I have been reading posts that banks are not covered under the FDCA. Something about they are not considered debt collectors because their collections department are employed through the banks? Is this true. I find it hard to swallow.
So banks are not governed under any collection laws? As I see in the post above they are in some blatant violations.
I have been doing research on this subject, although I can find no case law, yet, referencing banks, I did find this opionion: 2. Under what circumstances is a property manager considered a debt collector? Under Section 803(6) of the FDCPA, a property manager who is an agent of a property owner ceases to be a "creditor" and becomes a "debt collector" when, "in the process of collecting [a rental payment], [the property manager] uses any name other than his own which would indicate that a third person is collecting or attempting to collect the debt." A property manager who is not an agent of the property owner becomes a "debt collector" if he regularly collects rental payments that were delinquent when the property owner assigned them to him. If a collections department within a bank regularly collects delinquent debt would this not qualify as a debt collector under the FDCA? Also second question it is being brought up if they change their name that they are a debt collector. For instance in my case my loan was with Huntington National Bank, but I am no longer speaking with bankers, I am speaking with Huntington Collection Agents.
So banks are not governed under any collection laws? As I see in the post above they are in some blatant violations. SPGardner ================== They come under the Truth In lending Laws And the FCBA