It is a common misconception, I find in the course of my practice, that the Fair Debt Collection Practices Act protects all consumers from all debt collectors. This is not the case. The FDCPA applies only if (1) a debt collector is trying to collect (2) a consumer debt from (3) a consumer.
The FDCPA goes into detail on each of these, but here is what they mean, briefly. A debt collector is someone who collects debts in the regular course of their business. However, certain people that commonly collect debts don’t count as debt collectors. The most common person collecting a debt that is not a debt collector is the creditor. For example, if you held a Discover card, and Discover was calling to collect on the balance, Discover is not a debt collector and therefore not subject to the FDCPA. There are other people listed in the FDCPA who are not covered, and some not listed that courts have found.
Assuming you have a debt collector, do you have a consumer debt? Consumer debts are debts primarily for personal, family, or household expenses. Groceries are a consumer debt. Plane tickets for a company training in Phoenix are not. What if the debt was partially consumer debt, partially non-consumer debt? The FDCPA may still apply.
Okay, so if you have a debt collector and a consumer debt, you just need to make sure you have a consumer. If you have the first two, you probably also have a consumer, which is any person obligated to pay any debt.
Only if all of these are true does the FDCPA apply. If it does apply, then the debt collector may not violate the FDCPA. If the debt collector does violate the FDCPA, you are entitled to (1) statutory damages of $1,000; (2) actual damages; (3) legal costs and expenses; and (4) attorney fees. If a debt collector does violate the FDCPA, that does not mean the debt no longer exists. The FDCPA regulates debt collectors’ conduct, not debt.
If you are in Minnesota, contact The Glover Law Firm, LLC, for a free case evaluation. In any other state, you can find a consumer rights lawyer using the National Association of Consumer Advocates lawyer database.
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I was a security guard at an apartment complex. My mom lives in Europe and she was having surgery. I made several calls to Europe over a 1 month period and the bill was 3500.00. The apartment complex terminated when they got the phone bill and found out I had been making the calls, after I signed an agreement to repay the money. A debt collector has been calling me telling me the apartment complex is going to file a police report if I don’t pay. It this a consumer debt?
We do not give advice on specific cases. To get a lawyer’s opinion, please talk to a consumer lawyer. The lawyer database at the National Association of Consumer Advocates is an excellent place to start.