What is the Fair Debt Collection Practices Act?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates the practices of debt collectors when collecting debts from consumers in Kansas. The FDCPA applies to collectors attempting to recover money for personal, family, or household debts, such as credit card bills, medical bills, or mortgage payments. It does not apply to debt collectors collecting on behalf of businesses. The FDCPA requires debt collectors in Kansas to treat all consumers fairly when collecting debts. Under the law, debt collectors must provide accurate information about the debt, including the amount, the name of the original creditor, and the name of the current collector. Debt collectors also cannot use any type of false, deceptive, or misleading practices to collect a debt, such as threatening arrest or criminal prosecution. Additionally, the FDCPA prohibits debt collectors from contacting consumers before 8am or after 9pm, and from contacting a consumer at work if it is not permitted by the employer. They also cannot contact third parties, such as friends or family members, about the debt unless it is done to locate the consumer. Finally, the FDCPA provides consumers with the right to request debt validation, which means the debt collector must provide proof that the debt is valid and there is actual evidence that the consumer is legally responsible for the debt. If the debt collector cannot provide the necessary proof, the consumer can request that the debt be removed from their credit report.
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