Standing of Non-Debtors under 15 U.S.C. 1692d
By Nicholas Ortiz, Boston Bankruptcy Attorney on Oct 13, 2007 in General Bankruptcy Information
As I previously wrote, the Fair Debt Collection Practices Act (”FDCPA”), 15 U.S.C. 1692d makes it unlawful for a debt collector to engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.
A key phrase is “any person.” This means that even a person who does not owe (and is not alleged to owe) a debt can bring a suit against a debt collector for harassing conduct. Such people have standing to sue under this section of the FDCPA. Family members of a debtor who are abused will sometimes bring suit under this section of FDCPA.
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