In Parker v. Capital One Auto Finance, et. al. 2015 WL 7864182, at *2 (S.D.Ind., 2015), Judge Magnus-Stinson held that auto finance companies collecting their own debts were not subject to the FDCPA.
The FDCPA . . .“applies only to ‘debt collectors’ seeking satisfaction of ‘debts’ from ‘consumers’; it does not apply to ‘creditors.’ ” McKinney v. Cadleway Properties, Inc., 548 F.3d 496, 500 (7th Cir. 2008). “[T]hese two categories—debt collectors and creditors—are mutually exclusive.” Id. at 501 (citing Schlosser v. Fairbanks Capital Corp., 323 F.3d 534, 536 (7th Cir. 2003)). Ms. Parker has confirmed that her position is that Capital One and Onyx are “creditors.” Given that the FDCPA applies to debt collectors but not creditors, Ms. Parker’s FDCPA claim against Capital One and Onyx fails as a matter of law. McKinney, 548 F.3d at 500.