What is the Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act (FDCPA) is a federal law passed by Congress in 1977. It is designed to protect consumers from unfair and deceptive practices by debt collectors. The FDCPA is enforced by the Federal Trade Commission (FTC) and applies to debt collectors who are attempting to collect a debt from a consumer, and does not apply to creditors who are attempting to collect a debt owed to them. In Oklahoma, the FDCPA prohibits debt collectors from using abusive, harassing, or deceptive practices when collecting a debt from a consumer. Debt collectors must also treat consumers with respect and not threaten or mislead them in any way. Debt collectors are not allowed to use profane language or intentionally misrepresent the amount of debt owed. Additionally, debt collectors may not do any of the following: contact consumers outside of reasonable hours, communicate with consumers about the debt to anyone other than the consumer or his/her attorney, publish the consumer’s name in a list of debtors, or attempt to contact a consumer who has notified the debt collector in writing that he/she does not want to be contacted. The FDCPA also gives consumers various remedies if a debt collector violates its provisions. A consumer may be able to recover statutory damages of up to $1,000, as well as actual damages, costs, and attorneys fees. It is important for consumers to understand their rights under the FDCPA and to consult with an attorney if they feel a debt collector is violating the law.

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What is the Fair Debt Collection Practices Act?

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