What Isn’t Covered by the FDCPA?
You may be surprised to learn that the FDCPA does not cover all debt collection actions. Here are a few examples that do not apply.
Collections by a creditor collecting their own accounts may not be covered by the FDPCA.
The law defines a debt collector as someone whose principal business is collecting the debt due to another. Therefore in house collections are not covered by the FDCPA. However, they can be covered if they create the impression that they are either independent or a government agency. And even though these collections may not be covered by the FDPCA, they may be covered by your state’s debt collection statutes. Click to read your state’s statutes on debt collection.
A property manager collecting unpaid rent may not be covered by the FDCPA.
A property manager is most likely not covered because the person usually works for the property owner but if an attorney collects rent for a property owner and they regularly collect for others as well, then it is covered by the FDCPA.
Government employees collecting debts as part of official duty may not be covered by the FDCPA.
Student loans and debts are examples of government employees collecting debts on behalf of the government and as part of their official duties. However, when the government outsources the collection of their debts to an agency, the FDCPA will again apply.
Know Your State’s Statute and Policies Regarding Debt Collection
If the FDCPA does not apply to a debt collector who is contacting you, it is likely that your state’s policy toward debt collection may. Click to read more about your state’s fair debt collection laws.
