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The Fair Debt Collection Practices Act (FDCPA) (15 USC 1692 et seq.), which became effective in March 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices.

The FDCPA - The Law for Debt Collectors

  • The Fair Debt Collection Practices Act, commonly referred to as the FDCPA, is a federal law that governs the actions of parties acting as third-party debt collectors for personal debts. Auto loans, home loans, medical bills, and credit card accounts are all considered personal debts.

  • The FDCPA applies when these debts are being collected by a third-party debt collector, as opposed to the original creditor. The FDCPA does not apply when a collector is collecting a business debt.

 

Full version of Regulatory Laws

 

To review the entire Act online click here:

Full version of Regulatory Laws

 

To review or print the entire Act, click here:

Prohibited Collection Practices

  • Whenever a creditor uses a third-party to collect a debt, that collector is obligated to follow the rules of the FDCPA, even when that third-party is an attorney. There are several things that a debt collector cannot do under the FDCPA. They cannot:

  • Call before 8 am or after 9 pm, based on consumer time zone

  • Call consumer at work, provided the debt collector is aware the consumer's employer does not approve of these phone calls

  • Harass, oppress, or abuse consumer

  • Lie or falsely imply the consumer has committed a crime

  • Use unfair practices in an attempt to collect a debt

  • Conceal his or her identity on the phone

  • Disregard a written request from consumer to cease further contact

 

 

 

 

 

Debt Collection

Communication Guidelines

 

The law also dictates how the debt collector must act when communicating with a person other than the consumer.

  • The collector is prohibited from giving out information pertaining to the debt to anyone but consumer or consumer's spouse (or parent or guardian if consumer is a minor)].

  • Debt collectors are not allowed to communicate via postcard or use any kind of symbol or language on an envelope that indicates they are a debt collector.

  • Once the debt collector learns consumer is represented by an attorney – and has the contact information for the attorney – the debt collector can only communicate with the attorney.

  • Debt collectors are prohibited from using any form of harassment or abuse while attempting to collect.

  • They cannot threaten violence against the consumer, their reputation, or their property.

  • In addition, debt collectors cannot use obscene or profane language when communicating with the consumer via phone or through the mail.

  • Collection agencies and their collectors cannot publish any kind of listing of consumers that have not paid a debt, except to a consumer bureau.

 

Training Videos

 

FDCPA - Section 802

Congressional Findings

FDCPA - Section 803

Definitions to Know

FDCPA - Section 804

Acquisition of Location Information

- from Third Parties

  • Quarterly Review and Test
  • Next FDCPA Review - March 2022
  • Test page will open

  • Follow instructions

  • Results will be sent to you and to your Trainer