Legal Question in Business Law in New York

FDCPA regulations

As a teacher in a private, post high school trade school, that recieves state funding for tuition. Is there a legal problem with us calling absent students up to 3 time a day to get them to attend. The funding is released in stages according to there attendence. We are required to call as many as 3 times per day, leaving messages, and contacting other family members informing them of a students absence. This seems very close to FDCPA rules, although the definition of ''creditior'' is vague a student can lose there funding with too much abseteeism. We are calling all absent students to prevent them from losing there funding or exceeding the time limit they may attend to graduate. After exceeding that limit they incur charge back at wich point they owe money against there loan. Again we are required to call up to three times an absent student and talk to whomever answers the phone. Is this harrasement under FDCPA regulations?


Asked on 12/04/08, 6:25 pm

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: FDCPA regulations

It sounds like it. The difference is that hose are for consumer protection in credit situations, not intended to govern with student attendance.

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Answered on 12/05/08, 6:56 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: FDCPA regulations

It sounds like it. The difference is that hose are for consumer protection in credit situations, not intended to govern with student attendance.

Read more
Answered on 12/05/08, 6:56 am


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