Legal Question in Credit and Debt Law in Iowa

I was accidentally late on my car payment by a few days as I changed banks and did not get the new bank info to the loan company before they attempted to ACH my payment. For the few days it was late, they called myself and family non-stop. Finally fed up (the payment has been made btw), I asked them to stop calls per FDCPA laws. They said that they will not and do not have to as they do not have to oblige to FDCPA as they are a lien holder. Is this true?


Asked on 4/12/12, 8:24 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

If they have not declared the debt to be in default they're not subject to FDCPA. Here's a good resource: http://www.klgates.com/files/Publication/235c2834-b817-4ca0-ab32-82803dfe4380/Presentation/PublicationAttachment/4cabce98-c258-4fac-97b2-48e1e78832df/MBC_2nd_Circuit_0703.pdf

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Answered on 4/12/12, 9:03 am


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