The short answer is YES!
Let’s take a more in-depth look here.
There are a lot of different terms for the people who call or text you attempting to collect credit accounts that are past due. I want to take the mystery out of these terms and tell you EXACTLY who and what you are dealing with when someone call or texts you looking for money. Being informed can help you utilize the Fair Debt Collection Practices Act (FDCPA) and protect your rights. So let’s take a look at three different entities that might call or text asking you to pay your debts: the original creditor, the debt collector, and the collection agency.
The Original Creditor
In most cases, the original creditor refers to the company that first gave you credit or a loan. If you are in debt or if you aren’t making payments, an original creditor might try to collect what you owe by contacting you. Pretty straightforward, right?
The Debt Collector
An original creditor can collect credit directly or it can hire a debt collector to do this. A debt collector is therefore a third party who is contracted to collect your debt by the original creditor. In some cases, an original creditor can sell your account to the debt collector. This will mean that the debt collector has bought your credit account from your original creditor and is now trying to collect it for its own purposes.
A collection agency can act as the original creditor or the debt collector, depending on the circumstance. In most cases, the original creditor or debt collector is not a single person, but an agency. Therefore, whoever tries to collect your debt will be referred to as the collection agency.
You cannot be harassed by ANY of these entities and they must follow specific guidelines when trying to collect money or credit from you. If one of these entities violates the FDCPA, that agency will face legal action. If you feel that a debt collector or an original creditor has violated the FDCPA, contact me! With my knowledge of the FDCPA, I can determine if you have a valid claim or not. We can discuss your case during a FREE consultation. Be sure to check the blog next week for a post about debt buying in which I will discuss the process of a debt collector buying debt in more detail.