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What types of debt collectors are subject to the FDCPA?

Virtually all third-party collection agencies and collection attorneys are considered debt collectors under the Fair Debt Collection Practices Act (FDCPA).

Under this federal law, a debt collector is any individual, firm or company whose primary business is to collect debts owed to another entity and whose communication methods include phone and/or mail.

Conversely, any company attempting to collect its own debts ("original" creditor) is not subject to the FDCPA's restrictions and requirements.

Government officers and employees also are excluded. The FDCPA exempts any federal, state or local government official or employee collecting or attempting to collect a debt in the performance of his or her official duties.

 

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