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JudgmentBuy Article:

Which States Require Consumer Debtor Notices?

This article is my opinion, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.

Which states require debt collectors to send consumer debtor notices? That is kind of a trick question because all states are covered by the Federal FDCPA laws. The FDCPA is a federal set of laws that protect consumers who owe money to creditors for household-related debts. It prevents debt collectors or collection agencies from using illegal or deceptive practices while collecting a debt. If a debt collector violates either FDCPA or state laws, the debtor can bring a lawsuit seeking damages from the creditor, with possible government fines and penalties too.

The FDCPA laws do not change what debtors owe, and it does not affect what a judgment creditor can do to recover a judgment, however it can sometimes limit what creditors are allowed to say or write to a judgment debtor. However, some states have their own (sometimes stronger and/or additional) consumer debt protection laws that affect those who recover consumer-related judgment debt.

The FDCPA laws do not apply to business-related debts. Some judgment enforcers do not take consumer-related judgments. Even with the judgment enforcers that do, many treat every judgment recovery effort as a consumer debt just to make "double sure". Not all states have fair debt collection-related laws, in those states, the federal law applies. Generally, state-specific debt related laws outrank Federal debt collection laws. Please research and consult with a lawyer for specific debt-related collection law help.

The following states have no (significant) additional (besides Federal) consumer debt collection laws:
Alabama, Alaska, Arkansas, Delaware, Hawaii, Indiana, Kansas, Kentucky, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

The states below (states can change laws) have their own debt collection laws:

In Arizona, a criminal law (stronger than Federal law) makes it illegal for debt collectors to use deceptive or unfair collection practices.

In California, the California Fair Debt Collection Practices Act is massive and overlaps Federal law. California has additional protections past the Federal laws. As an example, California law imposes special obligations on a debt collector if the debtor notifies them that the debt resulted from identity theft.

Colorado has some (stronger than Federal law) laws that prohibits debt collectors and creditors from using abusive and unconscionable tactics while collecting debts.

Connecticut has some (stronger than Federal law) laws that prohibits debt collectors and creditors from using abusive and unconscionable tactics while collecting debts.

Washington D.C., has some (stronger than Federal law) laws that prohibits debt collectors and creditors from using abusive and unconscionable tactics while collecting debts.

Florida has some (stronger than Federal law) laws that prohibits debt collectors and creditors from using abusive and unconscionable tactics while collecting debts.

The Georgia Industrial Loan Act regulates debt collection of consumer loans less than $3,000.

Idaho has some (stronger than Federal law) laws that prohibits debt collectors and creditors from using abusive and unconscionable tactics while collecting debts with additional licensing requirements for debt collectors.

Illinois has some (stronger than Federal law) laws that prohibits debt collectors and creditors from using abusive and unconscionable tactics while collecting debts with additional licensing requirements for debt collectors.

Iowa has some (stronger than Federal law) laws that prohibits debt collectors and creditors from using abusive and unconscionable tactics while collecting debts.

Louisiana has some (stronger than Federal law) laws that prohibits debt collectors and creditors from using abusive and unconscionable tactics while collecting debts with additional licensing requirements for debt collectors.

Maryland has some (stronger than Federal law) laws that prohibits debt collectors and creditors from using abusive and unconscionable tactics while collecting debts.

Massachusetts has some (stronger than Federal law) laws that prohibits debt collectors and creditors from using abusive and unconscionable tactics while collecting debts.


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