What is the Fair Debt Collection Practices Act?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that provides protections for consumers from harassment, abuse, and unfair debt collection practices. The FDCPA was passed in 1977 and is enforced by the Federal Trade Commission (FTC). The FDCPA applies to consumer debts. These are debts that are incurred for personal, family, or household purposes, such as a mortgage, credit card debt, medical debt, and other types of installment loans. It does not apply to business debts. The FDCPA prohibits debt collectors from engaging in unfair, deceptive, and abusive practices when attempting to collect a debt. For example, debt collectors are not allowed to call you repeatedly or make threats of violence or harm. They must also be honest when communicating with you about the debt. The FDCPA also requires debt collectors to provide a written statement of the debt when they first contact you. This written statement should include information about the debt such as the creditor’s name and address, the amount owed, and how the consumer can dispute the debt if they believe it is inaccurate. Under the FDCPA, consumers have the right to sue a debt collector if the collector violates any of the act’s provisions. Consumers may be entitled to damages and may also be able to get the debt collector to stop its collection activities. It is important for consumers to be aware of their rights under the FDCPA so they can protect themselves from unscrupulous debt collectors. In Florida, the Attorney General’s office is a resource for consumers who need assistance understanding their rights and filing complaints against debt collectors.
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