What is the Fair Debt Collection Practices Act?


Back in 1978 the U.S. Congress created the Fair Debt Collection Practices Act, after finding:

There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.

The FDCPA prohibits any false, deceptive or misleading practices in an attempt to collect a debt. It also prohibits debt collectors from harassing, abusing or annoying consumers. Simply, put, the FDCPA says a debt collector cannot lie, cheat, steal, or use any unfair practices in an attempt to collect a debt.

While the federal Fair Debt Collection Practices Act regulates collection agencies, and not original creditors (like Wells Fargo, Bank of America, Citibank, Capital One, etc). several states, like Florida, California, Texas, Illiniois, Massachusetts and West Virginia, have state laws very similar to the federal FDCPA. Thus, creditors collecting in those states must abide by collection laws or risk being sued if they abuse, harass or deceive a consumer!