What is the Fair Debt Collection Practices Act?
The Fair Debt Collection Practices Act (FDCPA) is a federal law designed to protect consumers from deceptive, unfair, and abusive debt collection practices. The act was passed in 1978 and made it illegal for debt collectors to harass or intimidate people into paying debts. This law applies to all types of debt, including credit cards, medical bills, personal loans, and mortgages. The FDCPA requires debt collectors to provide a reasonable amount of information to their debtors. This includes the amount of the debt, identity of the creditor, and the matters of dispute. The debt collector must also provide written notification upon the initial contact in which he or she must identify himself or herself and indicate the name and address of the original creditor. In addition, the FDCPA makes it illegal for debt collectors to use abusive or threatening language, use false or deceptive statements, misrepresent the character, amount, or legal status of the debt, or threaten to take any action that cannot legally be taken. Debt collectors cannot harass, oppress, or abuse a person during the collection process. This includes making false accusations and using profane language. The FDCPA also prohibits debt collectors from calling a person before 8:00 am or after 9:00 pm. Furthermore, debt collectors must stop contacting a debtor if the debtor requests it in writing. It is important to remember that the FDCPA only applies to debt collectors and not the original creditor. Debt collectors in Texas are required to adhere to the rules and regulations set forth in the FDCPA. Violations of the act can result in civil damages as well as criminal charges.
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