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Consumer vs. Commercial Collections

Debt collections fall into two categories:

  • Consumer collections, and
  • Commercial collections.

Consumer collections involve collection activities between a business and a consumer. Consumer collections are highly regulated. In addition to state laws regulating debt collection, consumer debt collection is also subject to the provisions of the Equal Credit Opportunity Act as well as the Federal Fair Debt Collection Practices Act.  The FDCPA is intended to protect consumers against overly aggressive or deceptive practices that might be used by an unscrupulous collector against an inexperienced and unsophisticated consumer.

of collection is commercial collections. Commercial collection deals with debts owed by one business to another. Commercial collection is less regulated because it is assumed that most businesses are sophisticated enough to understand their rights when dealing with a creditor. The techniques used by companies dealing primarily with commercial collections are far different from those used to collect consumer debts.   For example, due to the high volume of relatively low dollar amounts associated with consumer debt collection, a written payment reminder or dunning notice is a commonly used and effective collection tool. In commercial collections, the most effective way to request payment is by telephone.  Written collection efforts are not expected to have immediate results.

Key point: The laws change if a creditor is dealing with a consumer (rather than a commercial) debt. The collector should have a thorough understanding of the laws governing consumer debt collection before ever picking up a phone.

Edited by Michael C. Dennis.  Mr. Dennis is the author of several books credit risk management and can be reached by email at mcdennis13@yahoo.com