Is it true if my car loan company claims that they do not have to follow FDCPA because they are the lienholders?

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Is it true if my car loan company claims that they do not have to follow FDCPA because they are the lienholders?

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.

Asked on April 12, 2012 under Bankruptcy Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

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.


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