15 Aug Some Debt Is Not Covered By The FDCPA – Business Debt
The Fair Debt Collection Practice Act FDCPA regulates collection activity of consumer debt, debt arising out of transactions that are primarily for personal, household or family purposes, 15 U.S.C 1692a5. Business debt and the debt collectors who collect it are not covered by the FDCPA. The lesson herein is that not all debt collectors are alike.
While some collectors and attorneys are prohibited from taking unfair collection tactics, others are not so restrained. And they know it. Often clients call my consumer law office to tell me about harassing and vulgar phone calls, or out of area lawsuits, and ask “Can they do that”? Granted, the vast majority of individual debt is not business related, however, it is important to know the distinction when evaluating a case for possible violation of the FDCPA.
Andy Miofsky, Esq.
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