Sunday, March 16, 2008

Fair Debt Collection Practices Act

Martin v. Select Portfolio, 2008 WL 618788 (S.D.Ohio) - fdcpa distinguishes debt collectors from creditors, entity that services but does not own loan is a creditor and generally not subject to fdcpa. 102 fed appx. 484, if debt assigned for servicing before default, assignee is exempt from fdcpa, 76 f3d 103, servicing company is subject to fdcpa if loan was in default at the it acquired the loan 502 f3d 159 or based on an understanding that it was in default that is treats it as it were in default even if was not
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