Original Creditors May Become Subject to Fair Debt Collection Practices Act

Currently, the Fair Debt Collection Practices Act (the “FDCPA”) does not apply to creditors that are attempting to collect a debt, only debt collectors or third party debt buyers.   The Act lays out rules and restrictions for the conduct of debt collectors when dealing with debtors, and provides certain protections to debtors. In a recent bulletin, the CFPB announced that it intended to extend accountability for unfair, deceptive, or abusive practices to creditors as well.


Consumers that are dealing with harassment from their creditors or from debt collectors should immediately contact a qualified debt settlement attorney to ensure that their rights are not being violated. Working with an attorney will likely stop the harassment, and can result in a favorable settlement while avoiding a default judgment.

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Kevin Fallon McCarthy

Kevin Fallon McCarthy is the McCarthy Law PLC’s managing attorney and an experienced Phoenix debt attorney. Mr. McCarthy has also worked as general counsel for a large corporation. He has corporate counsel experience in human resource matters, general corporate governance, and union class action litigation.