top of page
Top of Page
FDCPA composite.jpg
FDCPA - Review

​​

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

 

 

 

Communication Guidelines

 

​

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 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

FDCPA - Review TEST
bottom of page