Jacob D. Zamora


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Table of Contents

  1. What Is The Purpose Of The Fair Debt Collection Practices Act ?
  2. Am I A Consumer Under The Fair Debt Collection Practices Act ?
  3. What Is A Debt Collector Under The Fair Debt Collection Practices Act ?
  4. Does the Fair Debt Collection Practices Act Provide Protection For Business Debts ?
  5. What Type Of Debt Collection Practices Are Prohibited ?
  6. What Damages Are Available For Violations Of The Fair Debt Collection Practices Act ?

What Is The Purpose Of The Fair Debt Collection Practices Act ?

The purpose of the Fair Debt Collection Practices Act is to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.

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Am I A Consumer Under The Fair Debt Collection Practices Act ?

The term “consumer” means any natural person obligated or allegedly obligated to pay any debt.

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What Is A Debt Collector Under The Fair Debt Collection Practices Act ?

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 another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, 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. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include—

      (A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;

      (B) 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 § 803 15 USC 1692a for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;

     (C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;

     (D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;

     (E) 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 creditors; and,

     (F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity

         (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement;

         (ii) concerns a debt which was originated by such person;

         (iii) concerns a debt which was not in default at the time it was obtained by such person; or,

         (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.

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Does the Fair Debt Collection Practices Act Provide Protection For Business Debts ?

The simple answer is no.  The Fair Debt Collection Practices Act only provides protection for personal debts.  The Fair Debt Collection Practices Act defines a covered debt as:

     Any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

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What Type Of Debt Collection Practices Are Prohibited ?

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Generally, a debt collector is prohibited from engaging in the following conduct:

     The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

     The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

     The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a (f) or 1681b (3)of this title.

     The advertisement for sale of any debt to coerce payment of the debt.

     Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

     Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller’s identity.

As a public service, the Federal Trade Commission has prepared a booklet discussing the Fair Debt Collection Practices Act. The booklet can be accessed through the Federal Trade Commission's website.
   

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What Damages Are Available For Violations Of The Fair Debt Collection Practices Act ?

You as a consumer may be entitled to damages for each separate violation of the Fair Debt Collection Practices Act.  The law generally provides for the recovery of Statutory Damages and Actual Damages.

     The first type of damages are referred to as Statutory Damages.  Statutory Damages can range between $100 and $1,000.

     The second type of damages available for violations of the Fair Debt Collection Practices Act are Actual Damages.  Actual Damages are those amounts of money recovered for actual and tangible losses, which can include a recovery of attorney's fees and costs. 

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LAW OFFICE OF JACOB D. ZAMORA.
Copyright © 2008  [LAW OFFICE OF JACOB D. ZAMORA]. All rights reserved.
Revised: January 04, 2009 .