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Debt Collector
LAWDOG is intended to assist in the understanding of basic concepts. See Disclaimer. Always obtain legal advice from legal professionals.
Debt Collector
The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due, or asserted to be owed or due, to another person.
Creditors Using Name Other Than Their Own
The term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts.
Limited Application To Repossessors
Officer or Employee of a Creditor, Affiliates May Not Be Covered
The term does not include any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor. It also does not include any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts. See Section 803 (6) (A) reproduced here for illustration purposes only.
Government Employees Official Business & Process Servers Excluded
Also excluded are officers or employees of government entities to the extent that collecting or attempting to collect any debt is in the performance of his official duties, and any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt. See Section 803 (6) (C) reproduced here for illustration purposes only.
Nonprofit Consumer Credit Counseling May Be Excluded
Any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditor are excluded from the definition of "Debt Collector". See Section 803 (6) (E) reproduced here for illustration purposes only.
Miscellaneous Exclusions From "Debt Collector Definition
Section 803(6)(F) excludes from the term "debt collector" collection activity by a party about a debt that is incidental to a bona fide fiduciary obligation or escrow arrangement, was originated by such person; was not in default at the time it was obtained by such person; or was obtained by such person as a secured party in a commercial credit transaction involving the creditor. See Section 803(6)(F) reproduced here for illustration purposes only.
A copy of the Fair Debt Collection Practices Act is reproduced for illustration purposes only
here. A copy the FTC Official Staff Commentary on the Fair Debt Collection Practices Act is reproduced for illustration purposes only here. Read Sources and Disclaimer. Links do not return to this page. Use browser "back" button to return.
