California, United States of America
The following excerpt is from Tostado v. Rehabbers Fin., Inc., B240628 (Cal. App. 2013):
courts which have looked at the definition of "debt collector" have uniformly held that the FCDPA does not apply to a bank acting to collect a debt owed to itself. (See Thomasson v. Bank One, Louisiana, N.A. (E.D.La. 2001) 137 F.Supp.2d 721, 724 [in collecting on its own debts, a bank does not meet the criteria of a 'debt collector' pursuant to the FDCPA "because as a bank it primarily loans money to consumers rather than collects outstanding debts"].) Here, plaintiffs' complaint alleges that Aztec was attempting to collect a debt on its own behalf; under the FDCPA, Aztec is not a debt collector. Therefore, the claim fails as a matter of law.
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