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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Maybe you have a clear answer. I believe that NCO, a

Customer Question

Hi, maybe you have a clear answer for me. I believe that NCO, a collection agency is holding themselves out to be representatives from American Express Legal. I believe that ost of the communications from AMEX are from employees of NCO rather than AMEX and that attorneys that are suing on behalf of American Express are of counsel. Could this be construed as a violation of the FDCPA or any othe consumer protection statute?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It is not a violation of the Fair Debt Collection Practices Act to use a sub company as a collector for debts. In fact, it is just because they do use a separate company that is used solely to collect these debts that they even fall under the FDCPA, because if it were AMEX directly, they are not in the primary business of recovering or collecting debts and as such they could actually be excluded under the FDCPA, as the FDCPA applies to debt collectors which is defined as a company or person whose primary business is to collect debts and AMEX is in the primary business of issuing credit and lending money not collecting debts, NCO is a business primarily involved in collecting debt and as such they must comply with the FDCPA.

Customer: replied 1 year ago.
My question is that NCO is stating they are AMEX when they are not. Such action would wrongly preclude FDCPA action against NCO isn't that illegal under the act?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If they are an agent hired for AMEX, they are not legally misrepresenting themselves AS LONG AS they tell you that they are calling for purposes of collecting a debt and their company name. If all they are telling you is they are AMEX, then the company IS in violation of the FDCPA for misrepresenting themselves.