Does One fdcpa violation trigger off liability..

There is no such thing as the statute working in reverse. The FDCPA applies to all debt collectors as defined below: 15 U.S.C. § 1692a - Definitions (6) 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, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f (6) of this title, 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— (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; (C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties; (D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt; (E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and (F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor. If the entity is a debt collector as defined and has violated any of the statuary proscriptions, then you may bring an action accordingly.

As Jeffrey pointed out it has to be a Debtor Collector under the definition under 15 U.S.C. § 1692a. There are many factors to consider and that have to be reviewed to determine if it is a violation. If you have an attorney I suggest you speak with your attorney to ascertain whether or not it is a violation. All it takes is one violation to bring forth a claim, but whether or not it is worthwhile is another issue. Sometimes just because you think you have a claim does not mean you want to run into court and file a lawsuit, consult with your attorney as soon as possible.

A single violation is sufficient for liability under the FDCPA. A violation is when a "debt collector," while attempting to collect a "debt," fails to comply with the Act. The Act defines "debt collector" and "debt," and court decisions have interpreted and applied those definitions under various fact patterns. A "debt" is generally described as a consumer debt but, more specifically, it MUST have two features: first, the financial obligation must arise from one or more transactions; and, second, the transactions must be primarily for personal, family or household purposes. A "debt collector" is someone whose purpose or regular activity is the collection of consumer debts but excludes anyone who acquired the debt before it was in default. Generally, a debt collector is a collection agency or a collection lawyer who regularly attempt to collect "debts" for others, or a debt buyer who acquires "debts" after they are in default. Based on the above, a few observations can be made a "debt collector": The FDCPA does not apply to the conduct of a "debt collector" who attempts to collect a financial obligation which is not a "debt." Someone who is not a "debt collector" but who attempts to collect a "debt" cannot violate the FDCPA even if the person tries to comply with the FDCPA. And some observations about a "debt": You guarantee your brother-in-law's bank line of credit for his new business venture. He defaulted and the bank's collection agency contacts you in an attempt to get you to pay. The FDCPA does not apply to the collection agency's conduct because it was not collecting a "debt". The financial obligation arose from a transaction but was for a business purpose. A neighbor's lawyer. whose regular practice is the collection of "debts." writes to you to demand that you pay to replace the border shrubbery you accidentally destroyed. The FDCPA does not apply to the lawyer's conduct because, once again, the lawyer was not attempting to collect a "debt." Your obligation to replace the shrubbery, while personal, did not arise from a transaction.

ALL the legal requirements must be met to hold a party liable (that is true for any law). E.g if the person is not a debt collector as defined by the statute, then there can be no liability under that statute.