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FDCPA and the Payday lenders

Date: Tue, 11/13/2007 - 13:07

Submitted by Frogpatch
on Tue, 11/13/2007 - 13:07

Posts: 5381 Credits: [Donate]

Total Replies: 9


Here is a little snippet I took from the FDIC. It agrees with what I heard from a NACA attorney but I could never find supporting documentation. A Pay Day lender is in most cases an independent contractor for a larger financial institution which makes them a third party lender. Not the original lender therefore subject possibly to the fdcpa. The key phrase in this paragraph is "may become subject to."

Fair Debt Collection Practices Act (FDCPA)

If a bank engages in payday lending through an arrangement with a third party, and the third party collects defaulted debts on behalf of the bank, the third party may become subject to the provisions of the FDCPA. Although the bank itself may not be subject to the FDCPA, it may face reputational risk if the third party violates the FDCPA in collecting the bank's loans. A compliance program should provide for monitoring of collection activities, including collection calls, of any third party on behalf of the bank.


If we could find out who the lenders to the PDLs are we could use that to stop the harassment. These places like Westbury Ventures are at times worse than the collection agencies with there threats. Maybe if they risked losing there funding it would stop. I know that the Bank of Delaware cut off a couple of them because of their tactics.


lrhall41

Submitted by Frogpatch on Tue, 11/13/2007 - 13:22

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