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 Post subject: Who is a "Consumer"?
PostPosted: Sun Aug 06, 2006 9:38 pm 
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The FDCPA applies to "consumer" debts, and certain substantive provisions only protect "consumers." A "consumer" is "any natural person obligated or allegedly obligated to pay any debt." 15 U.S.C. 1692a(3).

The consumer's executrix has standing to bring an FDCPA action. Wright v. Finance Service of Norwalk, Inc., 996 F.2d 820 (6th Cir. 1993); Riveria v. MAB Collections, Inc., 682 F.Supp. 174 (U.S.D.C. W.D. N.Y. 1988).

It should be noted that certain substantive protections of the FDCPA are not limited to "consumers." West v. Costen, 558 F.Supp. 570 (U.S.D.C. W.D. Va. 1983).

One need not be a consumer to recover under provisions of the FDCPA which apply to any "person," e.g., 15 U.S.C. 1692e. Other provisions of the FDCPA, e.g., 15 U.S.C. 1692c, only protect a "consumer."


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