What is the Fair Debt Collection Practices Act (FDCPA)?
The Fair Debt Collection Practices Act (FDCPA) is a law that was designed to protect consumers from unfair or deceptive practices by debt collectors. The FDCPA is a federal law that covers all debt collectors, even those located in Texas. Under the FDCPA, debt collectors are not allowed to use abusive, unfair, or deceptive practices when attempting to collect a debt. Specifically, debt collectors must treat consumers with respect and may not threaten, harass, or use offensive language when making collection calls or sending collection letters. Further, debt collectors are not allowed to collect any additional fees or interest, or contact you more than once every week. In addition, debt collectors are required to provide specific information and documentation to a consumer about the debt, such as the amount of the debt, the name of the original creditor, and their rights under the FDCPA. Debt collectors must also provide consumers with a 30-day notice before any legal action is taken against them. The FDCPA also protects consumers against unfair or deceptive practices used by debt collectors. For instance, debt collectors may not make false or misleading statements about the amount of the debt, falsely claim that a consumer has committed a crime or that they work for a government agency, or harass the consumer by using profane language or repetitive calls. The FDCPA provides consumers with powerful tools to protect themselves against unfair debt collection practices. If you believe a debt collector has violated the FDCPA, you should contact an attorney, as you may be entitled to damages or statutory penalties.
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