Who do the FDCPA rules apply to?
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Who do the FDCPA rules apply to?
I received a call from a company saying that they were in the process of filing 2 counts of check fraud against me. Thisis for a on-line payday loan that I supposedly took out (which I have never took out an online payday loan). When I ask for a website to look up to verify this company he told me to google them but when I do nothing comes up. He told me that he recorded our phone conversation and he will use it against me in court however there was no recording saying that this call was being recorded. I asked him for proof of this loan and he said he doesnt have to give any.
Asked on April 12, 2012 under Bankruptcy Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The FDCPA, or Fair Debt Collections Practices Act, applies to "debt collectors," who are persons or businesses who regularly (or are in the business of) collecting debts owed to others--such as collections agencies and certain attorneys. It does not apply to someone trying to collect a debt owed directly to that person or business. Below is a link to a helpful guide put out by the Federal Trade Commission, which oversees the FDCPA:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm
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