Understanding the Fair Debt Collection Practices Act

At its core, the Fair Debt Collection Practices Act (FDCPA) was designed to promote fair debt collection among creditors and collection agencies throughout the United States. In so doing, it simultaneously addresses the issues of abusive collection practices and provides a means for consumers to dispute and/ or obtain validation of debt information in their attempts to ensure that the information pertaining to their case is 100% accurate. In order to promote these goals to the fullest extent, a strict set of guidelines was created under which debt collectors and the agencies they work for are expected to abide. Specifically, the act stipulates the behaviors of conduct that will and will not be permitted when collecting on the debts owed by a person, addressing how business should be conducted as well as defining the rights allowed to consumers that are involved with debt collectors. Penalties were also created as a way to curb these types of problems from continuing further, and remedies for violations of the act are constantly being developed.

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Covered by the governances of the FDCPA are the actions of debt collectors throughout the nation, particularly those individuals that play an instrumental role, either directly or indirectly, in the collection of debts owed by a consumer in the U.S. Under the definitions provided in the act, consumers and debtors are classified as those that engage in personal, household, and/ or family transactions of any degree; businesses in debt are not included in the act's protections. Specifically, the Fair Debt Collection Practices Act prohibits the following conduct:

• Creditors that disregard requests to have their communications with debtors cease
• Creditors that misrepresent or deceive debtors
• Creditors that call at inappropriate hours of the day, specifically those that call outside the time frame of 8 a.m. and 9 p.m. local time
• Creditors that attempt to communicate with third parties in order to collect on an individual's debt
• Creditors that use profanity in their communications with a debtor
• Creditors that report false or inaccurate information on a consumer's credit report
• Creditors that make attempts at communication with a debtor while the debtor is at work
• Creditors that purposefully take action to cause a telephone to ring off the hook
• Creditors that threaten arrest or legal action of any sort when the prospect is not truly under contemplation by any legal officials
• Creditors that continue to pursue a debtor that has obtained legal representation

Any and all of these acts are strictly forbidden among debt collectors in every state of the nation. When they are conducted anyway, the debtor may then be given permission to take legal action of their own. As stipulated by the FDCPA, collectors are not only permitted from behaving in certain ways, they are also expected to conduct themselves in certain ways. Included in the behavioral expectations of collectors are: identifying themselves for who they truly are and notifying consumers of their intentions; notifying the debtor/ consumer of their right to dispute the debt under collection; giving the name and address of the original creditor to the debtor now under scrutiny; and providing verification of a debt to the consumer that is now being pursued. The Federal Trade Commission holds authority over the administrative enforcement of FDCPA transactions. If you have grievances of any type that relate to the regulations stipulated in the Fair Debt Collection Practices Act, then you will need to involve both a legal professional and the Fair Trade Commission Act at once.

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