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§ 2270.3. Definitions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 73 P.S. Trade and CommerceEffective: June 26, 2000

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 73 P.S. Trade and Commerce (Refs & Annos)
Chapter 42. Fair Credit Extension Uniformity Act (Refs & Annos)
Effective: June 26, 2000
73 P.S. § 2270.3
§ 2270.3. Definitions
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Communication.” The conveying of information regarding a debt directly or indirectly to any person through any medium.
“Consumer.” A natural person residing in this Commonwealth who owes or is alleged to owe a debt or one who has incurred or is alleged to have incurred liability for the debt within this Commonwealth, including, but not limited to, a comaker, guarantor, surety or parent if the consumer is under 18 years of age. The term includes the consumer's guardian, executor or administrator.
“Creditor.” A person, including agents, servants or employees conducting business under the name of a creditor and within this Commonwealth, to whom a debt is owed or alleged to be owed.
“Debt.” An actual or alleged past due obligation, claim, demand, note or other similar liability of a consumer to pay money, arising out of a single account as a result of a purchase, lease or loan of goods, services or real or personal property for personal, family or household purposes or as a result of a loan of money or extension of credit which is obtained primarily for personal, family or household purposes, provided, however, that money which is owed or alleged to be owed as a result of a loan secured by a purchase money mortgage on real estate shall not be included within the definition of debt. The term also includes any amount owed as a tax to any political subdivision of this Commonwealth. Tax includes an assessment, any interest, penalty, fee or other amount permitted by law to be collected. Debt does not include any such amount owed to the United States or the Commonwealth.
“Debt collector.”
(1) A person not a creditor conducting business within this Commonwealth, acting on behalf of a creditor, engaging or aiding directly or indirectly in collecting a debt owed or alleged to be owed a creditor or assignee of a creditor.
(2) The term does not include:
(i) Any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor.
(ii) A person while attempting to collect a debt on behalf of a creditor, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for creditors to whom it is so related or affiliated and if the principal business of the person is not the collection of debts.
(iii) A person while collecting or attempting to collect any debt owed or due or asserted to be owed or due to another to the extent such activity:
(A) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement;
(B) concerns a debt which was originated by such person;
(C) concerns a debt which was not in default at the time it was obtained by such person; or
(D) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.
Persons included within this subparagraph shall be considered creditors and not debt collectors for purposes of this act.
(iv) A person while serving or attempting to serve legal process on another person in connection with the judicial enforcement of a debt.
(v) A person who is an elected or appointed official of any political subdivision of this Commonwealth, who collects or attempts to collect a tax or assessment owed to the political subdivision which employs the person, while that person is acting within the scope of his elected or appointed position or employment.
(3) The term does include:
(i) A creditor who, in the process of collecting his or her own debt, uses a name other than his or her own which would indicate that a third person is collecting or attempting to collect the debt.
(ii) An attorney, whenever such attorney attempts to collect a debt, as herein defined, except in connection with the filing or service of pleadings or discovery or the prosecution of a lawsuit to reduce a debt to judgment.
(iii) A person who sells or offers to sell forms represented to be a collection system, device or scheme which is intended or designed to collect debts.
(iv) A person, other than an elected or appointed official of any political subdivision of this Commonwealth, who collects or attempts to collect a tax or assessment owed to any political subdivision of this Commonwealth.
“Location information.” A consumer's place of abode and his telephone number at such place or his place of employment.
“State.” Any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any political subdivision of any of the above.

Credits

2000, March 28, P.L. 23, No. 7, § 3, effective in 90 days.
73 P.S. § 2270.3, PA ST 73 P.S. § 2270.3
Current through 2018 Regular Session Acts 1 to 41, 43 to 47, 51, 52, 54, 65, 66 and 72.
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