Question regarding commercial debt

[txlimo]

I don't know if any one knows but does the FDCPA apply to commercial debt? The reason I ask is because the company that I work for is a small company and they have incurred some credit card debt that, due to the fact business has dropped significantly, they haven't been able to pay. Bottom line is they owe approx $14K to Home Depot, who has assigned it to LTD Financial. This LTD Financial calls the office multiple times per day, swearing at the employees, threatening them, screaming at them, etc. I've talked to them and they "claim" that they only call 1 time per day. WHATEVER!! They claim that they aren't goverend by the FDCPA and they can call however many times they want to. This didn't sound right to me so I thought I would run it by the illustrious members of the site and see what you thought.

Any feedback is greatly appreciated.

[willingtocope]

Business debts are NOT covered by the FDCPA. The collectors can be as nasty as they like.

[nascar]

This is one of the references used in the Texas Trial Practice Guide to determine if a cause of action exists against a collection agency attempting to collect commercial debt in Texas.

A complaint which alleges that defendants, in making collections of monies loaned to petitioners, acted in conspiracy and conducted a course of harrassment and excessive and wrongful conduct which, by their insistent aggravations and annoyances, insinuations and threats of such a degree of intensity or shock as to result in physical injury, injury to property, loss of employment or reputation, was sufficient to state a cause of action, for which damages could be recoverable. Duty v. General Finance Co., 154 Tex. 16 (Tex. 1954)

[unusualsuspect]

I'd think that your company could file suit for lost income at the very least... in addition to all employees individually filing suit for emotional damages.