A lot of small business owners are aware that there is a
such thing as the Fair Debt Collection Practices Act, but sadly, most people
don’t really know all the rules and laws that relate to this act or what those
rules or laws mean for their business.
In fact, many businesses wrongfully believe that the Act,
which was first instituted in 1977, is there to protect them. In truth, though,
it’s actually designed to protect the debtor. What’s more is that the rules
only apply for person-to-business debts not for business-to-business debts.
Where You Live Matters
Business to business debts are, as mentioned, not regulated
under federal law. Instead, the rules surrounding these debts and how they must
be handled fall under state law. So, the rules you’ll need to know and abide by
will vary based on where you live!
In some states, for example, any collections must be
conducted under licensed and/or bonded commercial collection firms. Other
states are less strict about how collections can be handled.
The best way to determine what your state’s laws are is to
contact your local business bureau. That way, you can ensure that you’re
operating within the bounds of the law and that you’re hiring collection
agencies that are as well.
Help and Advice
If you are having trouble collecting on business-to-business
debts, you may wish to contact the Commercial Law League of America, which
operates a Commercial Collection Agency Association. While this organization
does not have legal jurisdiction, it can be a good source of advice, can
provide you with a list of quality collection agencies, and can handle
complaints and problems you’ve had with collection agencies.
Use Caution...Always
When it comes to collecting on business to business debts,
make sure you always use caution. Be careful about which collection agencies
you hire. Make sure they are courteous with your delinquent customers so as not
to break the law, land you in legal trouble, or damage your reputation!
Also bear in mind that, in many cases, you can avoid the
hassle and risks of collections by having tight control over your receivables.
If that’s too much for you to handle, that’s okay; there ARE good collection
agencies out there- you just have to take care that you choose one of the “good
guys.” #B2BDebtCollection
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