FDCPA (Fair Debt Collection Practices Act) does not apply to the primary creditor. The primary creditor is the original business of record on the obligation, so you would not break federal law as it pertains to FDCPA………but your state may have a law that mirrors FDCPA and may include rules that apply to the primary creditor and the CFPB expects creditors to follow FDCPA.
With the CFPB, creditors’ rights have become even more grey. Paul Edwards, president of Alliance Asset Management, says “the CFPB has stated that they expect the original creditor to follow the FDCPA guidelines and that FDCPA does not take into consideration the new technologies that consumers use.” Working with a licensed, reputable collection agency with a track record is a good way to protect you from frivolous law suits.
Want to know your states collection rules. Here is a good resource to start out with. It lists states that have supplementary collection acts on their books.
