Courts have found the FDCPA may breach the traditional protections of a corporate barrier, holding individual officers and directors personally liable.
The majority of district courts have followed the 6th Circuit, finding the FDCPA's language referencing "any person" in "any business" breaks through corporate formalities.
Courts have ruled that an employee, officer, or director may be held personally liable under the FDCPA if that person: (1) materially participated in collecting the debt at issue; (2) exercised control over the affairs of the business, e.g., a chief compliance officer; or (3) regularly engaged directly or indirectly in the collection of debts.
