Who is Subject to All Provisions of the Fair Debt Collection Practices Act (FDCPA)?

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:

  1. 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)).
  2. 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.))
  3. 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.
  4. Creditors Collecting For Another Person – when one creditor collects the delinquent debts for another creditor.
  5. Some Repossession and Foreclosure Companies – whose principal business is enforcing security interests of specific unfair on unconscionable means of enforcing security interests.
  6. Suppliers or Designers of Deceptive Forms – 15 U.S.C. 1692j.
  7. Purchasers of Debt After Default – 15 U.S.C. 1692a(4).
  8. Credit Counselors For Profit – The FDCPA only excludes from its coverage bona fide nonprofit consumer credits counselors.  15 U.S.C. 1692a(6)(E).
  9. Check “Guarantee” Services – dishonored check collectors and/or reporting agencies.
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