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Collection Agency collectining on a Business Account.


cmo140
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What can you do if a collection agency is trying to collect on a business credit card you had that you personal guaranteed.

I was told its not protected by FDCPA.

Then I found this case and was wondering since they are going after me personally does that make it protected under the FDCPA?

Also the card was a business card but it was used for personal use.

Also Located in PA.

Wenrich v. Cole, 2000 U.S. Dist. LEXIS 18687 (E.D. Pa. 2000)--federal court held that FDCPA provides protection for all persons, not just consumers;

I also found this:

Only certain types of debts are covered under the federal Act. The Act covers consumer debts. A “consumer” is defined under the act as “any natural person” either actually or allegedly obligated to pay a debt. 15 U.S.C. §1692a(2). SINCE THEY ARE HOLDING ME RESPONSIBLE FOR THE DEBT IS IT UNDER THE FDCPA. As such, debts owed by legal entities (i.e. corporations, partnerships, LLCs, unincorporated associations, etc.) are not covered by the Act.

The Act also covers only “consumer” debts and not commercial debts. Consumer debts are defined as an obligation to pay money “arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family or household purposes[.]” 15 U.S.C. §1692a(5). It is irrelevant under the Act whether or not the obligation has been reduced to judgment. Id.

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