Can you help me understand what the FDCPA is saying in these paragraphs?

General Questions
#1

**I am trying to learn what the meaning of these two paragraphs mean from the FDCPA. I am trying to figure out if if these rules apply to someone who has contacted about money that they claim that I owe them.

This is the website:http://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#803. I am having difficulty with number 6 (and F); what they are defining “debt collector” as I am not completely sure. This is what number 6 and (F) says:**

**"(6) The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the 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. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, 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. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests…

(F) 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; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor."**

**This is what I have so far in an effort to make sense of it:
**
**6. It means anyone who uses any part of interstate commerce or the mail of any business for collection of a debt, or who regularly attempts to collect debts owed (or claimed to be owed). (F) is not included in this, but “debt collector” includes any creditor who in trying to collect his own debts, uses a name other then his own which would make it seem like a third party is trying to collect the debt. For the purpose of what they are not allowed to do, the term “debt collector” includes anyone who uses any part of interstate commerce or the mail in a business for which the purpose is the enforcement of security interests.

(F)These are not included in the term: debt collector

  1. A debt collector that made a deal based on a trustee done in good faith
    2A debt collecter that made an arrangement who’s money is held conditionally. done in good faith
  2. Concerns a debt that was originated by such a person
  3. Concerns a debt which was not in defaulted on at the time,
    **

Am I close? Even if I am right about (F) I still don’t comprehend exactly what it is saying.

#2

If I had to sum it up in two sentences, it would be as follows:

Debt collectors are collection agencies and not original creditors. Also we ain’t talking about money held in trust like attorney retainers and bank trustees.

So if you owe money on a Chase Bank credit card, whatever Chase itself does it is not subject to the provisions of the FDCPA. If Chase writes off the debt and sells it to Vinny’s Collection Agency, when Vinny tries to collect, he is subject to the FDCPA.

Also, don’t worry about the “instrumentalities of interstate commerce” language. It’s merely a jurisdictional hook for the feds. Mail, email, telephone, travelling on the public roads to get to your house, etc. are all such instrumentalities.

#3

Thanks for the help. Would you mind however going into a bit more detail on how it comes across as it is not about the original creditors? I personally don’t see it in the paragraphs (and I want to), so if it’s not too much effort on your end can you show me how you are getting that? (By the way: this isn’t saying you’re wrong, I just want to see it for myself). Thanks again.

#4

At the end of paragraph 6, it says that the term debt collector “does not include” exception (F) which states in part:

“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… (ii) concerns a debt which was originated by such person”

Since, in my example, Chase would have originated said debt, it is not defined as a debt collector for the purposes of the FDCPA.

#5

Curiosity has gotten the best of me: did the text change color because you first pasted it from a website that had it in a different color? Or is there some reason you chose to use that color?

#6

:slight_smile:
BigT: Well, when I was writing it, the original black and white seemed like on initial glance it wasn’t instantly easy to pick out what was going on. I was trying to change the color to make it appear more visually easier to pick up. I posted it, and realized that there seemed to be a couple of bugs it. I tried to change it a couple more times, and the last time I tried to change it it locked me out (5 min. editing period). So that is the one that it ended up on although I was trying to change the orange back to black on the last one I believe.

#7

I see what you are saying. I didn’t read (ii) as being the original person who is trying to get the money, but I thought it was about something earlier in the same paragraph which was referring to (i) in the same paragraph. What you are saying makes sense though, and I think that would make the person in question not under the FDCPA, although they are using another company name to collect the debt so I need to check that out…

( (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; )