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

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from unwanted and abusive debt collection practices. It was created to protect consumers from harsh and deceptive tactics used by debt collectors in an attempt to collect debts. It applies to debt collectors, not to the original creditor. Under the FDCPA, debt collectors must follow certain rules when attempting to collect a debt. They must identify themselves to the consumer and notify the consumer about the debt. The debt collector must also provide verification of the debt upon request. They are not allowed to harass, abuse, or threaten the consumer or use deceptive, misleading or unfair practices. The FDCPA also prevents debt collectors from calling the consumer at an unusual time or at an inconvenient place. A debt collector cannot contact the consumer at their job if they know the consumer’s employer does not approve of such calls. Furthermore, a debt collector is restricted from publishing the consumer’s name or address as a part of a list of customers who allegedly failed to pay their debts. In Texas, if a debt collector violates the rights of a consumer under the FDCPA, the consumer may be entitled to various types of relief, including actual damages, statutory damages, punitive damages, and attorney’s fees. Consumers should be aware of their rights and file a complaint with the Consumer Financial Protection Bureau if they suspect they are being treated unfairly by a debt collector.

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

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