What is the Fair Debt Collection Practices Act (FDCPA)?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that sets forth guidelines for debt collectors in their dealings with consumers. The FDCPA was passed in 1977 and is enforced by the Federal Trade Commission (FTC). It applies to all debt collectors, including collection law firms, collection agencies, and individuals. The FDCPA outlines several provisions designed to protect consumers from unfair and deceptive collection practices. For example, the law stipulates that debt collectors must identify themselves when contacting a consumer, and that they cannot use abusive or threatening language in their communications. It also forbids debt collectors from lying, misrepresenting, or deceptive practices, such as falsely claiming that the consumer is legally obligated to pay a debt that is not valid. The FDCPA also prohibits debt collectors from engaging in unfair practices, such as trying to collect more than a consumer is legally obligated to pay, or attempting to collect debts that are not owed. In addition, the FDCPA specifies that debt collectors may not contact a consumer’s neighbors, family, or employer in an attempt to collect a debt. The FDCPA is enforced by the FTC, and violators of the law can be subject to civil penalties, including damages and attorney’s fees. Consumers may also pursue legal action against debt collectors who violate the law. In addition, New York has its own laws that go beyond the FDCPA, in order to further protect consumers from unfair debt collection practices.
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