Review of Star Tribune FDCPA Article

August 13, 2010

Some friends have asked me about the FDCPA article that recently appeared in the Star Tribune. 

There are good arguments on both the creditor and debtor side.  In practice, I have found that collection agents often do engage in conduct that should not be tolerated.  On the other hand, intentional goading to cause a violation is also inappropriate. 

In my opinion, the best way fix the system is to rewrite the federal laws punishing overly agressive collectors by debt reduction or elimination — not monetary penalties — and eliminating the fee shifting provision in the law. 

From the perspective of Ahlberg Law, PLLC and my business, I do use FDCPA when a client has a legitimate case.  In short, the FDCPA is one tool when I a client has an issue with a third-party that deserves resolution one way or another.

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Interesting Legal Issue of the Week

November 21, 2009

Can the federal government coerce individuals to purchase health insurance? This question was discussed in a column on Thursday by George Will.   

It is an interesting question of constitutional law and one I believe may be at the forefront of the entire health care debate.  Regardless of your own opinions, this issue, for me, was the most interesting legal issue of the week.