What is the Fair Debt Collection Practices Act (FDCPA)?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that sets out limits on how debt collectors can contact people who owe money. This law was passed in 1977 to protect consumers from unethical and harassing collection practices. Under the FDCPA, debt collectors must be honest, follow the law, and treat debtors fairly. The FDCPA applies to third-party debt collectors who try to collect on debts that have been transferred to them, such as medical bills, credit cards, and other consumer debt. It does not apply to creditors, such as banks, trying to collect on their own loans. The FDCPA prohibits debt collectors from using various practices, such as making false or deceptive statements, using threats of violence, harassing debtors, or using profane or obscene language. It also requires that debt collectors give debtors certain information about the debt, such as the amount due, the creditor’s name, and the right to dispute the debt. The FDCPA allows people to sue debt collectors for violating its rules. Individuals who win a FDCPA lawsuit can get back up to $1,000 in damages plus attorney’s fees. In addition, debt collectors are prohibited from charging any fees or interest above what the creditor charged the debtor in the first place. These protections help ensure that debtors can communicate with debt collectors without fear of mistreatment. The FDCPA is an important part of collection defense law in Washington and across the country.
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