Consumer Protection Act Nugget · The Enforcement Academy

Consumer Protection Act Nugget

I know that we are currently studying FCRA. However , a lot of you have third parties reporting on your credit reports. That said , that is an attempt to collect a debt by them reporting the account on your reports so anything they report must comply with FCRA and FDCPA. Which means that they may not use unreasonable meanings to misrepresent the debt to you either, solely for the collection of it. Here is some case law to help you better understand.

Under the Fair Debt Collection Practices Act, the test is not whether "a reasonable consumer" would be deceived, misled or harrassed by the prohibited practices because the Act is intended to protect "unsophisticated consumers." Therefore, this Court must look not only at the "reasonable consumer," but also to a less sophisticated consumer in determining whether the debt collection practices act has a tendency or capacity to deceive. Jeter v. Credit Bureau, 760 F.2d 1168, 1172-73 (11th Cir. 1985); Baker v. G.C. Services, 677 F.2d 775, 778 (9th Cir.1982).[3] See also Bingham v. Collection Bureau, Inc., 505 F. Supp. 864, 870 (N.D.Dak.1981); Wright v. Credit Bureau of Georgia, Inc., 548 F. Supp. 591, 599 (N.D.Ga.1982), reconsidered, 555 F. Supp. 1005, 1007 (N.D.Ga.1983); Rutyna v. Collections Accounts Terminal, Inc., 478 F. Supp. 980, 982 (N.D.Ill. 1979). Contra Blackwell v. Professional Business Services of Georgia, 526 F. Supp. 535, 537-538 (N.D.Ga.1981).

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