If your business extends credit to its customers or allows the purchase of goods and services on account, you should be aware of your customers’ rights under the federal Fair Debt Collection Practices Act (FDCPA). The FDCPA requires that debt collectors treat debtors fairly, and prohibits certain methods of debt collection.
First and foremost, it is important to understand that the FDCPA generally applies only to third-party debt collectors. However, some states have enacted consumer protection statutes that provide greater protection, which includes the conduct of the original creditor. Below are frequently asked question regarding the FDCPA.
What debts are covered? Family, personal and household debts are covered under the Federal Debt Collection Practices Act. These debts include money owed for the purchase of an automobile, for medical care, or for charge accounts.
Who is a debt collector? A debt collector is usually any person who regularly collects debts owed to others. Debt collectors can include attorneys who collect debts on a regular basis. Remember that the FDCPA applies only to persons who regularly collect debts owed to someone else, but not to creditors collecting their own debts.
It is important to note that the FDCPA likely will not apply to your business itself as it contacts delinquent customers, but will apply to any debt collection agency that your business hires to collect outstanding debts.
Contact Andrew Weisblatt
Collecting unpaid debts are essential to the success of any business. Texas attorney Andrew Weisblatt is a skilled Houston B2B business collections attorney who understands how to effectively collect from businesses that may be reluctant or unable to pay their outstanding financial obligations. To schedule an appointment with Mr. Weisblatt, call our Houston office today at 713-666-1981.
Sources
https://smallbusiness.findlaw.com/business-debt-and-bankruptcy/small-business-debt-collection.html
https://www.avvo.com/legal-guides/ugc/monitoring-and-collecting-your-accounts-receivable
https://www.law.cornell.edu/wex/fair_debt_collection_practices_act
http://www.nolo.com/legal-encyclopedia/bankrupt-customer-pursue-payment-29574.html
https://smallbusiness.findlaw.com/business-finances/the-fair-debt-collection-practices-act.html
Attorney Andrew Weisblatt
Mr. Weisblatt has practiced continuously since becoming licensed in 1992 and has represented businesses ranging in size from one person start-up ventures to multi-national corporations employing hundreds of people in multiple countries. From 2005 through 2009 Mr. Weisblatt was in-house counsel and chief operating officer of a multi-national corporation in the steel products industry. That in-house position provided valuable insight into how businesses work and what they actually need from their lawyers – both in-house and outside counsel. Attorney Bio
