“FDCPA — Does it apply to the debt collector I’m dealing with now?”
The FDCPA, or Fair Debt Collection Practices Act, is a powerful tool in a collection lawsuit. Discovering when it applies is a smart move. Let’s talk about the three requirements that need to be met in order for the FDCPA to apply.
First off, the FDCPA only applies to consumers.
This doesn’t apply to businesses, corporations or partnerships.
It only applies to an individual.
It applies to personal, or consumer, debt– not business debt
What does this mean?
This means that it has to be debt that you took out, or allegedly took out for personal or household bills.
Whether that’s medical bills or house repair bills, it has to be a debt that’s from an individual.
Sometimes this gets complicated, so please contact us if you have any questions.
We would be happy to help you.
You have to be dealing with a debt collector
Well, what does that mean?
A debt collector is someone who, when they first get your debt, look at it to determine if it’s in default.
So, if you have a Capitol One credit card, does that make Capitol One a debt collector?
No, because you knowingly use your card to pay for things, and pay the bill (debt) every month.
What if a company called AmSher, Midland Funding, or LVNV?
These are companies that receive debts after they are in default.
They are considered debt collectors.
If all of these requirements apply to you, then the FDCPA should apply
Feel free to contact us
Sometimes you’ll see a debt collector on your credit report, and you’re unsure whether they legally can sue you on that debt.
We will be glad to help walk you through your options.
You can reach us by phone at 1-205-879-2447, or you can fill out a contact form and we will get in touch with you as soon as possible.
I look forward to talking with you.
Have a great day.