The term "debt collector" means 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. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f(6) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor.
Note: Examination procedures state the following are covered: The FDCPA defines a debt collector as any person who regularly collects, or attempts to collect, consumer debts for another person or institution or uses some name other than its own when collecting its own consumer debts.
An institution is not considered a debt collector under the FDCPA when it collects another institution’s debts in isolated instances; its own debts under its own name.
Other debt collectors that are not covered by the FDCPA include Officers or employees of an institution who collect debts owed to the institution in the Institution’s name.
Reference: Fair Debt Collection Practices Act section 803; Federal Reserve Consumer Compliance Handbook for FDCPA, 2006, page 1