What is the Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act (FDCPA) is a federal law that was created to protect consumers from unfair and deceptive debt collection practices. It applies to debt collectors who are collecting personal, family, or household debts, such as credit card debt, medical debt, or mortgage payments. In Virginia, debt collectors must adhere to several key provisions of the FDCPA when attempting to collect a debt, including: • Notifying consumers of their rights, including their right to dispute a debt; • Notifying consumers of the amount of debt prior to payment; • Restricting communication with consumers to specific hours of the day; • Ceasing all forms of communication when a consumer requests it; • Refraining from using false, deceptive, or misleading practices; • Refraining from using language that is abusive or threatening; • Refraining from publishing consumer information; and • Complying with court orders. The FDCPA also prohibits debt collectors from filing a lawsuit against a consumer if the debt is older than the statute of limitations for the state. In Virginia, the statute of limitations for most consumer debts is three years. If a debt collector continues to attempt to collect an expired debt, you may have a cause of action against the debt collector under the FDCPA.

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What is the Fair Debt Collection Practices Act?

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