Theses, Dissertations, and Capstone Projects

Year of Award

1994

Degree

Master of Business Administration (MBA)

College

College of Business & Professional Studies

Degree Program

Business Administration

Department

Business Administration

Keywords

consumer, credit, court

Abstract

Collection agencies, attorneys, and some creditors have an obligation to conformed to the provisions of the Fair Debt Collection Practices Act (FDCPA). The Federal Trade Commission, when investigating FDCPA violations, often looks for violations involving the use of abusive collection techniques, as well as, fair credit reporting. Therefore, it is also essential that collection agencies keep abreast of the Fair Credit Reporting Act's provisions. The Fair Debt Collection Practices Act guarantees protection for the debtor under federal and state laws. The consumer may be responsible for the debt in which he incurred, but by law he is entitled to courtesy, respect, and privacy. The mission of the third party collector is to recover debt owed to the creditor. The creditor transfers the consumer debt to the third party collector, but the consumer or debtor is still protected from the abuses of the collector. All collectors must comply with the Fair Debt Collection Practices Act. The challenge is in the interpretation of the meaning of "comply" to the Act as it relates to the third party collector and the debtor. Part I of the thesis will discuss the history of the Fair Debt Collection Practices Act and the changes that have been made since its inactment. Part II will evaluate and explain the Act and give the interpretations of the Fair Trade Commission. Part III contains the evaluation of the definition of a third party collector and what is meant by debtors filing bankruptcy. Finally, in Part IV there will be a summary of- what it means to "comply" to the FDCPA. The purpose of my thesis is to evaluate the FDCPA and the rights of debtors of a consumer debt. The thesis will clearly define the requirements of third party collectors, and the regulation and restrictions of the Fair Debt Collection Practices Act.

Document Type

Restricted Thesis

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