Discussion in 'Current Events' started by Modbert, Nov 30, 2010.
FTC tightens debt collections post-mortem - UPI.com
This is a terrible idea to say the least.
It wouldn't hurt to actually read the source document before pontificating.
SUMMARY: The Federal Trade
Commission (FTC or Commission)
requests public comment on a proposed
statement of enforcement policy
regarding communications in
connection with collection of a
decedents debts.1 The statement
addresses three issues pertaining to debt
collectors who attempt to collect on the
debts of deceased debtors. First, the
proposed statement announces that the
FTC will not bring enforcement actions
for violations of Section 805(b) of the
Fair Debt Collection Practices Act
(FDCPA), 15 U.S.C. 1692c(b), against
collectors who, in connection with the
collection of a decedents debt,
communicate with a person who has
authority to pay the decedents debts
from the assets of the decedents estate.
Second, the proposed statement clarifies
how a debt collector may locate the
appropriate person with whom to
discuss the decedents debt. Third, the
proposed statement emphasizes to
collectors that misleading consumers
about their personal obligation to pay a
decedents debt is a violation of the
FDCPA and Section 5 of the Federal
Trade Commission Act (FTC Act), 15
In summary, a debt collector may contact somebody who has authority over or represents the estate of a deceased about a debt owed by the deceases, and may not mislead others into thinking that they themselves are liable.
Separate names with a comma.