Repossession Companies Liable under the FDCPA

25 Oct Repossession Companies Liable under the FDCPA

In general car repossession companies are not regulated by the Fair Debt Collection Practices Act (“FDCPA”). But there are a couple of exceptions to this. One is when a car repossession company takes a car when there is no right to take it. One common example would be when a car lender fails to send mandatory notices to a consumer prior to repossession. A lender has no right to repossess a car without sending whatever notices are required under state law. I wrote previously about what notices are required in Massachusetts. A repossession company is liable under the FDCPA when it takes a car for a lender who has no present right to it. The name of the repossession company can usually be determined by calling the police department for the town where the car was repossessed.

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