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1.1.1.2 Organization of the Treatise

This treatise is designed to help lawyers and paralegals representing consumers who are victims of abusive debt collection practices. It may also be useful to debt collection professionals as a part of their legal compliance efforts.

The chapters of the treatise are divided as follows:

  • • Chapter 1 provides information about the types of entities involved in debt collection and an overview of the process of debt collection;
  • • Chapter 2 details how to prepare a suit for debt collection abuse;
  • • Chapters 3 through 12 discuss the federal Fair Debt Collection Practices Act (FDCPA) as follows:
  • ○ Chapter 3 provides an overview of the development of the FDCPA, amendments, and regulatory authority;
  • ○ Chapter 4 outlines coverage under the FDCPA;
  • ○ Chapters 5 through 10 discuss claims under specific sections of the FDCPA;
  • ○ Chapter 11 details FDCPA remedies and other issues arising in litigation; and
  • ○ Chapter 12 summarizes different defenses and counterclaims likely be raised by debt collectors;
  • • Chapter 13 discusses claims in and related to bankruptcy;
  • • Chapter 14 outlines other possible federal claims consumers may wish to file;
  • • Chapter 15 discusses different tort remedies that may be available under state law; and
  • • Chapter 16 summarizes other state law remedies that may be available to consumers.

The appendices of this treatise include the following content:

  • • Appendix A contains the text of the FDCPA and the full text of a 1977 U.S. Senate report about the FDCPA;
  • • Appendix B contains summaries of Consumer Financial Protection Bureau interpretations and guidance on the FDCPA;
  • • Appendix C contains Federal Trade Commission advisory opinions, a list of informal staff letters, and the staff commentary on the FDCPA;
  • • Appendix D provides a state-by-state summary of state debt collection statutes;
  • • Appendix E contains over twelve thousand FDCPA case summaries: applicable case summaries can be instantly located using the “FDCPA Case Connector” that is included with a subscription;
  • • Appendix F describes practice aids, pleadings, and primary sources available online;
  • • Appendix G lists debt collection abbreviations; and
  • • Appendix H contains a list of websites related to debt collection.