What is the Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act (FDCPA) is a federal law that applies to all states, including Kansas. The FDCPA was created to protect consumers from unfair or abusive debt collection practices. It puts restrictions on how and when a debt collector can contact a consumer, as well as what types of language and tactics can be used. Under the FDCPA, debt collectors are not allowed to harass, oppress, or abuse debtors. This includes using profane or threatening language, contacting debtors at inconvenient times (such as before 8am or after 9pm), and calling repeatedly to annoy or harass. Debt collectors must also treat debtors with respect and not make false or misleading statements about the debt. The FDCPA also has provisions regarding how debt collectors can contact a debtor. Generally speaking, debt collectors can only contact a debtor by phone, mail, or in person. They cannot contact a debtor’s friends, family, or employer. Finally, the FDCPA also prevents debt collectors from conducting certain practices. Specifically, debt collectors are not allowed to threaten legal action, mislead debtors about the debt, or add additional fees or charges to the debt. By following the FDCPA, debt collectors in Kansas must abide by the law and treat debtors fairly and with respect. It is important for debtors to understand their rights under the FDCPA and to know how to contact a debt collector if they feel that their rights have been violated.

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