Does the Fair Debt Collection Practices Act apply to all types of debt?
No, the Fair Debt Collection Practices Act (FDCPA) does not apply to all types of debt. The FDCPA is a federal law that protects consumers from unfair or abusive debt collector practices. The FDCPA applies only to personal debt such as medical bills, credit card debt, or utility bills. It does not apply to business debts, or to debts that were incurred through fraud or false pretenses. The FDCPA also does not apply to debt collection activities carried out by the original creditor, such as a credit card issuer or a hospital. In these cases, the consumer is protected by state law, such as California’s Unfair Competition Law or the Rosenthal Fair Debt Collection Practices Act. The FDCPA does, however, apply to debt collectors, who are third parties hired to collect debts for the original creditor. Debt collectors are required to follow the regulations established by the FDCPA, including ceasing communication with a consumer if the consumer requests to do so in writing. In addition, the FDCPA prohibits debt collectors from engaging in unfair or deceptive practices, such as calling a consumer outside of normal business hours or using deceptive language in written or verbal communications. Consumers have the right to seek damages and attorney’s fees if a debt collector has violated the FDCPA.
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