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Authors

David Hilton

Abstract

This article briefly traces the history of the FDCPA, from the original legislation enacted in 1977 to the 1986 Amendments, and further provides an overview of appellate courts' previous interpretations of the Act's applicability to attorneys. From here, the article summarizes Heintz v. Jenkins, a 1995 United States Supreme Court decision holding attorneys who meet the FDCPA's statutory definition of "debt collector," subject to the Act's provisions. Further discussion of exactly what qualifies as a "debt" and as a "debt collector" under the Act is presented in correlation with a summary of the main provisions of the FDCPA that attorneys need beware.

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