Differences between an individual Consumer and an LLC?

[Guest-1662]

Hello,

Are there legal differences between an individual consumer and an LLC when it comes to their protection against unfair debt collection practices?

My fiance's company wrote a bad check which they have already agreed to re-pay within 2 weeks. In the meantime, a debt collector is telling her that she committed "Equitable Fraud" and has not only threatened to but actually contacted some of the customers of her business claiming that because of the Equitable Fraud somehow her company's customers could be potentially liable for the debt. I see it as either an intimidation tactic or as a thinly veiled attempt to skirt the law when it comes to contacting third parties when collecting debt. From what I have read, it is strictly forbidden to contact third parties, is this case different due to the accusation of "Equitable Fraud" or because it is an LLC instead of an individual consumer?

Thanks for any information

[David A. Szwak]

Hello,

Are there legal differences between an individual consumer and an LLC when it comes to their protection against unfair debt collection practices?

My fiance's company wrote a bad check which they have already agreed to re-pay within 2 weeks.  In the meantime, a debt collector is telling her that she committed "Equitable Fraud" and has not only threatened to but actually contacted some of the customers of her business claiming that because of the Equitable Fraud somehow her company's customers could be potentially liable for the debt.  I see it as either an intimidation tactic or as a thinly veiled attempt to skirt the law when it comes to contacting third parties when collecting debt.  From what I have read, it is strictly forbidden to contact third parties, is this case different due to the accusation of "Equitable Fraud" or because it is an LLC instead of an individual consumer?

Thanks for any information

The FDCPA protects a consumer from certain practices.  I do not think an LLC has rights under the FDCPA to sue a debt collector.  She, however, does have rights under the FDCPA.  There is some split in the law regarding her protection given that it appears to be a business transaction debt.  "Equitable fraud"?