Conroe DWI Attorney

Montgomery County Criminal Defense Attorney Doug Atkinson speaks about his experience and qualifications to help you with any DWI charges. The Law Office of Douglas Atkinson handles all criminal charges including DUI, DWI, Drug Crimes, Theft, Robbery, Burglary, Assault, Domestic Violence, Sex Crimes, and more in Conroe as well as all of Montgomery and Walker Counties in Texas. You can contact Mr. Atkinson at www.conroecriminaldefense.com or 936-760-0303.



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The Fair Debt Collection Practices Act

The Fair Debt Collection Practice Act (FDCPA) is a statute that was added to the Consumer Credit Protection Act by Congress in 1978. The FDCPA sets forth guidelines for debt collection practices in order to protect consumers from abuse, allow for the validation of alleged debts, and ensure the rights of consumers. The FDCPA governs many different types of debt collectors, whether they be a dedicated agency, an individual, or a practicing attorney. As a consumer or business owner, understanding the rules outlined in the FDCPA will help you decide how best to approach a debt situation, whether you are debtor, creditor, or collector.

Practices Forbidden by FDCPA

The FDCPA prohibits debt collectors from engaging a variety of behaviors or practices considered to be abusive or unethical. For example, debt collectors may only contact a debtor during "normal" hours, defined as the time between 8 AM and 9 PM, unless permitted to do otherwise by the debtor.

In general, consumers' rights are heavily guarded by the FDCPA. Under the statute, a debtor can force a collection agency to refrain from further contact by a simple written notice. The only exceptions to this rule are a) notifying the consumer that collection efforts have ceased, and b) notifying the consumer of any further action, such as a lawsuit, that the creditor intends to pursue.

Other practices forbidden by the FDCPA include, but are not limited to:

Publishing the consumer's name or address on a list of debtors,

Using abusive language,

Contacting third parties about the debt (such as family, friends, neighbors, employers, etc.), and

Contacting a consumer who is known to be represented by an attorney.

Protocol Required by FDCPA

The FDCPA also obligates debt collectors to provide certain information about themselves and the creditor they represent. They must identify both themselves and the creditor, including both name and address, inform the consumer of their right to dispute the debt, and provide validation of a debt in the case of a formal dispute.

Debate over FDCPA

The process of debt collection is stringently regulated and highly technical. The FDCPA's provisions are enforced by the Federal Trade Commission. Furthermore, violations of the FDCPA also allow the affected private citizen(s) to sue to recover compensation up to $1,000, plus any damages caused by the violation.

Not everyone is happy with the FDCPA as it stands, however. In fact, the FDCPA has come under fire from both consumer advocates and industry representatives. In the former case, consumer advocates feel that the penalties allowed by the FDCPA are not sufficient deterrents to abusive collection practices, partially due to the fact that fines have not been scaled to inflation. On the other hand, the collection industry complains that the heavy regulations of the FDCPA promote frivolous and time-consuming lawsuits over minor technical details, and thus impedes their ability and right to collect on valid, legitimate debts.

For more information on the Fair Debt Collection Practices Act, or to learn more about dealing with debt as either debtor or creditor, visit the website of the Austin business lawyers of Slater & Kennon at http://www.slaterandkennon.com.

Joseph Devine

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Suspected drunk driver hits cop

An APD officer was hit by a DWI suspect Thursday night on the upper deck of I-35 northbound.



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Travis County District Attorney Election Death Penalty ad

www.tmnpac.org Jeanette Popp spoke at a press conference on the plaza of the Blackwell Criminal Justice Center in Austin on Saturday, January 12. Popp urged the candidates for Travis County District Attorney to impose a moratorium on the death penalty in Travis County by not seeking the death penalty in any capital trials and instead using life without parole as an alternative to the death penalty. The above video was recorded after the press conference. Jeanette Popp's daughter Nancy DePriest was murdered in Austin in 1988. March 4, 2008, the day of the primary in Travis County, would have been Nancy's 40th birthday. Jeanette became intimately familiar with the many flaws of the Texas criminal justice system after two innocent men, Chris Ochoa and Richard Danziger, were wrongfully convicted of her daughter's murder and spent 12 years in prison. They were exonerated and released in 2001. The City of Austin settled separate lawsuits with Danziger and Ochoa for $9 million and $5.3 million respectively in 2003. Danziger also settled with Travis County for $950000. The actual killer, Achim Marino, was convicted in October 2002. "The death penalty system in Texas is broken. The next DA in Travis County should reflect how the Travis County community's views on the death penalty have evolved in recent years and pledge that for now the death penalty is off the table within Travis County", said Scott Cobb of Texas Moratorium Network. "If we want to slow down the number of ...



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Tag Texas is "On the Scene" again! www.tagtexas.org squarepatrol.org



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