What is the Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act (FDCPA) is a law that regulates how debt collectors can communicate with individuals in order to collect a debt. The FDCPA is a federal law that expects debt collectors to act in fair, professional, and non-abusive ways when they are trying to collect a debt. The FDCPA also protects consumers by prohibiting certain actions. In California, the FDCPA applies to all debt collection companies, including debt buyers, collection attorneys, and individual collectors. Under the FDCPA, debt collectors cannot harass or abuse consumers, threaten illegal action, make false or misleading statements, or use unfair methods to try to collect a debt. Debt collectors are also barred from calling consumers before 8 a.m. or after 9 p.m., unless the consumer agrees otherwise. They also cannot contact consumers at work if the consumer has asked them not to do so. Finally, debt collectors must also provide a written notice to the consumer within five days of their initial contact that includes the amount of the debt, the name of the creditor, and a statement about the consumer’s right to dispute the debt. The FDCPA can be enforced both by the government and by consumers. Consumers can file a complaint with the Federal Trade Commission if they feel their rights have been violated. Furthermore, consumers can also sue debt collectors in California who violate the FDCPA.

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What is the Fair Debt Collection Practices Act?

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