Law firms may be able to get around the FDCPA. A law firm is only bound by the FDCPA if they can be said to be collecting debts on a “regular basis.” The definition of regular is one big grey area. Many lawyers will continue to abide by it whether they think they have to or not, just as a matter of prudence.

Does FDCPA apply to law firms?

Despite the sponsor’s clear intent, courts have applied the FDCPA to creditor attorneys even when they are engaged in litigation activities.

Who qualifies for protection under FDCPA?

The FDCPA broadly defines a debt collector as “any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or …

Can a law firm help with debt collection?

A law firm may assist in collecting a debt, but if they do they are subject to the same rules and restrictions as any other creditor or collection agency. (See our previous postings regarding abusive and harassing debt collection tactics and your rights as a consumer in debt collection.)

What does it mean to be a debt collector?

The world of debt buyers, debt collectors, and debt collection law firms creates all sorts of confusion for consumers. The next time you get a collection letter, pay attention to the details. A collection letter is just that: an attempt to collect a debt.

Can a debt collector Sue you for a debt?

A collection letter is just that: an attempt to collect a debt. It is not a lawsuit. It may be a precursor to a lawsuit, but in order to get sued, you need to be served with a summons and complaint. That said, a collection letter may be provide clues about whether you will be sued and how soon.

Can a law firm be a collection agency in Florida?

Due to the harsh punishment involved with violating such rules, Florida courts look at a variety of factors in determining whether a collection letter from a law firm is misleading or harassing. Here are some important items to look for if you receive a communication from a law firm regarding a debt: