[Pale Rider]

I saw a post somewhere that discussing wether or not collectors are subject to the FDCPA. It appears that some courts have ruled that they are not.

However, the IRS states that any collector contracted to work on their behalf is subject to FDCPA.

http://www.irs.gov/newsroom/article/...155065,00.html

The Fair Debt Collection Practices Act applies to contractor’s activity including provisions specifically applicable to IRS employees.

I haven't located a link to the actual law that passed on this subject, but I do remember a passage that provided the FDCPA applies.

Another question comes up when dealing with this. For example: in Texas, Deceptive Trade Practices violations normally have to be one listed in the statute. When dealing with collectors, the Finance Code Ch 392 specifically states that a violation of that chapter is also a violation of the DTP Act, even though it is not listed in the DTP section.

Does FDCPA apply to taxes?

Can another federal law provide that FDCPA applies, even though previous court rulings say it does not?



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[hannah]

Previous courts weren't dealing with the fact that federal income taxes are involved. Those previous courts dealt with state or other administrative taxes if I remember correctly. Not federal income taxes. Some states (my own included) have used CA's for several years to collect deliquent income and other taxes due the state. Some counties in my state have used CA's to collect fees and other taxes (non-property taxes which have their own remedy spelled out in the Code). The feds have never done so before as it was not provided for in the US Tax Code. I imagine the reasoning behind outsourcing to CA's is because then they can cut jobs in the collection section of the IRS or at least not hire more to be on the government payroll which is not exactly a bad thing.

[Pale Rider]

Maybe I misunderstood the type of taxes that were involved. I would think that property taxes would be governed by the definitions in FDCPA. Possibly other taxes would not if they are not for family or household debts.

[Pale Rider]

Found the original text of bill

American Jobs Creation Act of 2004

http://thomas.loc.gov/cgi-bin/query/...U3cyjK:e658051:

`(e) APPLICATION OF FAIR DEBT COLLECTION PRACTICES ACT- The provisions of the Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) shall apply to any qualified tax collection contract, except to the extent superseded by section 6304, section 7602(c), or by any other provision of this title.

[hannah]

Most collection rules of taxes or fees of any sort are spelled out in the code or law which governs that tax or fee. And most since they are government based aren't subject to the same standard of collection that the FDCPA provides as most are not consumer related even though some could be argued that they are like fire fees etc. Those have been found by the courts to be in the interest of the public and therefore not subject to the collection laws of either the state or the feds. We have a street fee here that was challenged as to it's legality and taken all the way to Federal District. It was ruled legal. However, the city forgot to include any way to collect the fee. So they are now trying to pass an amendment to the city code that will let them retroactively collect the fee. It was denied in circuit court and is at the appeals level now. Should be interesting.