What is the Fair Debt Collection Practices Act?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that provides protection for consumers in the state of Texas from abusive debt collection practices. The Act applies to entities that collect what are referred to as consumer debts, including credit card debt, which are debts incurred primarily for personal, family, or household purposes. Under the FDCPA, debt collectors are prohibited from engaging in a variety of practices deemed abusive or deceptive, such as harassing or threatening consumers, using misleading statements when collecting debt, or falsely implying that a consumer has committed a crime. The FDCPA also requires debt collectors to provide consumers with specific information when attempting to collect a debt, such as the name of the creditor, total amount owed, and the name and address of the debt collector. It also requires debt collectors to cease all attempts to collect a debt when they receive written notification from consumers that they are disputing the debt or that they wish to cease all further communication. Debt collectors are also prohibited from publicly disclosing the existence of a consumer’s debt. While the FDCPA applies to all debt collectors, it does not apply to creditors, such as credit card issuers or loan companies, that are attempting to collect their own debts. However, state laws may provide additional protections for consumers. In Texas, the Consumer Credit Commission (CCC) is the agency responsible for enforcing the state’s credit card laws.
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