a senator during a meeting?
View this comment in the discussion thread
Moderator
3
mslade, our apologies, we realized our response to you was for another commenter talking about cell phones. We hope you will continue to comment on the proposal. At this stage, CFPB is looking for info on problems consumers and responsible debt collectors are having. CFPB doesn’t have legal authority over absolutely every aspect of debt collection, and rules about collection litigation are a complicated mix of state law and federal law. But as CFPB moves to the next stage (coming up with specific proposals for new rules), it will be carefully considering what you and other commenters say here.
View this comment in the discussion thread
Marian
4
Dear Mslade, I have not encountered a situation in which the bill collector is hired by a business for many decades now. Usually the debt collector has bought the debt, usually for pennies on the dollar, from the original creditor. I also disagree that the law provides a way for consumers to steal from businesses. If anything, I would say we have become in danger of reverting to the tyranny of Dickens' time, where a person and that person's family, including children, would be imprisoned for debt. Surely we can agree on reasonableness when it comes to how we treat each other, whether debtor or creditor?
View this comment in the discussion thread