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California Debt Blog: FAQ: Does the FDCPA apply to the original creditor?

May 21, 2007 by Jonathan Stein

Q: I have a credit card. I am behind in payments. I have been receiving a lot of phone calls from the credit card company. I think they are harassing me. Do I have any protection?

A: You may have some protection, but not from the Fair Debt Collection Practices Act or the Rosenthal Fair Debt Collection Practices Act. These two acts prevent harassing and abusive behavior from collection agencies. The original creditor does not qualify as a debt collector according to these two laws. Therefore, this does not provide you with any protection.

Categories: FAQ, FDCPA, Rosenthal FDCPA

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