Yes, but that also depends on many different factors. What is the lawyer job duty is he collecting debt on daily basis. Is that his main business or he was only hired to collect on just one occasion?
What Fair Debt Collection Practices Act covers?
The Fair Debt Collection Practices Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business. The Fair Debt Collection Practices Act qualifies debt as any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.15 U.S.C. § 1692a (5).
What is Debt Collector under Fair Debt Collection Practices Act?
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis and companies that buy delinquent debts and then try to collect them. Debt Collector is defined as “any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.” 15 U.S.C. §1692a(6)
How attorney qualify as a Debt Collector?
Attorneys qualify as a debt collectors for purposes of the FDCPA when they regularly engage in consumer debt collection, such as litigation on behalf of a creditor client. A person may regularly collect debts even if debt collection is not the principal purpose of his business. If the volume of a person's debt collection services is great enough, it is irrelevant that these services only amount to a small fraction of his total business activity. Whether a partly regularly attempts to collect debt is determined, of course, by the volume or frequency of its debt collection activities. If the principal purpose of lawyer is to collecting consumer debts, then the lawyer is count as a debt collector under the statute. See, e.g., Scott v. Jones, 964 F.2d 314, 316 (4th Cir. 1992) Take a look at Hester. V. Graham, Bright&Smith P.C 289 Fed. Appx. 35(5th Cir. 2008) in this case the defendant attorneys were acting regularly and thus were debt collectors as defined when over the previous two years they attempted to collect debts on 450 different occasions for four clients and filed nearly two hundredth collection suits. In addition if you look at case Addison v. Braud, 105 F.3d 223( 5th Cir. 1997) Attorneys who regularly engaged in debt collection litigation where " debt collectors" for the purpose of the FDCPA. Additionally, Crossley v. Lieverman, 868 F.2d 566( 3rd Cir. 1989. An attorney routinely collecting consumer debts id a debt collector under Fair debt collection practices ACT Sec 1682a(6). That’s enough to constitute regular debt collection within the meaning of § 1692a(6).” Id. at 1218.