(a) As used in this title: (1) "Debt buyer" means a person or entity that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, whether it collects the debt itself, hires a third party for collection, or hires an attorney-at-law for collection litigation. "Debt buyer" does not mean a person or entity that acquires a charged-off consumer debt incidental to the purchase of a portfolio predominantly consisting of consumer debt that has not been charged
(a) A debt buyer shall not make any written statement to a debtor in an attempt to collect a consumer debt unless the debt buyer possesses the following information: (1) That the debt buyer is the sole owner of the debt at issue or has authority to assert the rights of all owners of the debt. (2) The debt balance at charge off and an explanation of the amount, nature, and reason for all post-charge-off interest and fees, if any, imposed by the charge-off creditor or any subsequent purchasers of the
In an action brought by a debt buyer on a consumer debt: (a) The complaint shall allege all of the following: (1) That the plaintiff is a debt buyer. (2) The nature of the underlying debt and the consumer transaction or transactions from which it is derived, in a short and plain statement. (3) That the debt buyer is the sole owner of the debt at issue, or has authority to assert the rights of all owners of the debt. (4) The debt balance at charge off and an explanation of the amount, nature, and