What rights do I have under the Fair Debt Collection Practices Act (FDCPA)?
The Fair Debt Collection Practices Act (FDCPA) is a federal law which protects consumers from unfair practices used by debt collectors. In Delaware, the FDCPA regulates the conduct of debt collectors when attempting to collect a debt from an individual. It applies to personal, family, and household debts such as credit card debt, medical bills, and auto loans. Under the FDCPA, debt collectors must treat individuals with respect and dignity when collecting a debt. Debt collectors are prohibited from using profane language, making threats, or using other intimidating tactics. They also cannot call before 8:00am or after 9:00pm or contact an individual’s employer about the debt. The FDCPA also prevents debt collectors from making false or misleading statements, such as saying that an individual has committed a crime or that a collection lawsuit has been filed. Debt collectors are also prohibited from disclosing an individual’s debt to another person, such as a family member or employer. Finally, the FDCPA gives individuals the right to dispute the debt. If an individual believes that the debt is incorrect, they can demand that the debt collector provide proof of the debt. If the debt collector is unable to provide proof of the debt, they must stop collection efforts. In summary, the FDCPA protects individuals from unfair and abusive practices by debt collectors when collecting a debt. It gives individuals the right to dispute the debt, prohibits debt collectors from disclosing the debt to others, and limits the number of times they can contact an individual.
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