Who is Subject to All Provisions of the Fair Debt Collection Practices Act (FDCPA)?

Generally, the following must abide by the FDCPA when collecting consumer debts:

1. Collection Agencies - any person whose principal business is collecting debts and any person who regularly collects debts owed to another (15 U.S.C. Section 1692a(6)).
2. Attorneys - any attorney who regularly collects consumer debts owed or due or asserted to be owed or due another (Pub. L. No. 99-361, 100 Stat. 768 (effective July 9, 1986.))
3. Creditors Using False Names - when a creditor uses a name other than its own which suggests the involvement of a third party collector, poses as a collection agency, or uses a third party’s name in its collection efforts.
4. Creditors Collecting For Another Person - when one creditor collects the delinquent debts for another creditor.
5. Some Repossession and Foreclosure Companies - whose principal business is enforcing security interests of specific unfair on unconscionable means of enforcing security interests.
6. Suppliers or Designers of Deceptive Forms - 15 U.S.C. 1692j.
7. Purchasers of Debt After Default - 15 U.S.C. 1692a(4).
8. Credit Counselors For Profit - The FDCPA only excludes from its coverage bona fide nonprofit consumer credits counselors.  15 U.S.C. 1692a(6)(E).
9. Check “Guarantee” Services - dishonored check collectors and/or reporting agencies.