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#1959755 - 09/05/14 06:05 PM Fair Debt Collections Practices Act Question
SouthernBanker Offline
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Joined: Aug 2011
Posts: 105
Hello, Consumer has written us requesting that we cease all communication with them and direct all communication to their attorney per the FDCPA.

Since we are a bank collecting our own debts, I believe we are exempt from the FDCPA requirements. Is that correct?

If we are subject to this requirement, do we have to cease sending the consumer statements and late notices as well?

Thanks in advance.

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#1959757 - 09/05/14 06:10 PM Re: Fair Debt Collections Practices Act Question SouthernBanker
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,393
Galveston, TX
You are correct, the collection of this debt is not covered under the FDCPA.

You do need to check your State law however. Sometimes State law is a little different.

Otherwise, if you are complying with any State laws, you are free to continue to do what you choose.

Apparently they don't have that sharp of an attorney if they are doing this under the attorney's advice.
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#1959759 - 09/05/14 06:12 PM Re: Fair Debt Collections Practices Act Question SouthernBanker
SouthernBanker Offline
100 Club
Joined: Aug 2011
Posts: 105
Thanks for the confirmation, I had the same thought as well.

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