THE FAIR DEBT COLLECTION PRACTICES ACT AND BANKRUPTCY—FDCPA CLAIMS SHOULD NOT BE BARRED BY THE BANKRUPTCY CODE

Authors

Katey M. Garrett, Western New England University School of Law

Abstract

Bankruptcy is among the oldest of consumer protections. It is a safeguard vital to both the economy and the individuals who seek to file bankruptcy. During bankruptcy, a debtor often suffers from shame, depression, and anxiety, and seeks a fresh start as a last resort. With the advancement of technology, ruthless debt collectors have grown increasingly aggressive. The Fair Debt Collection Practices Act was enacted in 1977 in response to debt collection conduct to protect consumers from unfair, deceptive, or misleading acts or practices in connection with attempts to collect debts. One year later, bankruptcy laws were reformed when the Bankruptcy Code was enacted in 1978. Debtors in bankruptcy are much more vulnerable than the average debtor, and therefore should be afforded additional protection where the FDCPA allows. This Note proposes that during bankruptcy, debtors should not be limited to relief under the Bankruptcy Code.

Recommended Citation

Katey M. Garrett, THE FAIR DEBT COLLECTION PRACTICES ACT AND BANKRUPTCY—FDCPA CLAIMS SHOULD NOT BE BARRED BY THE BANKRUPTCY CODE, 39 W. New Eng. L. Rev. 41 (2017), https://digitalcommons.law.wne.edu/lawreview/vol39/iss1/2