What is the Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from unfair debt collection practices. It applies to all debt collectors who are trying to collect money from consumers who are unable to pay their debts. The FDCPA was enacted in 1977 and is enforced by the Federal Trade Commission (FTC). The FDCPA protects consumers from a wide variety of unfair or misleading practices used by debt collectors. These include calling you at inconvenient times, using profanity, threats of violence, disclosing information about your debt to a third party, and failing to provide you with written notice of the debt. The FDCPA also prevents debt collectors from using false or deceptive means to collect from you, such as falsely claiming to be an attorney or government official. In Delaware, debt collectors who violate the FDCPA can be subject to both criminal and civil penalties. Civil penalties include paying back the debt plus interest and attorney’s fees. The FDCPA also allows consumers to bring a private lawsuit for damages for violations of the law. If successful, a consumer can recover actual damages, as well as punative damages and attorney’s fees. The FDCPA was enacted to protect consumers from unfair debt collection practices. It is important for Delaware consumers to understand their rights under the FDCPA, and to remember that they can always file a complaint with the FTC or other government agencies if they feel their rights have been violated.

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What is the Fair Debt Collection Practices Act?

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