Kansas City bankruptcy lawyer Chelsea Williamson answers the question, What can I do if I am being harassed by a debt collector? She explains that one essential aspect of the Fair Debt Collection Practices Act (FDCPA) is that it specifically applies to third-party debt collectors. This distinction is often misunderstood, leading individuals to believe that the original creditor or lender is also subject to the FDCPA’s provisions. However, that is not the case.

If someone is experiencing harassment, receiving multiple daily calls or letters, and it is coming directly from the original creditor, it does not fall under the jurisdiction of the Fair Debt Collection Practices Act. The FDCPA exclusively applies when a third-party debt collector is involved. Understanding this initial criterion is crucial in determining whether a case can be pursued under the federal statute.