CEU Electronic Theses and Dissertations, 2023
| Author | Dograshvili, Mariam |
|---|---|
| Title | The Regulation of Collection Agencies - A Comparative Analysis of the Law of the United States of America and Germany |
| Summary | The thesis analyzes and compares the sector-specific regulations applicable to private debt collection agencies in the United States of America (hereinafter: U.S.) and Germany. The key proposition the thesis aims to demonstrate is, first, based on the increased practice of debt collection agencies, for what and for whom it is important to have sector-specific regulations? Secondly, deriving from the legislation of the US and Germany, what measures can one country impose to create a regulatory framework under which abuses and overreaches of private debt collection agencies would be minimized. Finally, based on the juxtaposition of the two most developed jurisdictions’ laws and practices, the thesis aims to list not only the key differences that exist between the two models but also the most egregious problematic issues that should be taken into account by such emerging regulatory systems as Georgia. The thesis departs from the point of view that proper regulation of the sector is in the interest of both sides. Germany and U.S. – federal and state – regulations and cases are in the focus as two top regulatory models today, representing common law and civil law legal systems. The common thing between those two legislations is that they both regulate private debt collection agencies though not necessarily similarly. It is also crucial that both jurisdictions are not only aiming to protect the debtor’s rights but also to generate fair competition between the agencies. While as far as Germany is concerned, the 2008 Act on ‘Out-of-Court Legal Services’ (‘Rechst dienstlestungsg esetz’&# x2013;hereinaft er: RDG) is at the center of observations, in the U.S. the federal ‘Fair Debt Collection Practice Act’ (hereinafter: FDCPA), and the State-level mini- FDCPAs fulfill the role, which is the main legal body designed in order to eliminate abusive and unfair debt collection practices. The analysis of those two jurisdictions will serve the purpose to understand which criteria should be applied to eliminate abusive practices of private debt collection. On the other hand, the available case law will provide information about whether those legislations can be used as flawless models or whether are there gaps, misunderstandings, or weaknesses that be taken into account by other countries, such as Georgia. Finally, case law will be mainly used to identify how the law is applied in practice. |
| Supervisor | Tajti, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2023/dograshvili_mariam.pdf |
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