Federal Fair Debt Collection Practices Act（联邦公平债务收集法》）.pdf

Federal Fair Debt Collection Practices Act (“FDCPA”) Federal law governing the conduct of third party debt collectors (collection agencies and lawyers) who collect “consumer” debts for creditors Presented By: Tracy A. Kennedy Zimney Foster P.C. Materials Prepared by John S. Foster 3100 South Columbia Road Ste. 200 PO Box 13417 Grand Forks, ND 58208-3417 (701) 772-8111 The Federal Fair Debt Collection Practices Act (FDCPA) is found at 15 US Code §1692 et. seq. 1. Applies to third party debt collectors -- excludes creditors collecting their own debts. 2. Applies to “consumer debts” -- debts incurred primarily for personal, family or household use. Business and agricultural debts are excluded.  Consumer debts include credit card collections, the foreclosure of a home mortgage, past due utility bills, condominium fees and time share debts, telephone and cell phone bills, etc.  Foreclosure of a farm mortgage, even if it includes the farm homestead, is not a consumer debt.  Courts have held that collection of alimony and child support is not a consumer debt  Collection on a retail installment contract sold by a car dealer to a bank, even though it may be a consumer debt originating at a car dealer, has been held by the courts not to come under FDCPA, because the bank that bought the retail installment contract is legally deemed considered to be collecting its own debts – remember FDCPA applies on