I apparently owe a debt to LabCorp for some labwork. I dispute the debt, but my major question is the letter states in big bold letters (probably 22 point type) at the top "LCA COLLECTIONS" and in smaller probably 6 point type underneath says "a division of laboratory corporation of america".
Now, are they covered under the FDCPA? I would say so as they boldly (and in red) say LCA COLLECTIONS.
The reason I ask, is I want to nail them on an FDCPA violation, namely 1692e(11) failing to use the mini miranda or communicate that this is from a debt collector to wipe the debt out and possibly get a few extra dollars.
The FDCPA seems to say they would be covered:
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, . For the purpose of section 808(6), 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—
However the thing that bothers me is the exclusion of:
A- any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;
B- any person while acting as a debt collector for another person, 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 persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts.
So is LCA considered a "person" as defined in B?