AMERICAN BANKRUPTCY INSTITUTE Journal The Essential Resource for Today’s Busy Insolvency Professional Complete Guide to Credit and Collection Law Written by: Uniform Commercial Code and Jay Winston and Arthur Winston About the Reviewer Bankruptcy Code. Combined with the (Aspen Publishers 2011) Ryan Dattilo is an associate at Kirkland practical advice, the book could provide Reviewed by: & Ellis LLC in New York. just enough information to get in trouble. Ryan J. Dattilo As much as they have attempted Kirkland & Ellis LLC; New York with debt collection. The very first chapter to provide a comprehensive guide to [email protected] of the book sets out a glossary of the legal collection law, the authors are quick to terminology typical of collection cases. note that for many of the topics addressed, s the headlines over the past year One of the most beneficial aspects consultation with an experienced attorney have shown, there is a surge in of the book is the “Credit and Collection is recommended. Throughout the book, Apolitical support for increased Tips” placed throughout each chapter. the authors continually warn that the road consumer protection laws. After the Based on their decades of experience in the to debt collection is paved with landmines. 2008 financial crisis, Congress created field, the authors insert practical tips that In addition to the CFPB and potentially the Consumer Financial Protection serve as a best practices guide. Removing stricter enforcement of federal law, many Bureau (CFPB), with rulemaking the complexities of legalese, the authors states have recently passed laws offering authority effective this past July. The synthesize the law into practical advice. increased consumer protection. CFPB regulates the application of the In a chapter dedicated to the FDCPA, the Courts have also been active in Fair Credit Reporting Act (FCPA), Fair authors provide actual scripted phone call developing this area of the law. While Debt Collection Practice Act (FDCPA) scenarios as examples of “dos and don’ts” the book’s discussion of such cases and Truth in Lending Act (TILA). While when contacting a debtor. Having seen is limited to short summaries, many the leadership of the CFPB is uncertain, it all, the authors are particularly good at of the cases are footnoted for further changes to creditor and collection law getting inside the head of a debt collector research. Without delving into the could potentially be in the pipeline. In their 2010-11 edition of the Complete Guide to Credit and Collection Law, Jay Winston and Arthur Winston Suggested Reading have updated this important resource to help navigate potential and actual changes and reveal some of the creative means by particular statutes and case law of in this area of the law. The significance of which they often try to obtain information each state, the authors emphasize the this book to creditors and debt collectors to help in collection. importance of familiarizing oneself with is evident from its sheer size (the table of While the law requires certain the local law—and the importance of an contents is more than 40 pages long). The conduct from creditors, the authors’ experienced attorney. topics range from repossession of vehicles recommendations are often more The Complete Guide to Credit and to Health Insurance Portability and arduous, as they confront problems they Collection Law is great resource to be Accountability Act of 1996 (HIPAA), and frequently see occur; i.e., always file a added to the bookshelf of any individual even include a chapter entitled “What to who is in the business of extending 1 claim regardless of whether or not it is do when you are served.” In an attempt to required or even if the creditor is properly credit and is sure to help avoid some keep up with the ever-changing world of listed in the schedules. In the section of the headaches that are frequent in technology, there is also a whole chapter covering preferences, the authors lay out collection law. n dedicated to e-commerce. the elements courts use to evaluate such Reprinted with permission from the ABI At times it may seem that sections are transfers and then describe how to use them thrown in haphazardly, but with such wide Journal, Vol. XXX, No. 10, December/ in avoiding litigation with the trustee. As January 2012. breadth of coverage, one can understand the authors put it “[n]ever pay the amount the difficulty of attempting to organize requested upon receipt of the first letter.”2 The American Bankruptcy Institute is a such a resource. Despite its daunting Those favoring the black-letter law multi-disciplinary, nonpartisan organization appearance, this book offers valuable and need not fret. Behind every chapter devoted to bankruptcy issues. ABI has relevant advice applicable to everyday life are extensive appendixes containing more than 13,000 members, representing regardless of the reader’s actual experience the relevant law, including the FCPA, all facets of the insolvency field. For more information, visit ABI World at www. 1 Jay Winston and Arthur Winston, Complete Guide to Credit and 2 Collection Law (2010-11 ed.). Id. abiworld.org.

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