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So this is a government entity, and an original creditor. The AG is involved because the State Government is the creditor, through its agency, the university. I don't think FDCPA applies to original creditors, does it?
I also think the FCRA will have limited impact on a government entity.
This is a whole different ballgame.
@chasmith wrote:So this is a government entity, and an original creditor. The AG is involved because the State Government is the creditor, through its agency, the university. I don't think FDCPA applies to original creditors, does it?
I also think the FCRA will have limited impact on a government entity.
This is a whole different ballgame.
If the OC is collecting and uses a name other than OC, yes, the FDCPA could apply. For instance an in house collection that doesn't use AG but something else.
The FCRA applies to all entities, government or not. Just because they are a government agency doesn't keep them from following the rules and regulations of credit reporting.
+1
"FDCPA 803(6)
The term "debt collector" .... includes any creditor who, in the process of collecting its own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts"
"FCRA 603(b)
The term "person" means any individual, partnership, corporation, trust, estate, cooperative, association, government of govenmental subdivision or agency, or other entity."
@Anonymous wrote:
Hmm... government or not, they should be required to provide supporting documentation for the claim. Not familiar with the state laws but under different data pratice laws you can request documentation. May need an attorney to protect your rights. Very strange.
It isn't the government (the AG office). The debt was sent to them from the OC without any documentation due to all of it being deleted on a computer upgrade.
They are taking the Universities word for it.
I agree an attorney may be needed.