FDCPA and State Consumer Protection laws.

This blog is dedicated to exposing the lies about creditwrench promoted by a debt collector's blog who calls himself CREDITWRENCHSCAM and is also known as "Enormis", "Enormis Debtor", Uncle Normie and any other false screen name he can think of.

Uncle Normie's newest debacle of the day.

In what states are original creditors subject to the FDCPA?

The answer to that is none of them. The Fair Debt Collection Practices Act (FDCPA), is a federal law and its writers exempted original creditors from its regulation.

So what about states that have their own version of the FDCPA?

Many do. However, federal law is the supreme law of the land and trumps state law whenever there is a conflict. This is clearly spelled out in the the supremecy clause of the constitution (Article VI).

That does not, however, preclude a state from creating laws that supplement, or afford greater protection to the public in its own constitution or statutes. The constituional term for this is "concurrent powers".

States that have enacted consumer protection laws similar to the FDCPA have excersised their concurrent powers, however they cannot conflict with federal law. If you read the conusmer protection laws of any of the 50 states (including the 23 advertised on CREDITWRENCH), none of them apply the FDCPA to original creditors. Though some will apply certain collection procedures to original creditors, absolutely none of them apply the entire FDCPA

What "uncle Normie" fails to understand is that while FDCPA specifically exempts original creditors from FDCPA for the most part, many other states laws such aa the Wisconsin law he thinks he understands do not exempt original creditors from state consumer protection laws. For example, Wisconsin state law has one single exception in their statute which specifically exempts those who print forms for debt collectors. Had the Wisconsin legislature intended that original creditors be exempted from state law they would have put that exemption in the law.

By specifically failing to give original creditors exemption under state law the legislature thereby included them as being liable under Wisconsin State law.

Therefore Enormis is proven beyond any shadow of a doubt to be falsely libeling my good name and business practices and teachings. He is a nutcase whose so called advice is dangerous to anyone who heeds it. His ignorant rantings follow:

As an example, Wisconsin is one of the states listed by CREDITWRENCH as applying the FDCPA to original creditors. I chose Wisconsin because it's debt collection laws are fairly straight forward and brief. I will reference it here and ask that you read it in its entirety. I defy you to find anywhere in Wisconsin statute that indicates the FDCPA applies to original creditors.

CREDITWRENCH indicating that 23 states apply the FDCPA to original creditors is false and misleading information.

And those of "Uncle Normie" are not only false but libelous as well and he can be held liable under libel and defamation laws.

Have fun as a guest of the Oklahoma State Justice system, Normie. And here is the law which may put you behind bars for a few years.

Taken from the Oklahoma State statutes.

SECTION 2. AMENDATORY 21 O.S. 2001, Section 1953, is amended to read as follows:

Section 1953. A. It shall be unlawful to:

8. Willfully use a computer, computer system, or computer network to annoy, abuse, threaten, or harass another person; and