The FDCPA (Fair Debt Collection Act) is a federal law that protects consumers who owe consumer debts from creditor harassment. It only protects consumers from third party debt collectors, not creditors. What is a creditor? To give you an example let’s say that you have a store credit card. You are unable to pay the bill and the store calls you requesting that you pay the money. If the store abuses or harasses you it is not a violation of the FDCPA. That is because the store is a creditor, not a third part debt collector.
Well- who is a third party debt collector? It is someone who is trying to collect the debt on behalf of the store or who purchased the debt and is now trying to collect the debt. If the store hires an agency to collect the debt then the agency is a third party debt collector. If the agency purchases the debt then they are are a debt buyer. A debt buyer is a third party debt collector under the FDCPA.
It is important to remember that it must be a consumer debt for the FDCPA to apply. A consumer debt is a debt used for household purposes, not for business expenses.
If you need help call a Buffalo Creditor Harassment Attorney at 716-831-1111.