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#1927091 - 05/28/14 04:15 PM Fair Debt Collection for Credit Cards
dragonfli32 Offline
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Joined: Jun 2009
Posts: 9
Hello-

I am new to credit cards and was hoping someone could direct me to a good website (or reg) for collections rules for credit cards.

Thanks

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General Discussion
#1927111 - 05/28/14 04:44 PM Re: Fair Debt Collection for Credit Cards dragonfli32
rlcarey Online
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rlcarey
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Galveston, TX
You would have to look toward State law if you are talking about collecting your own debt.
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#1927135 - 05/28/14 05:35 PM Re: Fair Debt Collection for Credit Cards dragonfli32
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
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You could look to fair debt collection federal rules as a best practice for collecting a creditor's own debt.
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#1927267 - 05/28/14 08:14 PM Re: Fair Debt Collection for Credit Cards dragonfli32
dragonfli32 Offline
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Joined: Jun 2009
Posts: 9
Thank you!

rlcarey- would that be the state the borrower is in, or head office?

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#1927272 - 05/28/14 08:16 PM Re: Fair Debt Collection for Credit Cards dragonfli32
rlcarey Online
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rlcarey
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Galveston, TX
Might be either depending on how the State law is written.
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#1928331 - 06/01/14 05:05 PM Re: Fair Debt Collection for Credit Cards dragonfli32
RayLynch Offline
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RayLynch
Joined: Oct 2003
Posts: 544
In addition to state law, be aware that Regulation Z (Section 1026.12(d)) prohibits a bank from performing an offset against a deposit account to collect a consumer credit card debt.

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#1928332 - 06/01/14 05:24 PM Re: Fair Debt Collection for Credit Cards dragonfli32
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
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Also, pay attention to this recent case. While Fair Debt Collection does not, at present, apply to collecting a creditor's own debt (which would include a bank collecting its own loans), banks are expected to be "above the fray" and not act abusively.

In this recent FTC action against an auto lender that also collects third party debt, the FTC charged them with FDCPA violations on debts for third parties and UDAP on debts collected on the firms own behalf.

http://www.insidearm.com/daily/banks-and...lenderarm-firm/

_________________________
Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
www.kaybeescomplianceinsights.com

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