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 unethical and unfair debt collection practices. The law applies to those collecting on consumer debts, such as credit card companies and collection agencies. It also applies to lawyers who are collecting on consumer debts. The FDCPA sets rules that all debt collectors must follow when attempting to collect a debt. The FDCPA has multiple protections for consumers, including a prohibition against debt collectors making false or misleading statements to consumers. It also prohibits debt collectors from using abusive or oppressive language when making collection calls. Additionally, it requires debt collectors to provide detailed information about the debt, including the amount owed and the name of the creditor. This allows the consumer to know exactly who they owe money to and how much they owe. The FDCPA also limits when and how often a debt collector can contact a consumer. For example, a debt collector must wait at least a week after the initial contact before they can contact the consumer again. The law also gives the consumer the right to dispute a debt and have it verified before a collection action can continue. In Hawaii, the Consumer Protection and Education Division of the Department of Commerce and Consumer Affairs is responsible for enforcing the FDCPA and ensuring that all debt collectors are adhering to the law. Consumers in Hawaii can contact the division for help if they believe that debt collectors are not following the law.
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