How Might The Type Of Debt Affect Your Rights Under The FDCPA?
There are many different types of debts people can have, and the Fair Debt Collection Practices Act (FDCPA). does not apply to all of them. For example, debts incurred by a business are not covered under the FDCPA. Also, nontransactional debts such as fines, traffic tickets or other municipal fees are not covered. The law only covers “consumer debts.”
Debt collectors that are collecting on nonconsumer debt do not have to comply with the FDCPA. Sometimes, seemingly unlawful conduct goes without consequences when debts are not under the protection of FDCPA. If you have questions about your situation, contact us at SmithMarco, P.C. We are consumer protection lawyers with 30 combined years of experience. We can explain your rights and defend them.
Definitions And Examples Of Personal Debts
A consumer debt, under the FDCPA, is generally one that is personal in nature and pertains to a transaction entered into between an individual and a merchant. The FDCPA states that it is a debt that is incurred “primarily for personal, family, or household purposes” (15 U.S.C. §1692a(5)). The most common debts collected by debt collectors are:
- Credit card debts, including bank-issued cards and merchant cards
- Medical debts involving doctors, hospitals and other providers
- Student loan debts
- Personal loans
- Cellphone bills
- Utility bills
- Bank overdraft charges
- Auto loans
- Payday loans
Explore our site to read about the most common types of debts and know what to expect if you have a debt of this nature that you are unable to pay. Better yet, to be sure whether a debt falls under the FDCPA or not, contact SmithMarco, P.C., for personalized advice.
Reach Out If You Have Debts That You Are Having Trouble Paying
We are inquisitive and persistent attorneys who have committed our careers to protecting consumers. We are confident that we can help you discover solutions while avoiding harsh outcomes.