What is the Fair Debt Collection Practices Act (FDCPA)?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that was passed in 1977 in order to protect consumers from unfair and abusive practices by debt collectors. This law applies to any individual who is in the business of collecting debts, including collection agencies, lawyers, and creditors. Under the FDCPA, debt collectors are prohibited from engaging in certain activities that are considered abusive or illegal, such as harassing or threatening debtors, disclosing confidential information about the debtor, or using false or misleading information in an attempt to collect a debt. The FDCPA also requires that debt collectors provide the debtor with certain information, such as the amount of the debt, the creditor to whom the debt is owed, and the rights of the debtor. The law also prohibits debt collectors from collecting any fees or interest beyond what is stated in the original agreement. If a debt collector violates the provisions of the FDCPA, the debtor has the right to file a lawsuit in order to seek damages from the collecting agency or individual. In the State of California, the law also provides consumers with the right to recover their attorney’s fees if they prevail in the lawsuit. In addition, the original debt can be reduced or removed in order to compensate the debtor for damages incurred.
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