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FDCPA cover original creditors?

Columbus, OH |

Based on the FDCPA, I don't find anything that says it doesn't cover original creditors. Am I missing something?

FDCPA, P3 section 4
"The term “creditor” means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating col- lection of such debt for another."

http://www.ftc.gov/bcp/edu/pubs/consumer/credit...

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Attorney answers 3

Posted

That's too broad of a question if you want a technical answer you must ask a specific question.

If your question is, is the entity that extended credit, a creditor. The answer is yes.

My confusion is, you asked about "original creditor", under FDCPA, creditors are protected, it's debt collectors that are not protected. So you are misunderstanding something.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.avanesianlaw.com for more information about my services.

Posted

The FDCPA only applies to debt collectors as defined by the Act.

NOTE: This Answer does not constitute legal advice. Every case is fact specific. To render a legal opinion, an attorney must engage in a consultation with a prospective client and review any pertinent documents. This communication does not create an attorney-client relationship with Attorney Amy L. Wells or WELLS LAW OFFICE, INC.

Posted

The FDCPA does not apply to original creditors. The section you are referring to is merely a definitional section, that doe not mean the the act covers the actions of original creditors.

Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her firm. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

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