The Fair Debt Collection Practices Act does not apply in all situations. “The FDCPA applies only if (1) a debt collector is trying to collect (2) a consumer debt from (3) a consumer.”


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  1. vladthepaler says:

    Well, right. But isn’t anyone who is trying to collect a debt a “debt collector”? And what is a “consumer debt”? Isn’t everyone a consumer? Is it possible for, say, a bottle of juice, which arguably is not a consumer but a consumee, to have debt? PAY UP OR I WILL DRINK YOU!!! YEAH, WHERE’S YOUR FAIR DEBT COLLECTION PRACTICES ACT NOW, YOU WELCH’S??!!

  2. kaikhor says:

    @vladthepaler: Actually, if you read the article it points out that not all “debt collectors” qualify. Basically, if you stop paying on your Discover Card, Discover can call to collect the balance and does not qualify as a debt collector (not their main business) but if Discover sells it to Dewey, Cheatum & Howe Debt Collection Agency, DC&H is a debt collector and does fall under the laws…it’s set up for big companies who can afford to keep a department of people (or an automated system that can send you to a CSR) from being sued when they call a million times a day…

  3. Red_Eye says:


    Sounds to me if you are working for Xyz Credit Cards say and you identify yourself as working for ABC law firm trying to collect then you’re a collector too(common practice for some creditors). So yeah as long as your credit card company is holding your debt and identifying themselves as themselves technically it looks like they can continue to behave as a non collector.