Fair Debt Collection Practices Act (FDCPA)
The Fair Debt Collection Practices Act is a United States statute created to protect you.What the Fair Debt Collection Practices Act Does
The Federal Fair Debt Collection Practices (FDCPA) is a United States statute added in 1978 as Title VIII of the Consumer Credit Protection Act. Its intent is to eliminate abusive practices in the collection of consumer debts, to advocate for fair debt collection, and to offer consumers a way to dispute and obtain validation of debt information in order to ensure the information's accuracy. The Act creates guidelines under which debt collectors may conduct business, defines rights of consumers involved with debt collectors, and prescribes penalties and remedies for violations of the Act.
Under the Federal Fair Debt Collection, Practices Act you have specific rights.
Collection agencies MAY NOT:
Contact consumers by telephone outside of the hours of 8:00 a.m. to 9:00 p.m. local time
Fail to cease communication upon request
Cause a telephone to ring or engage any person in telephone conversation repeatedly with intent to annoy, abuse, or harass any person at the called number
Communicate with consumers at their place of employment after having been advised that this is unacceptable or prohibited by the employer
Directly contact a consumer known to be represented by an attorney
Speak with a consumer after request for validation has been made
Misrepresent debt or using deception to collect the debt
Publish a consumer's name or address on a bad debt list
Seek unjustified amounts, or demand any amounts not permitted under an applicable contract
Threatening arrest or legal action that is not permitted or not actually contemplated
Use abusive or profane language in the course of communication related to the debt
Communicate with third parties to reveal or discuss the nature of debts involved (other than the consumer's spouse or attorney)
Pursue contact via embarrassing media, such as sending a post card, or using a symbol or language, other than the debt collector's address, on any envelope when communicating with a consumer
Report false information on a consumer's credit report, or threatening to do so in the process of collection
Source: Fair Debt Collection Practices Act,
When it comes to debt collection agencies, here's what we can protect you against:
- Repeated calls
- Abusive language and threats of legal action
- Contacting your neighbors, relatives, friends, coworkers, and employers
- Deceptive and illegal methods of debt collection
- Misrepresentation of the amount or status of a debt
- Disclosure of your default debts to third parties
