Debt Collection Practices Act
Tax Law

All You Need To Know About Fair Debt Collection Practices Act

| July 8, 2023

If you wish to know about the Fair Debt Collection Practices Act, it is best to learn about Fair Debt Collection Practices first. These are rules and guidelines that international, national, federal, and state governments establish in order to protect consumers. A consumer in debt is often subject to abusive, cruel, deceptive, and unfair tactics from debt collectors. As the name suggests, these practices ensure that methods of collection of debts from the consumers are respectful, fair, and transparent.

Components Of Fair Debt Collection Practices

Here are some main components of fair debt collection practices:

  • Fair Debt Collection Practices protect against malpractices. Debt collectors cannot use threats, obscene language, or repeatedly call the consumer in debt. They cannot publicize debt information.
  • Debt collectors must be very clear about the debt amount, to whom it is owed, future expenses, and even the consumer’s rights. They should even introduce themselves to the consumers as debt collectors.
  • Consumers can request a written validation of the debt. The debtors should provide all debt-related information, like the original creditor and the amount owed. A debt collector should entertain these requests within a reasonable time.
  • Debt collectors knowingly making false statements can be penalized under various federal and state laws. This includes the following:

i. Them lying about the debt amount,

ii. The consequences that consumers could face for non-payment,

iii. Falsely leading the consumers to believe that they were a part of the US government,

iv. Or any other threats to harm the consumers.

  • Debt collectors cannot be associated with unfair practices. They cannot hire hitmen or goons to intimidate consumers. They cannot drop by unannounced at the consumer’s place of work. Unlimited or multiple calls and texts a day to the consumer in debt is also prohibited.
  • Consumers can exercise their right to verify any facts that they find questionable. They may question any inaccuracies. Debt collectors should respond to these claims in a fair manner within a reasonable time period.
  • Debt collectors should only contact the consumer at the specified time and place. If they choose to contact the consumers at odd times, such as early morning or late at night, they will be held accountable by the law.

 All of these key components addressed above have been dealt with in the Fair Debt Collection Practices Act (FDCPA), a federal statute introduced by the federal government of the United States.

The Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) is a federal statute. It provides protection to consumers in debt against the harmful practices of debt collectors. These are the provisions set up by the Act.

Under this act, debt collectors cannot use harassment or abuse to collect a debt. Threats, harsh language, relentless calling, and also adding a consumer to a “bad debt” list- all of these are prohibited under the Act.  To learn more about your rights under federal law, study this FDCPA violations list.

  •  The Fair Debt Collection Practices Act mandates that debt collectors follow certain communication guidelines. These are prohibited under this clause:

a.      contacting consumers at odd times or places (before 8 a.m. or after 9 p.m.)

b.      Contacting consumers directly even after their debt attorney represents them.

  • The Fair Debt Collection Practices Act prohibits debt collectors from deliberately misleading consumers in the debt collection process.

a.      They have to be honest and transparent about the debt amount.

b.      The debt collectors cannot pose as an attorney or employees of the US government for the purpose of debt collection.

c.      They cannot scare the consumers with false consequences and penalties for non-payment. 

  • If the consumer sends a written request for the verification or validation of the debt, the collector must provide a detailed explanation within 30 days.
  • The Fair Debt Collection Practices Act bestows upon the consumers the following rights.

a.      They can request debt collectors to stop further communication.

b.      Reminders notifying the consumer of collectors’ actions will be the only communications after that.

  • Under this Fair Debt Collection Practices Act, collectors cannot contact third parties (other than a spouse or attorney of the consumer). Collectors cannot intimidate consumers by contacting friends, family, neighbors, or employers.
  •  Under this Act, a debt collector will send out a written notice to the consumer after five days from their initial communication. These are the contents of the notice:

a.      The debt amount,

b.      The creditor’s name, and

c.      A detailed account of consumer’s rights.

Wrapping It Up!

The Fair Debt Collection Practices Act imbibes safe and secure debt collection practices into the system. Apart from the above, a consumer can also request verification within the first 30 days of the notice. This should be done in writing. The debt collector can only ask for repayment once this issue is issued. Deceptive practices are completely prohibited under this Act. Collectors are required to keep an accurate account of all debt-related information. If the collectors violate these clauses and provisions, the consumer may claim damages in a court of law having the jurisdiction.

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Jyoti Jha
Jyoti Jha

Jyoti Jha is a freelance SEO content writer for tech , health, and education-related content. With 5 years of experience in the industry, I am creating high-quality content that captivates readers and delivers value.

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