Fair Debt Collection Practices Act (FDCPA)
What is the Fair Debt Collection Practices Act?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the behavior and actions of third-party debt collectors who are attempting to collect a debt on behalf of another entity. The purpose of the FDCPA is to allow consumers the ability to file suit against debt collectors that who are using abusive, unfair, or deceptive practices when trying to collect a debt from a consumer.
Some examples of prohibited collection behavior include:
- Use or threat of use of violence or other criminal means to harm the consumer, consumer’s reputation, consumer’s property.
- The use of obscene or profane language to a consumer.
- Communicating with a consumer before 8 a.m. and after 9 p.m. local time.
- Communicating with a consumer when the debt collector knows the consumer is represented by an attorney.
- Communicating with a consumer at the consumer’s job when the debt collector has reason to know that the consumer’s employer prohibits such communications.
- False representation of the character, amount, or legal status of any debt.
- False representation or implication that any individual is an attorney or that any communication is from an attorney.
- That nonpayment of any debt will result in the arrest or imprisonment of any person of the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.