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PostPosted: Sat Oct 13, 2007 2:46 am 
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“A distinction between creditors and debt collectors is fundamental to the FDCPA, which does not regulate creditors' activities at all.â€

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Bodenheimer, Jones & Szwak
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PostPosted: Sat Oct 13, 2007 2:49 am 
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A creditor is ordinarily not subject to the FDCPA. See Carlson v. Long Island Jewish Med. Ctr., 378 F.Supp.2d 128, 130-31 (E.D.N.Y.2005) (“Thus, by its terms, the FDCPA limits its reach to those collecting the dues ‘of another’ and does not restrict the activities of creditors seeking to collect their own.â€

_________________
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


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PostPosted: Sun Nov 18, 2007 9:05 pm 
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1. McAdams v. Citifinancial Mortg. Co., Inc. of NY,
Not Reported in F.Supp.2d, 2007 WL 141128, M.D.La., January 16, 2007 (NO. CIV.A.06 27 A)

...of a debt in default solely for the purpose of facilitating collection of such debt for another. 15 U.S.C.A. § 1692a(4) Analysis Consideration of the Plaintiffs' Supplemental Brief Defendant asserted that the plaintiffs were permitted to file a supplemental opposition memorandum...

...a loan but later obtained the debt while it was in default.FN 30 Satisfying the definition of “creditorâ€

_________________
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


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