Creditors under the FDCPA? It can happen!

[bw4444]

Just came across an interesting article at http://www.assetcollect.com/fdcpa.htm. It

discusses the circumstances under which an

original creditor can be subject to the

FDCPA.

To quote:

However, the term "debt collector" does include a creditor who, "in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts." 15 U.S.C. § 1692a(6)(A)

What this article is saying is that if the OC uses a third party collector, they need to hand off collection activities entirely to them and not continue to contact the debtor. If you are caught in a crossfire between a collection agency and an original collector, you might have a basis for legal action under the FDCPA if the OC commits any violations. Keep good records!