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I have a debt collector who continues to call me and my spouse after I have sent a certified letter asking for them to communicate via mail only. Can they be pursued for violating the fair debt collections practices act?
Sep 15, 2021
Bankruptcy
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

There is not enough information in your post to really assess whether you have a valid claim or not. The FDCPA only applies to debt collectors and the definition of who is a debt collector was recently limited. The FDCPA defines a debt collector as any person who regularly collects, or attempts to collect, consumer debts for another person or institution or uses some name other than its own when collecting its own consumer debts. So in this case, if the debt was legitimately sold to another company and they now own the debt and are trying to collect on a debt they actually own it would not be a violation.

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