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

The Fair Debt Collection Practices Act (FDCPA) is a law created to protect consumers from unfair or abusive debt collection practices. The FDCPA was passed by the U.S. Congress in 1977 and is enforced by the Federal Trade Commission (FTC). It applies only to debt collectors, which are companies that are hired by creditors to collect past-due debts. The FDCPA sets rules on how debt collectors communicate with consumers and how those communications should take place. For example, debt collectors are required to identify themselves and state the nature of their calls in all written, electronic, and verbal communication. Debt collectors must also provide a validation notice, which explains rights of the consumer, such as the right to dispute a debt or have it verified. The FDCPA also sets limits on when and how debt collection calls can take place. A debt collector may not call a consumer before 8 a.m. or after 9 p.m., nor can they call a consumer’s place of work if the consumer has asked them not to. Moreover, the FDCPA prohibits certain practices that are considered abusive or harassing, such as using obscene language or making threats of harm or violence. The FTC also warns debt collectors against engaging in unfair practices, such as attempting to collect more than is owed, attempting to collect on an expired debt, depositing a post-dated check prematurely, or making false statements about a debt. In Delaware, consumers who believe that their rights under the FDCPA have been violated can contact the Consumer Protection Unit at the Delaware Department of Justice for help.

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

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