Does Fair Debt Collection Practices Act apply only to CA's

[mustangman]

Does the Fair Debt Collection Practices Act only apply to collection agencies or to any person trying to collect a debt? I have some doctors bills that they are attempting to collect and the doctors billing department has violated some of the laws. Ive recieved harrassing phone calls and have documented them through police reports. The police report shows the numbers on my caller ID and the times of the phone calls. I also have many of the phone calls recorded. I am being sued by the doctor office and need to know if i should or can include theier violations in my answer as a counterclaim.

Thanks

[codename_fortyseven]

FDCPA applies to CA's, JDB, but not OC. Depending on how the doctor's office is collecting, they could fall under a CA. I think if the OC uses an internal collection office, but goes by another name, they become a CA.

[DocDon]

The "billing department" in a private doctor's office is normally those two or three ladies you see sitting behind the reception desk. I highly doubt they'd be using that kind of language. I'll bet the doc contracted the collection out and you're being abused by a regular scumbag CA.

Were you served on this lawsuit or did they just threaten that too? Did you DV these people to find out who the heck they are? Did you do a search on the phone numbers?

[Methuss]

FDCPA applies to CA's, JDB, but not OC. Depending on how the doctor's office is collecting, they could fall under a CA. I think if the OC uses an internal collection office, but goes by another name, they become a CA.

Incorrect. The FDCPA can apply to an OC under certain circumstances. If the OC uses a false name in an attempt to collect or lends their name to a 3rd party collector, they loose their exemption.

Section 803(6) Definition of a debt collector

"Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any 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. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests."

[codename_fortyseven]

Methuss, that is what I meant with..."if the OC uses an internal collection office, but goes by another name, they become a CA"

[Recovering Attorney]

Some state laws, like NYS, apply the FDCPA to OCs.

[Methuss]

Methuss, that is what I meant with..."if the OC uses an internal collection office, but goes by another name, they become a CA"

Sorry 47...mis-read your post. Not enough coffe that morning.