Fair Debt Collection Practices Act Terms Defined. What is a “Debt Collector”?

What is a Debt Collector?

The Fair Debt Collection Practices Act (FDCPA) defines the term “Debt Collector”  to include ”…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…” 

Debt Collectors are prohibited from the following actions:

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

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

(3) The publication of a list of consumers who allegedly refuse to pay debts.  This does not include a Credit Reporting Agency.

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

(5) 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.

(6) Failing to “meaningful disclose” the caller’s identity.