Who is Not Subject to All Provisions of the Fair Debt Collection Practices Act (FDCPA)?

17 Aug Who is Not Subject to All Provisions of the Fair Debt Collection Practices Act (FDCPA)?

Generally, the FDCPA excludes from its provisions:

  1. Creditors Collecting Their Own Debts, Retail Stores, Banks, Finance Companies – 15 U.S.C. 1692a(6).
  2. Assignees Before Default, Car Finance Companies, Mortgage Servicing Companies – 15 U.S.C. 1692a(6).
  3. Government Employees – any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties.  15 U.S.C. 1692a(6)(C).
  4. Business Debts – the FDCPA only covers consumer debts.  That is, debts that are primarily for personal, family, or household purposes.  15 U.S.C. 1692a(5).
  5. Nonprofit Credit Counseling Services – bona fide nonprofit consumer credit counselors are specifically excluded from the provisions of the FDCPA by 15 U.S.C. 1692a(6)(E).
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