The Fair Debt Collection Practices Act (“FDCPA”) fines debt collectors for using false or misleading representations, including harassment or abuse among other things, in the collection of consumer debts, not business loans.  However, the FDCPA specifically defines debt collector to mean “any person who . . .  regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.” 15 U.S.C. § 1692a (emphasis supplied).  The emphasis of that statement is that the FDCPA applies to third party debt collectors collecting on behalf of another.  Will that change?  Read this article where the director of the Consumer Financial Protection Bureau (“CFPB”) said that “It doesn’t matter who is collecting the debt– unfair, deceptive or abusive practices are illegal.”   See link below for the article.  If the director of the CFPB is making statements like that you can bet banks and similar creditors better be ready for a potential expansion of the FDCPA to apply directly to the creditor and not just third party debt collectors.

Link to the article: http://www.abajournal.com/news/article/feds_to_enforce_anti-harassment_rules_against_banks_and_other_creditors_clo/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

Link to the Fair Debt Collection Practices Act: http://www.in-foquest.com/pdf/fdcpact.pdf

Shane K. Warner, Esq.

Perry Law, P.A.

100 Main St., Ste 208

Safety Harbor, FL 34695

Phone: (727) 953-9870 ext. 303

Alternate Phone: (813) 374-2064

Fax:       (727) 953-9873

Email:  skw@perrylawpc.com

Perry Law, P.A. serves Tampa, St. Petersburg, Clearwater.

Perry Law, P.C.

When faced with a difficult legal situation, you want to make certain you have the best representation and legal team in your corner. At Perry Law, our attorneys and support team are here to ensure you the most sound advice and legal counsel possible.  Perry Law is a regional law firm with attorneys licensed in Arizona, Florida, Idaho, Oregon, and Washington. The firm represents over seventy years of combined legal experience.