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.