As a consumer, you are protected. When dealing with debt and collections, all consumers are protected by the Fair Debt Collection Practices Act or the FDCPA. Many state’s including Michigan, have their own laws regarding debt collection that may be different from the FTC or the Federal Trade Commission. In Michigan, consumers are also protected by the Michigan Consumer Protection Act or MCPA.

The Fair Debt Collection Practices Act was first enacted in 1977. It was created to help reduce abuses made by third part debt collectors and protect consumers with debt from harassment including threats, unwanted calls and unwanted disclosure of debts to others. It sets the rules for what is and is not allowed by those trying to recoup debts including limiting how information may gathered by the debt collector. For example, according the FDCPA, a debt collector gleaning information about a consumer’s whereabouts in contact with anyone other than the actual consumer must:

    • Identify himself and why he is calling
    • May not state that a consumer owes any debt
    • May not communicate with any person more than once unless they believe
    • the information was incomplete
    • May not communicate by postcard
    • May not use anything which may communicate they are contacting in regard to debt collection
    • May not communicate with any other person other than the attorney about the consumer after finding out that said consumer is represented by an attorney.

The FDCPA’s definitions of consumers and debt specifically restricts the coverage of this act to personal, family or household transactions and does not apply to business debts. The Michigan Consumer Protection Act was first enacted in 1976 as “AN ACT to prohibit certain methods, acts, and practices in trade or commerce; to prescribe certain powers and duties; to provide for certain remedies, damages, and penalties; to provide for the promulgation of rules; to provide for certain investigations; and to prescribe penalties.” Simply put, it was designed to prevent consumer fraud and make it easier for the consumer to fight back against less than forthcoming and unscrupulous merchants. According to the act, “the conduct of a business providing goods, property or service primarily for personal, family or household purposes …” meaning like the FDCPA, it also does not apply to commercial debts.

Consumer Protection Ypsilanti MI

Collis & Griffor, PC has the experience and the knowledge to assist you in dealing with a variety of collections issues including commercial collections, consumer collections and defense of collection actions. If you are looking for a consumer protection attorney Ypsilanti MI and would like to learn more about how we can help you, contact us at 734.827.1337 or set up an appointment for a free consultation.

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