16 Aug Who is Subject to All Provisions of the Fair Debt Collection Practices Act (FDCPA)?
Generally, the following must abide by the FDCPA when collecting consumer debts:
- Collection Agencies – any person whose principal business is collecting debts and any person who regularly collects debts owed to another (15 U.S.C. Section 1692a(6)).
- Attorneys – any attorney who regularly collects consumer debts owed or due or asserted to be owed or due another (Pub. L. No. 99-361, 100 Stat. 768 (effective July 9, 1986.))
- Creditors Using False Names – when a creditor uses a name other than its own which suggests the involvement of a third party collector, poses as a collection agency, or uses a third party’s name in its collection efforts.
- Creditors Collecting For Another Person – when one creditor collects the delinquent debts for another creditor.
- Some Repossession and Foreclosure Companies – whose principal business is enforcing security interests of specific unfair on unconscionable means of enforcing security interests.
- Suppliers or Designers of Deceptive Forms – 15 U.S.C. 1692j.
- Purchasers of Debt After Default – 15 U.S.C. 1692a(4).
- Credit Counselors For Profit – The FDCPA only excludes from its coverage bona fide nonprofit consumer credits counselors. 15 U.S.C. 1692a(6)(E).
- Check “Guarantee” Services – dishonored check collectors and/or reporting agencies.
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