by The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates the behavior of debt collectors in the United States. The FDCPA was enacted in 1977 to protect consumers from abusive, deceptive, and unfair debt collection practices.
The FDCPA applies to third-party debt collectors, not to original creditors or in-house collection departments. The law covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage.
The FDCPA prohibits debt collectors from using abusive, deceptive, or unfair practices when collecting debts. This includes:
- Harassment or abuse: Debt collectors may not threaten or use violence, or use obscene or profane language when collecting a debt.
- False or misleading representations: Debt collectors may not use false or misleading representations, such as falsely claiming to be an attorney or a government representative.
- Unfair practices: Debt collectors may not use unfair practices, such as attempting to collect more than you owe, depositing a post-dated check prematurely, or threatening to take property that is exempt by law.
- Communication: Debt collectors may not communicate with you at inconvenient times or places, such as before 8 a.m. or after 9 p.m. unless you agree. They also cannot contact you at work if they know your employer prohibits it.
The FDCPA is enforced by the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB), and consumers can also file lawsuits against debt collectors who violate the law. Violations of the FDCPA can result in penalties, including fines and legal action.
