What is the Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act (FDCPA) is a federal law designed to protect consumers from unfair and deceptive practices by debt collectors. It is enforced by the Federal Trade Commission (FTC). The FDCPA makes it illegal for debt collectors to harass, oppress, or abuse consumers. It also prohibits them from using any unfair or deceptive practices to collect a debt. Examples of prohibited behaviors include using false or misleading statements to collect a debt, disclosing a consumer’s debt to a third party, calling a consumer at times or places they would not expect a debt collection call, using language that is considered obscene or profane, and threatening to take action that a debt collector cannot legally take. Additionally, debt collectors must provide accurate and complete information about the amount a consumer owes and must abide by certain restrictions on how often they contact a consumer. They cannot call consumers at inconvenient times, such as before 8:00 am or after 9:00 pm, unless permitted to do so by the consumer. The FDCPA applies to all consumer debts, including credit card debt, medical bills, and other forms of personal debt. In California, it is enforced by the California Attorney General’s Office, and consumers who feel they have been mistreated by a debt collector have the right to file a complaint. If the complaint is found to have merit, the debt collector may be required to pay the consumer monetary damages or to cease collection activities altogether.

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What is the Fair Debt Collection Practices Act?

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