Submission Number: 00012
Received: 11/4/2010 2:03:14 PM
Commenter: Michael Reich
State: New Jersey
Agency: Federal Trade Commission
Initiative: Statement of Policy Regarding Communications in Connection with Collection of a Decedent’s Debt; Project No. P104806
Attachments: No Attachments
I want to support the proposed changes to the FDCPA. These changes simply allow debt collectors to make an attempt to collect debts from a debtor's estate. The death of a debtor does not eliminate the debtors debts, and whoever is responsible for the estate is obligated to pay te debts prior to distributing the assets, and the proposed changes simply allow the debt collector to attempt to negotiate a settlement with the estate rather than forcing the creditor to commence a probate court proceeding.
The families will still be protected by the FDCPA from unscrupulous debt collectors who improperly advise the families that they are obligated to pay the debts, as that would fall under the provision that prohibits deceptive practices.