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Does the Federal Debt Collections Practices Act apply to commercial, as well as, personal cases?

Florence, KY |

We informed a very aggressive debt collector pursuing us that the debt he references "IS contested and that he is not allowed to contact us during the 'contesting period' as data is being collected for dispute." He says because it's "commercial," this does not appy or fall under that governance. He has continued to contact us anyway and threaten us with suit if he don't "pay up" immediately.

Attorney Answers 2


Only a single roundly criticized court case suggests that the FDCPA may apply to certain commercial debts: Moore v. Principal Credit, where the court ruled that a business debtor's FDCPA claim could survive a motion to dismiss (that's a long way from winning the case) because the debtor had been harassed at home.

Your state may, however, have protections on the books that exceed what federal law has available.

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Unfortunately, the collector is correct. He is not bound by the FDCPA which applies only to consumer debts--debts incurred for personal, family or household purposes.

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