If they are creditors who collect their own debts, they are not doing so. The FDCPA only applies to third-party debt collectors, such as those who work for a debt collection agency. The law covers credit card debt, medical bills, student loans, mortgages and other types of family debt. The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects debtors against abusive collection tactics by debt collectors.
Congress created the FDCPA to prohibit debt collectors from using unfair, deceptive, or abusive practices when collecting consumer debts. The FDCPA generally only applies to third-party debt collectors, not to original creditors. A creditor is defined as the person or entity that granted you the credit in the first place (the original lender). Under the FDCPA, debt collectors may include collection agencies, debt buyers and lawyers.
Any debt collector covered by the FDCPA who contacts you regarding a debt must provide you with certain information about it. The FDCPA creates a structure within which debt collectors can work in an attempt to make debt collection a fair and non-aggressive process. In addition, the FTC has taken action under section 5 when original creditors resort to other practices that are expressly prohibited by the FDCPA, for example, by disclosing the existence of a debt to anyone other than the debtor. Therefore, in addition to the allegations made under Article 5, the lawsuit accused them of violating the FDCPA, such as illegally garnishing consumers' paychecks and disclosing the existence of debts to people other than the debtor.
However, if a debtor tells a bill collector, either verbally or in writing, to stop calling their place of work, the FDCPA says the collector should not call that number again. However, if a creditor is collecting their own debts and using a different name than that creditor, the creditor is not exempt from the FDCPA. If the FDCPA is violated, the debtor can sue the debt collection company, as well as the individual debt collector, for damages and attorney fees. The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits what debt collectors can do when they try to collect certain types of debts.
The Fair Debt Collection Practices Act (FDCPA) considers a physical visit to your workplace to be “publicizing your debt.” The Fair Debt Collection Practices Act (FDCPA) is the primary federal law governing debt collection practices. But what about a debt that is in default? According to the FTC and several federal appellate courts, if the debt was in default when the company obtained it, the company's activities to collect it are covered by the FDCPA. Section 803 (of the FDCPA) defines a “debt collector” as “any person who uses any interstate commerce instrument or the mail in any business whose primary purpose is the collection of any debt, or who regularly collects or attempts to collect, directly or indirectly, debts due or overdue or that he claims to owe or owe to another. Because the FDCPA is designed to protect debtors from third-party debt collectors, it doesn't usually apply to original creditors.
