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  #1  
Old 07-20-2008, 10:35 PM
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Military & Fair Debt Collections Practices Act


What is the name of your state (only U.S. law)? Kansas but for any military base.

I just have a question about the FDCPA and how it may apply to businesses that are owed money by soldiers. I am in a position that I get notices from these businesses (not usually debt collectors but the original lenders) when my soldiers are delinquent in paying their bills.

At the same time I own rental property and my property manager says it would violate the FDCPA to contact my military renters Commanders if they are delinquent. Again, not debt collectors, but my PM.

the question I have is: is it a violation of the FDCPA to contact a soldiers Commander (employer) directly when he is delinquent or is it an acceptable practice?

Thanks all.

Last edited by mtnstyne; 07-20-2008 at 10:38 PM.
  #2  
Old 07-20-2008, 10:42 PM
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Quote:
Originally Posted by mtnstyne View Post
is it a violation of the FDCPA to contact a soldiers Commander (employer) directly when he is delinquent or is it an acceptable practice?
My opinion... it would be a violation of the FDCPA.
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  #3  
Old 07-20-2008, 10:52 PM
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I guess a second question would also be:

Doesn't the FDCPA only apply to debt collectors and not original creditors anyway?
  #4  
Old 07-21-2008, 03:24 AM
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Quote:
Originally Posted by mtnstyne View Post
What is the name of your state (only U.S. law)? Kansas but for any military base.

I just have a question about the FDCPA and how it may apply to businesses that are owed money by soldiers. I am in a position that I get notices from these businesses (not usually debt collectors but the original lenders) when my soldiers are delinquent in paying their bills.

At the same time I own rental property and my property manager says it would violate the FDCPA to contact my military renters Commanders if they are delinquent. Again, not debt collectors, but my PM.

the question I have is: is it a violation of the FDCPA to contact a soldiers Commander (employer) directly when he is delinquent or is it an acceptable practice?

Thanks all.
It isn't a violation for the original creditor (you), as the FDCPA doesn't apply to OCs.

DC
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