| Message |
Author |
 Posted: Mon Jun 25, 2007 10:27 am Subject: FDCPA regarding PDLs |
|
|
A well known NACA attorney tells me that the Fair Debt Collection Practices Act applies to payday loan companies as well as third party collectors because they loan for "personal or household purposes." I am no one to dispute a well know debt attorney but I read through the whole law and to me it looks like they are exempt unless they are collecting under a name other than the one they loaned with which would make them appear to be a third party collector. What take do you all have on this and does anyone know any laws that definitely apply to original lenders against harassment of the collection agency variety?
|
|
frogpatch
Moderator
Joined: 09 Apr 2007
Posts: 3629
Debtcc Points: 30484
|
|
|
| Posted: Mon Jun 25, 2007 11:07 am Subject: |
|
|
I know for sure that the FDCPA is not applicable on the pdl or any other credit company. The FDCPA only covers third party collection agencies. Each state may have applicable laws regarding telephone harassment. You need to call your AG and report the lenders harassing you
|
|
aciotsf
Debt Samaritan
Joined: 09 Mar 2006
Posts: 514
Debtcc Points: 6373
|
|
|
|
cajunbulldog
Moderator
Joined: 20 Dec 2006
Posts: 4886
Debtcc Points: 37793
|
|
|
| Posted: Mon Jun 25, 2007 11:13 am Subject: |
|
|
If this is the case which it appears to be, why would a well known lawyer who is regarded as a leading expert in the field not know that? I know that if lets say XYX lends you monnety and ABC trys to collect it, even though they are affiliated ABC is considered a third party. I will PM you his email!
|
|
frogpatch
Moderator
Joined: 09 Apr 2007
Posts: 3629
Debtcc Points: 30484
|
|
|
|
cajunbulldog
Moderator
Joined: 20 Dec 2006
Posts: 4886
Debtcc Points: 37793
|
|
|
| Posted: Mon Jun 25, 2007 11:23 am Subject: |
|
|
Bulldog, I guess you know who I am talking about. I pulled this much out of him but I don't know him well enough to ask him to go into detail.
|
|
frogpatch
Moderator
Joined: 09 Apr 2007
Posts: 3629
Debtcc Points: 30484
|
|
|
|
cajunbulldog
Moderator
Joined: 20 Dec 2006
Posts: 4886
Debtcc Points: 37793
|
|
|
| Posted: Mon Jun 25, 2007 1:34 pm Subject: |
|
|
No I am not hiring him. I just like his website. It has all the names and addresses of the worst collection agencies in the nation and how bad they reallty are.He answers his emails right away too. I think I got the site from you! Thanks. I may be looking for a lawyer if I can't beat this Geneva Roth on my own. They are insane. They would rather go to court and spend thousands on a case they have no chance of winning then to give me my hundred bucks back and leave me alone. They violated federal and state laws and I have it in writing. If I sue them it would be for tens of thousands of dollars. I just found a court case where Florida had their state usury laws upheld in Federal Court against an IPDL. So my next move is going to refer them to that case number.
|
|
frogpatch
Moderator
Joined: 09 Apr 2007
Posts: 3629
Debtcc Points: 30484
|
|
|
