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In House collections

Date: Wed, 07/01/2009 - 13:03

Submitted by mont_tatum
on Wed, 07/01/2009 - 13:03

Posts: 114 Credits: [Donate]

Total Replies: 5


I need to find case law and status for in house collection departments. I understand they do not have to follow the FDCPA if they are the original creditor unless; that depertment is for collections only. Does anyone have valid information on this and case law to support court rulings on this?


If it is a in house collection company under a different name but is owned by the same company and only collects for that company then they do not have to follow the FDCPA, If they are related but collect for anyone, it does not matter and they have to follow the FDCPA.

If it is a in house collection company under a different name and is not related to the company they are collecting for then they DO have to follow the FDCPA as long as the debt is in default.


Hope this helps


lrhall41

Submitted by on Sun, 07/05/2009 - 06:23

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I see what you are saying now. If a company uses another company's name and that company is not involved then the original creditor would have to follow the FDCPA. That is what Paragraph 6 of the Definitions of the FDCPA says.

That means that if an employee says they are a law firm or a different company when they are an employee of the original creditor, they have to follow the FDCPA.


lrhall41

Submitted by on Sun, 07/05/2009 - 06:39

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