What is the Fair Debt Collection Practices Act?
The Fair Debt Collection Practices Act (FDCPA) is a federal law enacted in 1978 to protect consumers from unfair and deceptive debt collection practices. It was passed by the United States Congress and signed into law by President Jimmy Carter. The FDCPA applies to debt collectors, which are defined as “persons who regularly collect or attempt to collect debts from consumers.” The FDCPA prohibits debt collectors from using deceptive, unfair, or abusive practices when trying to collect a debt from a consumer. It also restricts them from communicating with third parties, claiming to be attorneys, or using abusive or threatening language. The FDCPA also gives consumers the right to dispute a debt. If a consumer believes a debt is not correct or should not be collected, they may request more information from the debt collector and can send a letter to the debt collector to dispute the debt. The consumer also has the right to request that the debt collector stops all collection efforts. The FDCPA covers consumer credit, such as credit cards, medical bills, mortgages, auto loans, consumer credit reports, and certain other consumer-related transactions that involve a third-party debt collector. In Virginia, the FDCPA also covers debt disputes pertaining to credit cards. Ultimately, the FDCPA protects consumers from unfair and deceptive debt collection practices. It ensures that debt collectors follow fair and consistent practices so that everyone can better manage their finances.
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