Define: Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates the behavior of debt collectors and protects consumers from abusive and unfair debt collection practices.

The FDCPA applies to third-party debt collectors who regularly collect debts owed to others. It does not apply to original creditors collecting their own debts.

The FDCPA covers personal, family, and household debts, including credit card debts, medical debts, mortgages, and other consumer debts.

Prohibited debt collection practices under the FDCPA include harassment, making false or misleading statements, using unfair or deceptive practices, contacting consumers at inconvenient times or places, and disclosing a consumer’s debt to third parties.

Under the FDCPA, debt collectors generally cannot contact you at work if they know or have reason to know that your employer prohibits such communication.

Debt collectors are generally prohibited from discussing your debt with anyone other than you, your spouse, or your attorney. They can only contact others to obtain your contact information.

If you send a written request to a debt collector to stop contacting you, they must cease further communication, except to inform you of specific actions they may take, such as filing a lawsuit.

Debt collectors have the right to file a lawsuit against you to collect unpaid debts. However, they must follow proper legal procedures and cannot engage in abusive or deceptive practices during the litigation process.

If you believe a debt collector has violated the FDCPA, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or sue the debt collector in court. Consult with an attorney to understand your rights and options.

If a debt collector is found to have violated the FDCPA, you may be entitled to damages, including actual damages, statutory damages, and attorney’s fees. The specific remedies will depend on the circumstances of the violation.