What rights do I have under the Fair Debt Collection Practices Act (FDCPA)?

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from unfair or abusive debt collection practices. In New Mexico, it is enforced by the state’s Attorney General Office. Under the FDCPA, debt collectors must treat consumers fairly and respectfully. Debt collectors must identify themselves when contacting debtors, provide information about the debt and the amount owed, and they cannot call the debtor or contact them at inconvenient times. Debt collectors also cannot make false statements or threaten to sue a debtor if they cannot do so legally. Debt collectors are also prohibited from using abusive language, harassing or intimidating the debtor in any way, or revealing any information about the debt to the debtor’s relatives, friends, or employer. They must provide written notice of the debt and have the right to a written response from the debtor. Additionally, debt collectors cannot use deceptive means to collect a debt, such as claiming that a debt is larger than it is or giving the false impression that the debt is secured by property. They also cannot use postcards, threatening letters, or statements that imply the debt is criminal, or threaten to take actions that are not allowed by law. The FDCPA also gives the debtor the right to dispute the debt within 30 days of notification and to have it verified by the debt collector. In New Mexico, debt collectors must comply with the FDCPA and must provide debtors with a written notice of their FDCPA rights each time they contact a debtor.

What rights do I have under the Fair Debt Collection Practices Act (FDCPA)?

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