ABA Family Legal Guide

Consumer Credit

Debt, Debt Collection, and Credit Repair

Debt Collection and the Law

Who is a debt collector?

Under the federal Fair Debt Collection Practices Act (FDCPA), a debt collector is someone, other than a creditor, who regularly collects debts on behalf of others. This federal law does not cover creditors, although your state laws in many cases may govern them. Thus, a retailer who attempts to collect unpaid debts owed to it would not be covered by the FDCPA, but may be covered by the laws of the state where the delinquent consumer resides. These laws are usually similar to the federal Fair Debt Collection Practices Act.