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Debt Buyers and the FDCPA

The Fair Debt Collection Practices Act (FDCPA) makes a distinction between original creditors and third-party debt collectors. The FDCPA applies only to third-party debt collectors. So, for example, if you have an overdue bill at a store and a store employee calls in an attempt to collect the debt, the FDCPA doesn’t apply. However, if the store hires an outside debt collection agency to call you and collect the debt, the FDCPA does apply since the debt collection agency is a third party.

Debt buyers have attempted to argue in court that they do not have to abide by the FDCPA. Their argument went something like this: Because we have purchased the debt, we own it, and are thus original creditors and not third-party debt collectors. Rightfully so, courts have rejected that argument and have ruled that debt buyers are not exempt from the FDCPA.

Lemberg & Associates’ team
of consumer attorneys is highly
skilled and ready to help you
with debt collector abuse.

If you have been the victim of harassment or illegal or unfair debt collection practices, Lemberg & Associates will discuss your options with you and protect your rights. For more information, contact Lemberg & Associates today at .

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"The FDCPA is a consumer protection statute and was intended to permit, even encourage, attorneys like Lemberg to act as private attorney generals to pursue FDCPA claims."

U.S. Ninth Circuit Court of Appeals, Evon v. Law Offices of Sidney Mickell
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