The Receivables Management Association International (RMA) is supporting the National Creditors Bar Association’s effort to amend the Fair Debt Collection Practices Act (FDCPA) to provide an exemption for attorneys licensed by a state bar and providing legal services that fall under the supervision of the state bar.
The clarification would only apply to attorneys who engage in legal activity such as serving, filing, or conveying formal legal pleadings, discovery requests, or other documents pursuant to the applicable rules of civil procedure or who are communicating about a legal action. Attorneys who act as debt collectors, outside the jurisdiction of the state bar, would still fall under the FDCPA.
This amendment is needed to avoid inherent conflicts between the state bars that license and regulate attorney conduct (within the judicial branch) and the federal executive branch administrative agencies, charged with FDCPA oversight, who may not always appreciate the fiduciary responsibilities an attorney owes to their client, the state bar, and legal canons of professional conduct.
CLICK ON THE LINK HERE to urge your Member of the House of Representatives to support H.R. 5082 by Representative Alex Mooney (R-WV) that would enact the “Practice of Law Technical Clarification Act of 2018”.
This alert is intended for members of the Receivables Management Association International (RMA) and is for informational purposes only and is in no way intended to provide legal advice. Members are encouraged to consult with an attorney of their choice for legal advice concerning this matter.
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