FDCPA regarding PDLs

Date: Mon, 06/25/2007 - 10:27

Submitted by Frogpatch
on Mon, 06/25/2007 - 10:27

Posts: 5381 Credits: [Donate]

Total Replies: 7

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?

I know for sure that the fdcpa is not applicable on the pdl or a

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

lrhall41

Submitted by aciotsf on Mon, 06/25/2007 - 11:07

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If the loan was bought by a company while in default,fdcpa appli

If the loan was bought by a company while in default,fdcpa applies.If third party collectors are collecting,Fdcpa applies. In certain cases Oc can be brought in under Fdcpa,I will defer to an attorney for those cases.

lrhall41

Submitted by cajunbulldog on Mon, 06/25/2007 - 11:13

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If this is the case which it appears to be, why would a well kno

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!

lrhall41

Submitted by Frogpatch on Mon, 06/25/2007 - 11:13

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Frog that lawyer knows his stuff.If he is saying this,he most pr

Frog that lawyer knows his stuff.If he is saying this,he most probably has the caselaw to back up his position.

lrhall41

Submitted by cajunbulldog on Mon, 06/25/2007 - 11:17

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Bulldog, I guess you know who I am talking about. I pulled this

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.

lrhall41

Submitted by Frogpatch on Mon, 06/25/2007 - 11:23

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If you are thinking of hiring him,give me his name and I will ru

If you are thinking of hiring him,give me his name and I will run a Pacer check to see what his filing history looks like.I would need your state too to narrow down the results.You can pm this stuff to me.

lrhall41

Submitted by cajunbulldog on Mon, 06/25/2007 - 11:37

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No I am not hiring him. I just like his website. It has all the

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.

lrhall41

Submitted by Frogpatch on Mon, 06/25/2007 - 13:34

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