To have a FDCPA case, you have to have the essential “elements” or your case can, and should, be tossed out. Keep this in mind when evaluating your case. Also, keep these in mind when you are writing your complaint. Neglecting one of these elements could be a fatal error.
Elements of an FDCPA Violation:
A lawsuit under the FDCPA requires four essential elements:
(1) A consumer—“any natural person obligated or allegedly
obligated to pay any debt”;
(2) A consumer debt—“any real or alleged obligation…[incurred] primarily
for personal, family or household purposes”;
(3) A debt collector—any person using interstate commerce
who regularly collects debts;
and
(4) A violation of the FDCPA.
Fight the Essential Fight, Boiler
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I would add to emphasize and clarify that to involve the FDCPA then the debt must be:
a) Be household related and nothing to do with a business.
b) Must involve a debt collector and not the original creditor. Usually, a third party debt is involved after 180 days; this is where a charge-off occurs and debt is bought by a junk debt buyer.
Mel,
Thanks, your statements are both true!
Boiler