What is the Fair Debt Collection Practices Act (FDCPA)?

The Fair Debt Collection Practices Act (FDCPA) is a federal law enacted in 1977 to protect consumers from abusive and deceptive practices of debt collectors. It applies to any person or business attempting to collect a debt from an individual. Under the FDCPA, debt collectors are prohibited from engaging in unfair, deceptive, and abusive practices when attempting to collect the money owed. Some of the prohibited practices include calling consumers outside the hours of 8 a.m. to 9 p.m., using false or deceptive language, and threatening to take legal action, such as garnishing wages or seizing property, when the collector knows that such action is not permitted under law. Collectors are also prohibited from harassing or embarrassing the consumer and from disclosing details of the debt to a third party. Consumers are entitled to certain protections under the FDCPA, such as the right to request debt collection cease. The FDCPA also requires debt collectors to provide written information about the debt, including the amount owed, the creditor to whom the debt is owed, and a statement that the consumer has 30 days to dispute the debt. In Delaware, the FDCPA allows consumers to bring a lawsuit against a creditor or debt collector who has violated the law. Consumers may be able to recover damages, including actual damages, court costs, and attorney’s fees. It is important for consumers to understand their rights under the FDCPA in order to protect themselves from unethical and unlawful debt collection practices.

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What is the Fair Debt Collection Practices Act (FDCPA)?

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