JPA / Johnston, Parker & Associates Inc.
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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.
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The FDCPA - The Law for Debt Collectors
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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.
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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:
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Prohibited Collection Practices
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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:
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Call before 8 am or after 9 pm, based on consumer time zone
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Call consumer at work, provided the debt collector is aware the consumer's employer does not approve of these phone calls
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Harass, oppress, or abuse consumer
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Lie or falsely imply the consumer has committed a crime
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Use unfair practices in an attempt to collect a debt
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Conceal his or her identity on the phone
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Disregard a written request from consumer to cease further contact
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Debt Collection
Communication Guidelines
The law also dictates how the debt collector must act when communicating with a person other than the consumer.
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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)].
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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.
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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.
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Debt collectors are prohibited from using any form of harassment or abuse while attempting to collect.
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They cannot threaten violence against the consumer, their reputation, or their property.
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In addition, debt collectors cannot use obscene or profane language when communicating with the consumer via phone or through the mail.
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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
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Quarterly Review and Test
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Next FDCPA Review - March 2022
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Test page will open
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Follow instructions
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Results will be sent to you and to your Trainer