FDCPA section 803

Discussion in 'Credit Talk' started by QUEEN_BEE, Mar 4, 2002.

  1. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    The FDCPA says:
    The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed,

    ...but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another (does this imply persons fitting this description are debt collectors instead?)
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    The term "debt collector" means any person who...principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. ...the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts...also includes any person who...principal purpose of which is the enforcement of security interests.

    The term does not include --
    ...any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;

    ...any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts (does this imply persons fitting this decsription are creditors instead?)

    ...And if anyone fitting this description: " any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person" is not a debt collector, but a creditor?
     

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