Determining Governing Provisions FDCPA Debt Collection

In order to determine whether an individual or entity is governed by the provisions of the FDCPA, you must first review some important definitions. Under the FDCPA, a communication is defined as “the conveying of information regarding a debt directly, or indirectly to any person through any medium.”

Ernest H. “Skip” Kohlmyer, III, Esq., LL.M, is a litigation attorney and shareholder with Urban Thier Federer & Chinnery, P.A. based in the Orlando office. His practice focuses primarily on insurance defense litigation relating to the Fair Debt Collection Practices Act (“FDCPA”), Florida’s Consumer Collection Practices Act (“FCCPA”), Fair Credit Reporting Act (“FCRA”), and/or the Telephone Consumer Protection Act (“TCPA”).

Mr. Kohlmyer represents collection agencies, debt buyers, Florida public entities in areas in land use, civil rights, constitutional law, consumer protection litigation, corporate and business law, insurance defense, and international business transactions.

In this CLE class clip Mr. Kohlmyer discusses Determining Governing Provisions FDCPA Debt Collection.

Watch the Full Debt Collection Telephone Calls FDCPA & TCPA Compliance CLE Class

Ernest H. Kohlmyer, III, Esq., LL.M.
Urban, Thier, Federer & Chinnery, P.A.
200 South Orange Avenue, Suite 2000
Orlando, Florida 32801

The communication involves the collection of a “debt” and must be between a “consumer” and a “debt collector” in order for the FDCPA to apply. The term “debt” is defined as, “any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to a judgement.”

The term “consumer” is defined as, “any natural person obligated or allegedly obligated to pay any debt.” Most importantly, the individual or entity seeking the collection of the debt, must be considered a “debt collector.”

A “debt collector” is, “any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collect or attempt to collect, directly or indirectly, debts owed or due or asserted to be owned or due another.”

{15 U.S.C.Section 1692}

For more important information on Determining Governing Provisions FDCPA Debt Collection, check out the full CLE class video by Ernest H. “Skip” Kohlmyer, III, Esq., LL.M.