A seasoned attorney, John Kennyhertz is a partner at Kennyhertz Perry, LLC. Founding the firm in 2013, John C. Kennyhertz provides legal guidance in areas of business law, risk management, and financial services. John Kennyhertz is especially knowledgeable about compliance issues related to the Federal Trade Commission and Fair Debt Collection Practices Act.
Governed by the Federal Trade Commission, the Fair Debt Collection Practices Act is an amendment to the Consumer Credit Protection Act. Providing clear guidelines for communication, the act states that consumer consent or permission granted by a court of competent jurisdiction is required for debt collectors to make contact with a consumer. Should a consumer have an attorney representing him or her in a case, the legal practitioner should be the point of contact for all debt collectors, unless no response is received during a reasonable time period. Other parties that may be contacted in connection to debt collection communication efforts are credit-reporting agencies.
If a consumer provides a written notice to a debt collector stating that he or she refuses to pay or wishes to no longer receive communications, the debt collector is required to stop all communication efforts. However, exceptions are made to notify a consumer that the collector is ceasing all future communications and to inform the consumer that the debt collector or creditor intends to invoke a specified remedy.
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