It exemption is meant by Congress to protect those individuals entities one to function as the financing servicers to have loans maybe not in standard
Because the associated here, exclusion (F)(iii) provides that [t]he name [obligations enthusiast] doesn’t come with . . . individuals get together otherwise attempting to collect one personal debt owed or owed otherwise asserted to-be due or owed a unique into the the amount eg hobby . . . concerns a loans that has been maybe not inside the standard during the time it actually was gotten by the such person. 15 You.S.C. 1692a(6)(F)(iii). In order to describe, which exception to this rule means men meeting nondefaulted debts towards behalf of someone else is not a debt collector. See S. Rep. Zero. 95-382, at the step three-cuatro (1977), once the reprinted within the 1977 U.S.C.C.A great.Letter. 1695, 1698 ([T]the guy panel does not intend the definition [of obligations enthusiast] to pay for situations out-of . . . home loan service companies
and others exactly who services a fantastic bills for other individuals, provided the latest costs just weren’t within the default whenever drawn to own upkeep.
Rosenberg argues you to definitely Plaintiff does not allege that it due their own a duty otherwise that it broken such obligations. (ECF Zero. 14-step one during the 11.) Likewise, Rosenberg reiterates their position one Plaintiff have not sustained any damage. Id. SPS also argues you to Plaintiff cannot allege they owed their particular a loans Hartford AL duty or however responsibility is breached. More