What is a debt collector under the FDCPA?
“What is a debt collector under the FDCPA?”
One part of of figuring out when the FDCPA applies is looking at the company that sued you to see if they qualify as a “debt collector”.
Are they a debt collector?
To figure this out, we need to find out whether or not your debt was in default when they got it.
We need to figure out if they are truthfully saying the debt was in default, or even if the debt was allegedly in default.
If you’re up to date, then the company is not normally considered a debt collector.
However, if they say that you’re behind by 2, 3, 4, 6 months, then they will normally be considered a debt collector.
If they are a debt collector, then they’re governed by the FDCPA, which is the Fair Debt Collection Practices Act.
This law helps make sure that a debt collector treats you fairly and honestly — if they don’t you sue them in federal court for money damages.
The FDCPA is a powerful law, which we have plenty of articles about.
You can read and watch videos here about abusive debt collection and you may want to start with our FAQ article about collector abuse.
In this article, we wanted to explain what a debt collector is.
It mainly boils down to whether or not the debt was in default or not.
Once you figure out this aspect, then you should talk with an attorney about your options. Because if you are NOT dealing with a debt collector, you have more limited options but you still do have protection under Alabama law. And you may have protection under the TCPA (Telephone Consumer Protection Act) or the FCRA (Fair Credit Reporting Act).
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If you have any questions and you live in the state of Alabama, feel free to call us at 1-205-879-2447.
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I do hope this has been beneficial to you.
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