Kaltenbach v. Richards, 464 F.3d 524 (5th Cir. 2006). · Go Syfert
Kaltenbach v. Richards, 464 F.3d 524 (5th Cir. 2006). Cases Citing This Book View Copy Cite
95 citation events (95 in the last 25 years) across 29 distinct courts.
Strongest positive: Vien-Phuong Thi Ho v. Recontrust Co. (ca9, 2016-10-19)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Vien-Phuong Thi Ho v. Recontrust Co. (5×) also: Cited as authority (quoted), Cited as authority (rule), Cited "see, e.g."
9th Cir. · 2016 · signal: see · quote attribution · 2 verbatim quotes · confidence high
he entire fdcpa can apply to a party whose 32 ho v. recontrust co. principal business is enforcing security interests but who nevertheless fits 1629a(6)'s general definition of a debt collector.
examined Cited as authority (verbatim quote) Vien-Phuong Thi Ho v. ReconTrust Co. (3×) also: Cited as authority (rule), Cited "see, e.g."
9th Cir. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
he entire fdcpa can apply to a party whose principal business is enforcing security interests but who nevertheless fits 1629a(6)'s general definition of a debt collector.
examined Cited as authority (verbatim quote) Fouche' v. Shapiro & Massey L.L.P. (3×) also: Cited as authority (rule), Cited "see"
S.D. Miss. · 2008 · quote attribution · 1 verbatim quote · confidence high
heintz stands for the proposition that litigating lawyers are not exempt from the fdcpa if they otherwise qualify as debt collectors.
discussed Cited as authority (quoted) Daniels v. PennyMac Loan Services, LLC
S.D. Tex. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence low
itigating lawyers are not exempt from the fdcpa if they otherwise qualify as debt collectors.
examined Cited as authority (quoted) Vien-Phuong Ho v. Recontrust Co. (3×) also: Cited as authority (rule), Cited "see, e.g."
9th Cir. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
he entire fdcpa can apply to a party whose principal business is enforcing security interests but who nevertheless fits 1629a(6)'s general definition of a debt collector.
discussed Cited as authority (rule) Neathery v. Lucky 13 Recovery Inc.
D. Mass. · 2023 · confidence medium
Assocs., Ltd., 396 F.3d 227 , 236 (3d Cir. 2005); Kaltenbach v. Richards, 464 F.3d 524, 527 (5th Cir. 2006); Montgomery v. Huntington Bank, 346 F.3d 693 , 700–01 (6th Cir. 2003); James v. Ford Motor Credit Co., 47 F.3d 961, 962 (8th Cir. 1995); Burnett v. Mortg.
cited Cited as authority (rule) Gordon v. Greene
M.D. La. · 2023 · confidence medium
Appx. at 364 , citing Kaltenbach v. Richards, 464 F.3d 524, 526 (5th Cir. 2006).
discussed Cited as authority (rule) Espinosa Sr. v. Andrew C. Metcalf
D. Mass. · 2021 · confidence medium
While the First Circuit has not addressed whether a repossession company may qualify as a “debt collector” under the FDCPA, at least six circuit courts have concluded that “a person whose business has the principal purpose of enforcing security interests but who does not otherwise satisfy the definition of a debt collector is subject only to § 1692f(6).” See Kaltenbach v. Richards, 464 F.3d 524, 527 (5th Cir. 2006); Burnett v. Mortg.
cited Cited as authority (rule) Williams v. Lakeview Loan Servicing, LLC
S.D. Tex. · 2020 · confidence medium
Dkt 27 at 16, citing 464 F3d 524, 529 (5th Cir 2006).
discussed Cited as authority (rule) Joe Blessett v. Beverly Garcia
5th Cir. · 2020 · confidence medium
Grp., Inc., 355 F.3d 345, 350 (5th Cir. 2003)). 9 Id. (quoting Johnson v. De Grandy, 512 U.S. 997, 1005-06 (1994)). 10 See Kaltenbach v. Richards, 464 F.3d 524, 527 (5th Cir. 2006) (construing a complaint liberally in part because the litigant proceeded pro se). 11 See Liedtke v. State Bar of Tex., 18 F.3d 315, 318 (5th Cir. 1994). 12 Truong v. Bank of Am., N.A., 717 F.3d 377 , 383 n.3, 384 n.6 (5th Cir. 2013). 5 Case: 19-40966 Document: 00515443815 Page: 6 Date Filed: 06/08/2020 No. 19-40966 fraud. 13 If the relief a litigant requests would in substance require the federal court to invalidate…
cited Cited as authority (rule) Kurt C Nelson v. Safeguard Properties LLC
Mich. Ct. App. · 2017 · confidence medium
Kaltenbach v Richards, 464 F3d 524, 527 (CA 5, 2006).
cited Cited as authority (rule) Kurt C Nelson v. Safeguard Properties LLC
Mich. Ct. App. · 2017 · confidence medium
Kaltenbach v Richards, 464 F3d 524, 527 (CA 5, 2006).
discussed Cited as authority (rule) Ashraf Mahmoud v. De Moss Owners Assn, Inc. (2×)
5th Cir. · 2017 · confidence medium
This broad proposition was, however, rejected by this court in Kaltenbach v. Richards, which held that “a party who satisfies § 1692a(6)’s general definition of a ‘debt collector’ is a debt collector for the purposes of the entire FDCPA even when enforcing security interests.” 464 F.3d 524, 529 (5th Cir. 2006).
discussed Cited as authority (rule) Bieber v. J. Peterman Legal Group Ltd.
E.D. Wis. · 2015 · confidence medium
Glazer, 704 F.3d at 455 (holding that “mortgage foreclosure is debt collection” under the FDCPA); Reese v. Ellis, Painter, Ratterree & Adams, LLP, 678 F.3d 1211, 1217-18 (11th Cir.2012) (concluding that “[a] debt is still a ‘debt’ even if it is secured” and that nonjudicial foreclosure actions constitute debt collection under, the FDCPA); Wilson v. Draper & Goldberg, P.L.L.C., 443 F.3d 373, 376 (4th Cir.2006) (rejecting the argument that debt ceases -to be “debt” under the FDCPA once foreclosure proceedings begin and holding that defendant’s “actions surrounding the foreclo…
discussed Cited as authority (rule) Rhodes v. Olson Associates, P.C.
D. Colo. · 2015 · confidence medium
See Bass v. Stolper, Koritzinsky, Brewster & Neider, S.C., 111 F.3d 1322 , 1327 n. 8 (7th Cir.1997) (giving “due weight” to the FTC’s “informed interpretation” of a statutory term in the FDCPA); Kaltenbach v. Richards, 464 F.3d 524, 528 (5th Cir.2006) (deferring to the above-cited FTC’s Staff Commentary on the FDCPA, 53 Fed.Reg. 50097-02, at *4 (Dec. 13, 1988), in defining a statutory term).
discussed Cited as authority (rule) Burnett Ranches, Ltd. Ex Rel. Tax Matters Partner v. United States
5th Cir. · 2014 · confidence medium
Kaltenbach v. Richards, 464 F.3d 524, 528 (5th Cir.2006) ("It is a cardinal principle of statutoiy construction that a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant.”) (internal quotation marks and citations omitted). 11 .
discussed Cited as authority (rule) In Re: Appl of USA for Hist Cell Site
5th Cir. · 2013 · confidence medium
Including this “shall” in our interpretation of the SCA, as we should, see Kaltenbach v. Richards, 464 F.3d 524, 528 (5th Cir. 2006) (“It is ‘a cardinal principle of statutory construction’ that ‘a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant.” (quoting TRW Inc. v. Andrews, 534 U.S. 19, 21 (2001))), we reach a different conclusion from that of the Third Circuit.
discussed Cited as authority (rule) In re the United States
5th Cir. · 2013 · confidence medium
Including this “shall” in our interpretation of the SCA, as we should, see Kaltenbach v. Richards, 464 F.3d 524, 528 (5th Cir.2006) (“It is ‘a cardinal principle of statutory construction’ that ‘a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant.’ ” (quoting TRW Inc. v. Andrews, 534 U.S. 19, 21 , 122 S.Ct. 441 , 151 L.Ed.2d 339 (2001))), we reach a different conclusion from that of the Third Circuit.
discussed Cited as authority (rule) Aurora Loan Services, LLC v. Kmiecik
Ill. App. Ct. · 2013 · confidence medium
See Glazer, 704 F.3d at 464 ; Kaltenbach v. Richards, 464 F.3d 524, 529 (5th Cir. 2006) (concluding that a party who falls under the general definition of “debt collector” is a debt collector for the purposes of the FDCPA as a whole, regardless of whether the party is enforcing a security interest); Wilson v. Draper & Goldberg, P.L.L.C., 443 F.3d 373, 378-79 (4th Cir. 2006) (holding that the defendants’ foreclosure action was -9- an attempt to collect a debt).
discussed Cited as authority (rule) Burnett v. Mortgage Electronic Registration Systems, Inc. (2×) also: Cited "see"
10th Cir. · 2013 · confidence medium
Id. § 1692a(6) (emphasis added). 2 “By the plain language of the statute, therefore, a person whose business has the principal purpose of enforcing security interests but who does not otherwise satisfy the definition of a debt collector is subject only to [15 U.S.C.] § 1692f(6).” Kaltenbach v. Richards, 464 F.3d 524, 527 (5th Cir.2006).
cited Cited as authority (rule) McDermott v. Marcus, Errico, Emmer & Brooks, P.C.
D. Mass. · 2012 · confidence medium
March 8, 2012) (citing Montgomery v. Huntington Bank, 346 F.3d 693, 700-01 (6th Cir.2003), and Kaltenbach v. Richards, 464 F.3d 524, 529 (5th Cir.2006)).
cited Cited as authority (rule) Newman v. Trott & Trott, P.C.
E.D. Mich. · 2012 · confidence medium
McDermott v. Randall S. Miller & Associates, P.C., 835 F.Supp.2d 362, 376-77 (E.D.Mich.2011) (citing Kaltenbach v. Richards, 464 F.3d 524, 527 (5th Cir.2006) and collecting cases).
discussed Cited as authority (rule) Derisme v. Hunt Leibert Jacobson P.C.
D. Conn. · 2012 · signal: cf. · confidence medium
Mar. 8, 2012) (agreeing with the Chomilo court’s conclusion that “based on the plain language of the statute, enforcers of security interests are ‘debt collectors’ only for one specific provision of the FDCPA); cf. Kaltenbach v. Richards, 464 F.3d 524, 529 (5th Cir.2006) (holding that “a party who satisfies § 1692a(6)’s general definition of a ‘debt collector’ is a debt collector for the purposes of the entire FDCPA even when enforcing security interests.”).
discussed Cited as authority (rule) Derisme v. Hunt Leibert Jacobson P.C.
D. Conn. · 2012 · signal: cf. · confidence medium
Mar. 8, 2012) (agreeing with the Chomilo court’s conclusion that “based on the plain language of the statute, enforcers of security interests are ‘debt collectors’ only for one specific provision of the FDCPA”); cf. Kaltenbach v. Richards, 464 F.3d 524, 529 (5th Cir.2006) (holding that “a party who satisfies § 1692a(6)’s general definition of a ‘debt collector’ is a debt collector for the purposes of the entire FDCPA even when enforcing security interests.”).
cited Cited as authority (rule) McDermott v. Randall S. Miller & Associates
E.D. Mich. · 2011 · confidence medium
Kaltenbach, 464 F.3d 524, 527 (5th Cir.2006).
examined Cited as authority (rule) Castrillo v. American Home Mortgage Servicing, Inc. (4×) also: Cited "see", Cited "see, e.g."
E.D. La. · 2009 · confidence medium
See Heintz v. Jenkins, 514 U.S. 291, 299 , 115 S.Ct. 1489 , 131 L.Ed.2d 395 (1995) (holding FDCPA applies to attorneys conducting litigation activities); Kaltenbach, 464 F.3d at 526, 528 (holding FDCPA applies to initiation of executory process foreclosure).
discussed Cited as authority (rule) Reese v. JPMorgan Chase & Co.
S.D. Fla. · 2009 · confidence medium
For instance, in Kaltenbach v. Richards, 464 F.3d 524, 527 (5th Cir.2006), the Court liberally construed the Complaint to read that the defendant, an attorney who was hired to initiate a foreclosure action against plaintiff, was a debt collector under the general definition.
cited Cited as authority (rule) Washington v. M. Hanna Construction Inc.
5th Cir. · 2008 · confidence medium
Kaltenbach v. Richards, 464 F.3d 524, 526 (5th Cir.2006).
discussed Cited as authority (rule) Maynard v. Cannon
D. Utah · 2008 · confidence medium
But, in Kaltenbach v. Richards, the Fifth Circuit held that “a party who satisfies § 1692a(6)’s general definition of a ‘debt collector’ is a debt collector for the purposes of the entire FDCPA even when enforcing a security interests.” Kaltenbach v. Richards, 464 F.3d 524, 529 (5th Cir.2006).
cited Cited as authority (rule) Caffey v. Heller First Financial Capital Corp.
5th Cir. · 2008 · confidence medium
Kaltenbach v. Richards, 464 F.3d 524, 526 (5th Cir.2006).
cited Cited as authority (rule) Reliable Consultants, Inc. v. Earle
5th Cir. · 2008 · confidence medium
Id. at 329–30. 17 Kaltenbach v. Richards, 464 F.3d 524, 526 (5th Cir. 2006). 18 Martin K.
discussed Cited as authority (rule) Reliable Consultants, Inc. v. Earle (2×)
5th Cir. · 2008 · confidence medium
Kaltenbach v. Richards, 464 F.3d 524, 526 (5th Cir.2006). .
cited Cited as authority (rule) Tetra Technologies Inc. v. Louisiana Fruit Co.
5th Cir. · 2007 · confidence medium
Kaltenbach v. Richards, 464 F.3d 524, 526 (5th Cir.2006).
discussed Cited as authority (rule) Campuzano-Burgos v. Midland Credit Management
E.D. Pa. · 2007 · confidence medium
See Brown, 464 F.3d at 455-56; *665 Kaltenbach v. Richards, 464 F.3d 524, 528 (5th Cir.2006). 8 The commentary says that § 1692e(9) “covers documents that fraudulently appear to be official government documents, or otherwise mislead the recipient as to their authorship.” 53 Fed.
cited Cited as authority (rule) Howard v. Dixie Dunavant Insurance Agency
5th Cir. · 2007 · confidence medium
Kaltenbach v. Richards, 464 F.3d 524, 526 (5th Cir.2006).
discussed Cited as authority (rule) United States v. Kun Yun Jho (2×)
E.D. Tex. · 2006 · confidence medium
Kaltenbach v. Richards, 464 F.3d 524, 528 (5th Cir.2006).
discussed Cited as authority (rule) Brown v. Card Service Center (2×)
3rd Cir. · 2006 · confidence medium
We note that Kaltenbach v. Richards, 2006 WL 2588994, *2 (5th Cir. Sept. 11, 2006) supports our decision to defer to the FTC’s persuasive interpretation in this case.
discussed Cited as authority (rule) Brown v. Card Service Center (2×)
3rd Cir. · 2006 · confidence medium
Servs., 98 F.3d at 135-36, 139 (citing with approval the district court's application of the least sophisticated consumer standard to a debtor's § 1692e claim). 3 For example, the CSC Letter states, "[r]efusal to cooperate could result in a legal suit being filed for collection of the account" and "Failure on your part to cooperate could result in our forwarding this account to our attorney with directions to continue collection efforts" (emphases added). 4 We note that Kaltenbach v. Richards, 2006 WL 2588994, *2 (5th Cir. Sept.11, 2006) supports our decision to defer to the FTC's persuasive …
cited Cited "see" Lara v. 1 Unknown US Marshal
S.D. Tex. · 2025 · signal: see · confidence high
See Kaltenbach v. Richards, 464 F.3d 524, 527 (5th Cir. 2006).
discussed Cited "see" Blessett v. Garcia
S.D. Tex. · 2019 · signal: see · confidence high
See Kaltenbach v. Richards, 464 F.3d 524, 526 (5th Cir. 2006) (The court shall construe the complaint liberally in favor of the plaintiff); see also Benchmark Electronics, Inc., 343 F.3d at 724 (for the fraud pleading standards).
cited Cited "see" Lawrence Glazer v. Chase Home Finance, LLC
6th Cir. · 2013 · signal: see · confidence high
See Kaltenbach v. Richards, 464 F.3d 524, 528 (5th Cir.2006); Montgomery v. Huntington Bank, 346 F.3d 693, 699-701 (6th Cir.2003). 6 .
discussed Cited "see" Teeuwissen v. JP Morgan Chase Bank, N.A.
S.D. Miss. · 2012 · signal: see · confidence high
See Kaltenbach v. Richards, 464 F.3d 524, 527 , 527 n. 3 (5th Cir.2006) (recognizing “distinction between general debt collection and enforcement of a security interest,” and observing that “[b]y the plain language of [§ 1692(a)(6) ], ... a person whose business has the principal purpose of enforcing security interests but who does not otherwise satisfy the definition of a debt collector is subject only to § 1692f(6)”) (citing Montgomery v. Huntington Bank, 346 F.3d 693, 699-700 (6th Cir.2003)) (repossession agency that was not otherwise a debt collector was subject only to § 1692f(…
cited Cited "see" Corales v. Flagstar Bank, FSB
W.D. Wash. · 2011 · signal: see · confidence high
See Wilson v. Draper & Goldberg, P.L.L.C., 443 F.3d 373, 376 (4th Cir.2006) and Kaltenbach v. Richards, 464 F.3d 524, 529 (5th Cir.2006).
discussed Cited "see" Crowley v. Adams & Edens, P.A.
S.D. Miss. · 2010 · signal: see · confidence high
See Kaltenbach v. Richards, 464 F.3d 524, 527 (5th Cir.2006) (holding that “[b]y the plain language of the statute, ... a person whose business has the principal purpose of enforcing security interests but who does not otherwise satisfy the definition of a debt collector is subject only to § 1692f(6)”).
cited Cited "see" Gray v. Four Oak Court Ass'n, Inc.
D. Minnesota · 2008 · signal: see · confidence high
See Kaltenbach, 464 F.3d at 529 .
discussed Cited "see" Brown v. Morris
5th Cir. · 2007 · signal: see · confidence high
See Kaltenbach, 464 F.3d at 527 (where defendant initiated an executory-process foreclosure on plaintiffs home, our court stated the issue as “whether [defendant] is subject to § 1692g if he satisfies the general definition of a debt collector, even though he was merely enforcing a security interest in his dealings with [plaintiff]”).
discussed Cited "see, e.g." Tina Alexander v. Wells Fargo Bank, N.A.
5th Cir. · 2017 · signal: see, e.g. · confidence medium
See, e.g., Kaltenbach v. Richards, 464 F.3d 524, 527 (5th Cir, 2006); see also Erickson v. Pardus, 551 U.S. 89, 94 , 127 S.Ct. 2197 , 167 L.Ed.2d 1081 (2007) (per curiam) ("A document filed pro se is 'to be liberally construed,’ and 'a pro se complaint/ however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.' ” (quoting Estelle v. Gamble, 429 U.S. 97, 106 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976))). 37 .
discussed Cited "see, e.g." Donnelly-Tovar v. Select Portfolio Servicing, Inc.
D. Neb. · 2013 · signal: see also · confidence low
Reese, 678 F.3d at 1217-18 ; see also Wilson, 443 F.3d at 376 (holding that the “ ‘debt’ remained a ‘debt’ even after foreclosure proceedings commenced” and that foreclosure lawyers may come under the general definition of “debt collector” subject to all the provisions of the FDCPA as they most frequently settle the foreclosure with a payment of money from a refinancing, or payoff from the sale of the house); see also Kaltenbach v. Richards, 464 F.3d 524 (5th Cir.2006) (same); Piper v. Portnoff Law Assocs., Ltd., 396 F.3d 227 , 234 (3d Cir.2005) (holding that a collection lette…
discussed Cited "see, e.g." Horton v. California Credit Corp. Retirement Plan
S.D. Cal. · 2011 · signal: see, e.g. · confidence medium
See, e.g., Kaltenbach v. Richards, 464 F.3d 524, 528-29 (5th Cir.2006) (“We therefore hold that a party who satisfies § 1692a(6)’s general definition of a ‘debt collector’ is a debt collector for the purposes of the entire FDCPA even when enforcing security interests.”); Wilson v. Draper & Goldberg, P.L.L.C., 443 F.3d 373, 376 (4th Cir.2006) (“Wilson’s ‘debt’ remained a ‘debt’ even after foreclosure proceedings commenced.”); Piper v. Portnoff Law Assocs., 396 F.3d 227 , 234 (3d Cir.2005) (“The fact that the [Pennsylvania Municipal Claims and Tax Liens Act] provided a…
discussed Cited "see, e.g." Heaven v. Gonzales
5th Cir. · 2006 · signal: see also · confidence medium
See Reiter v. Sonotone Corp., 442 U.S. 330, 339 , 99 S.Ct. 2326 , 60 L.Ed.2d 931 (1979) (“In construing a statute [courts] are obliged to give effect, if possible, to every word Congress used.”); see also Kaltenbach v. Richards, 464 F.3d 524, 528 (5th Cir.2006) (stating that a statute should be construed so that no clause, sentence, or word is superfluous, void, or insignificant).
Retrieving the full opinion text from the archive…
Robert KALTENBACH, Plaintiff-Appellant,
v.
Keith P. RICHARDS; Willie Perry; Donahue Laverne, Defendants-Appellees
05-30132.
Court of Appeals for the Fifth Circuit.
Sep 11, 2006.
464 F.3d 524
Robert Kaltenbach, Arnaudville, LA, pro se., Keith Patrick Richards, Richards Law Firm, Baton Rouge, LA, pro se., Paul A. Dakin, The Law Office of P. Andy Dakin, Sunset, LA, for Laverne.
Garza, Demoss, Stewart.
Cited by 61 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: #28,623 of 633,719
Citer courts: Ninth Circuit (2) · S.D. Texas (1)
EMILIO M. GARZA, Circuit Judge:

Robert Kaltenbach (“Kaltenbach”) appeals from the district court’s Rule 12(b)(6) dismissal of his suit against Keith Richards (“Richards”) under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq.

Kaltenbach purchased a mobile home and used it as security on a loan from Vanderbilt Mortgage and Finance, Inc. (“Vanderbilt”). When he failed to keep up with his payments, Vanderbilt sent him letters notifying him that he was in default, that the loan balance had been accelerated, and that Vanderbilt might exercise its right to repossess the home. When Kaltenbach continued to miss payments, Vanderbilt retained Richards, a licensed Louisiana attorney, to initiate an executory process foreclosure on the mobile home. On behalf of Vanderbilt, Richards filed a foreclosure action, and eventually the mobile home was seized and sold. Kalten-bach then filed this action against Richards, alleging that Richards violated § 1692g [1] of the FDCPA by not sending a “dunning letter” before filing the foreclosure action.

Richards filed a motion to dismiss on the ground that Kaltenbach had failed to state a cause of action. See Fed.R.Civ.P. 12(b)(6). The district court granted the motion, holding that Richards is not a debt collector under the FDCPA, except for purposes of § 1692f(6), [2] and that he is therefore not subject to § 1692g.

This court reviews de novo a district court’s 12(b)(6) dismissal for failure to state a claim upon which relief can be granted. Gen. Elec. Capital Corp. v. Posey, 415 F.3d 391, 395 (5th Cir.2005). A 12(b)(6) motion should not be granted “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). Complaints should be construed liberally[*527] in favor of the plaintiff. Collins v. Morgan Stanley Dean Witter, 224 F.3d 496, 498 (5th Cir.2000).

Under the FDCPA, a debt collector is defined as:

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.... For the purpose of section 1692f(6) of this title, such term also includes any person loho uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests.

15 U.S.C. § 1692a(6) (emphasis added). By the plain language of the statute, therefore, a person whose business has the principal purpose of enforcing security interests but who does not otherwise satisfy the definition of a debt collector is subject only to § 1692f(6). [3] See Montgomery v. Huntington Bank, 346 F.3d 693, 699-700 (6th Cir.2003) (repossession agency that was not otherwise a debt collector was subject only to § 1692f(6)) (citing Jordan v. Kent Recovery Servs., Inc., 731 F.Supp. 652, 659 (D.Del.1990)).

Kaltenbach makes little assertion in either his appellate brief or his complaint that Richards is a debt collector under the more general definition contained in § 1692a(6). However, his complaint states that Richards is “a debt collector, engaged in debt collection activities” against Kaltenbach. Liberally construing that statement in light of the fact that Kaltenbach is a pro se litigant and because 12(b)(6) motions are disfavored, Kaiser Aluminum & Chem. Sales, Inc. v. Avondale Shipyards, Inc., 677 F.2d 1045, 1050 (5th Cir.1982), we read the complaint to assert that Richards is a debt collector under the more general definition. We therefore turn to the question of whether Richards is subject to § 1692g if he satisfies the general definition of a debt collector, even though he was merely enforcing a security interest in his dealings with Kaltenbach.

An interpretation given to the FDCPA by the FTC, the administrative agency responsible for enforcement of the statute, suggests that the entire FDCPA can apply to parties whose principal business is enforcing security interests and also meet § 1692a(6)’s general definition of a debt collector. The FTC’s 1988 “Commentary of the Fair Debt Collection Practices Act” (“Commentary”) provides:

Because the FDCPA’s definition of “debt collection” includes parties whose principal business is enforcing security interests only for section 808(6) [§ 1692f(6)] purposes, such parties {if they do not otherwise fall within the definition) are subject only to this provision and not to the rest of the FDCPA.

Statements of General Policy or Interpretation Staff Commentary on the Fair Debt Collection Practices Act, 53 Fed.Reg.[*528] 50097 (1988) (December 13, 1988) (emphasis added). We “must defer to [an] agency’s interpretation” of a statute that it administers if (1) Congress has not spoken directly to the issue; and (2) the agency’s interpretation “is based on a permissible construction of the statute.” Walton v. Rose Mobile Homes, 298 F.3d 470, 475 (5th Cir.2002) (citing Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 843, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984)). Because we find the statute ambiguous on this issue and the FTC’s interpretation reasonable, we defer to the agency’s construction and hold that the entire FDCPA can apply to a party whose principal business is enforcing security interests but who nevertheless fits § 1692a(6)’s general definition of a debt collector.

It might still be argued that even if he met the general definition of a debt collector, Richards did not need to comply with § 1692g because in his specific interactions with Kaltenbach, he was enforcing a security interest rather than collecting a debt. To so hold, we would have to conclude that § 1692f(6) is the only section of the FDCPA that regulates the enforcement of security interests. The statute itself demonstrates that not to be the case. § 1692i(a)(l) [4] requires that a debt collector bringing an action to enforce a security interest in real property do so only in the venue in which the property is located, presumably the most convenient and least expensive for the debtor. It is “ ‘a cardinal principle of statutory construction’ that ‘a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant.’ ” TRW Inc. v. Andrews, 534 U.S. 19, 21, 122 S.Ct. 441, 151 L.Ed.2d 339 (2001) (quoting Duncan v. Walker, 533 U.S. 167, 174, 121 S.Ct. 2120, 150 L.Ed.2d 251 (2001)). Unless we conclude that the FDCPA’s regulation of the enforcement of security interests by those actors that meet the more general definition of “debt collector” extends beyond the purview of § 1692f(6), then § 1692i(a)(l) would be without effect.

Several courts have held that § 1692f(6) is the only section of the statute that regulates the enforcement of security interests. See Rosado v. Taylor, 324 F.Supp.2d 917, 924 (N.D.Ind.2004) (holding that enforcement of a security interest is not governed by the FDCPA outside of § 1692f(6)); Bergs v. Hoover, Bax & Slovacek, L.L.P., No. Civ.A.3:01-CV-1572-L, 2003 WL 22255679, at *5-6 (N.D.Tex. Sept.24, 2003) (unreported) (same); Hulse v. Ocwen Fed. Bank, FSB, 195 F.Supp.2d 1188, 1204 (D.Or.2002) (same); Heinemann v. Jim Walter Homes, Inc., 47 F.Supp.2d 716, 722 (N.D.W.Va.1998), aff'd, 173 F.3d 850 (4th Cir.1999) (same). But see Shapiro & Meinhold v. Zartman, 823 P.2d 120 (Colo.1992) ( en banc) (implicitly holding that enforcement of a security interest is governed by the FDCPA if the enforcer meets the general definition of a debt collector). However, none of their decisions are able to reconcile the fact that § 1692i(a)(l) is directed at persons enforcing security interests with their holdings that only § 1692f was intended to regulate the enforcement of security interests.

Further, the courts fail to recognize that the entire FDCPA can apply to a party whose principal business is enforcing security interests but who nevertheless fits § 1692a(6)’s general definition of a debt[*529] collector. Instead, they posit that a party is a debt collector outside of § 1692f only if they were collecting a debt in the particular instance that gave rise to the dispute. See, e.g., Hulse, 195 F.Supp.2d at 1204 (finding that because the instant case involved a foreclosure action, which did not meet the statutory definition of a “debt”, defendants could not be debt collectors under the FDCPA outside of § 1692f). This approach misconstrues § 1692a(6)’s method of defining the term. Under that subsection, a party’s general, not specific, debt collection activities are determinative of whether they meet the statutory definition of a debt collector. See 15 U.S.C. § 1692a(6) (“who regularly collects or attempts to collect”). Whether a debt collector’s specific action qualifies as the collection of a debt may or may not be relevant when determining whether the party must comply with other, specific substantive requirements of the FDCPA, [5] but that is a separate inquiry from whether the party meets the general statutory definition of a debt collector.

We therefore hold that a party who satisfies § 1692a(6)’s general definition of a “debt collector” is a debt collector for the purposes of the entire FDCPA even when enforcing security interests. The district court did not consider whether Richards fits the general definition of a debt collector. We therefore REVERSE the district court’s dismissal and REMAND the case for proceedings not inconsistent with this opinion.

1

. § 1692g provides in pertinent part:

Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5)a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

15 U.S.C. § 1692g(a).

2

. § 1692f(6) specifies under what circumstances a debt collector may take or threaten to take "nonjudicial action to effect dispossession or disablement of property.” 15 U.S.C. § 1692f(6).

3

. Kaltenbach argues that this conclusion is contrary to Heintz v. Jenkins, 514 U.S. 291, 292, 115 S.Ct. 1489, 131 L.Ed.2d 395 (1995), which held that attorneys who engage in litigation can be subject to the FDCPA. He argues that Richards, as a litigating lawyer, therefore had to comply with all parts of the FDCPA. His reliance on Heintz is misplaced. Heintz stands for the proposition that litigating lawyers are not exempt from the FDCPA if they otherwise qualify as debt collectors. It does not address the distinction between general debt collection and enforcement of a security interest, and it does not hold that litigating lawyers are subject to all provisions of the FDCPA when they do not satisfy the general statutory definition of a debt collector.

4

. § 1692i(a)(l) states:

Any debt collector who brings any legal action on a debt against any consumer shall[,] in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located.

15 U.S.C. § 1692i(a)(l).

5

. For example, if Richards meets the general statutory definition of a debt collector, he is a debt collector for purposes of the entire FDCPA, including § 1692g. However, the question of whether Richards’s enforcement of the security interest in his dealings with Kaltenbach constituted a "communication in connection with the collection of any debt” within the meaning of § 1692g is a separate one. We do not reach, and express no opinion upon, this issue.