Must attorney collectors follow the Fair Debt Collection Practices Act (FDCPA)?

The federal government has enacted the Fair Debt Collection Practices act. That act creates laws that limit the ways that a quote debt collector can approach collection situations. Whether an attorney meets the qualifications for a debt collector is something that requires a little bit of inquiry.

So normally in order to be a debt collector, it can’t be their own debt. So if an attorney is collecting on their own legal fees, they probably would not qualify under that act.

Furthermore, in order to be a debt collector, they have to be engaged in the regular practice of debt collection. So if it’s an attorney that only handles one or two debt collection cases, they probably would not fall under the act. Otherwise, they may be subject to the act’s laws.

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