Other Examples of Who Is and Who Is Not a Debt Collector

[David A. Szwak]

In Romine v. Diversified Collection Services, Inc., 155 F.3d 1142 (9th Cir. 1998), the Ninth Circuit held that Western Union was a debt collector when it advertised and employed its Automated Voice Telegram service to obtain the consumer’s previously unknown telephone number and forward it to the collection agency for use in its collection efforts.

The Eleventh Circuit has held that Educational Credit Mgmt. Corp. is not a debt collector because it was a bona fide fiduciary. Pelfrey v. Educational Credit Mgmt. Corp., 208 F.3d 945 (11th Cir. 2000). "We affirm the judgment of the district court granting the defendant's motion for judgment as a matter of law on the ground that the Fair Debt Collection Practices Act, 15 U.S.C. 1692, et seq. (1994), does not apply to the defendant, because the defendant is a "person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity ... is incidental to a bona fide fiduciary obligation...." 15 U.S.C. 1692a(6)(F)(i). See Pelfrey v. Educational Credit Management Corp., 71 F.Supp.2d 1161, 1172-74, 1179-80 (U.S.D.C. N.D. Ala.1999)."