The Fair Debt Collection Practices Act protects consumers from abusive collection conduct of debt collectors. But, isn’t everyone who calls to collect a debt a "debt collector"? Not necessarily. The Fair Debt Collection Practices Act defines a debt collector as any person whose main business is collecting debts or who regularly collects debts owed to another person. However, creditors who collect their own debts are exempted from the Act's definition of "debt collector" and therefore exempted from the prohibitions of the Act. However, while they may have more leeway in collecting debts, creditors do not have free reign to abuse consumers. Legal theories such as invasion of privacy may help protect consumers by requiring creditors’ debt collection conduct to be reasonable as well as reasonably related to legitimate collection efforts. Conduct which includes threats, name-calling or harassment may not be considered “reasonable” and may therefore expose a creditor to liability. An attorney can help you determine whether a creditor’s debt collection efforts are actionable or not. -Meredith Phillips (205) 912-8244
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