Is it true if my car loan company claims that they do not have to follow FDCPA because they are the lienholders?
Question Details: I accidentally missed direct debit payment due to a bank account change and they were extremely harassing until I made the payment, right after the due date. I asked to cease and desist collections calls after reviewing FDCPA.
The Fair Debt Collections Practices Act applies to "debt collectors," which are basically collections agencies--someone (person or business) trying to collect the debt of a third party, not its own debt. The FDCPA's protections do not apply against a person or business trying to collect a debt owed directly to it. If the loan company is the lien holder, FCPA protections would therefore seem to not apply against it.
