4/7/2009 - Neal Moore Interviewed by LawyersUSA
On April 7, 2009, LawyersUSA published an article documenting the rise of FDCPA litigation. Neal Moore, of Ferguson, Frost & Dodson was contacted to provide the defense perspective. The article is available at http://www.lawyersusaonline.com/index.cfm/archive/view/id/433263 by subscription. The article accurately notes the increase in litigation, but unfortunately does not highlight some important truths about debt collection suits. While the present economy may create more non-performing debt, the rise in lawsuits against debt collectors is not purely a reflection of increased debt collection activity. The industry has embraced the Fair Debt Collection Practices Act and the perception of aggressive, law-breaking collectors is outdated and incorrect. Much of the increase in litigation focuses on alleged failures to timely update credit reports or to provide required disclosures while leaving messages on an answering machine. This conduct may constitute a strict violation of the FDCPA, but it is difficult to imagine such non-disclosure could cause the listener any legitimate harm. These cases constitute much of the new filings, rather than cases alleging threatening and abusive collection tactics. For more information about this topic, please contact Mr. Moore or any of the lawyers in our Financial Services Litigation department.
