- List of potential debts and assets for both consumer and business clients?
- The act defines debt collector as “those who regularly collect or attempt to collect, consumer debts owed…” 1692a(6). Attorneys are not exempted from the reaches of the FDCPA. See Heintz.
- Must look at the statute to see if 1) the attorney is a debt collector (Does he regularly collect consumer debts owed?), and 2) did he actually violate any provision of the FDCPA?
- Attorney has good arguments that he is not a debt collector and didn’t violate any provision. Must inform your client of the letter and then get her informed consent to take action.
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