Fair Debt Collection Practices Act (FDCPA) - Summary Created by Golden Financial Services


Published on

The Fair Debt Collection Practices Act (FDCPA) can be confusing and hard to understand. Do you know your Debt Collection Rights? This summary allows anyone to learn their consumer rights and understand what's inside the FDCPA. See the Golden Financial Services Blog Post that goes along with this FDCPA Summary. It is the first post of a series on how to Settle Debt On Your Own.
When this act is combined with the Fair Credit Reporting Act (FCRA), it equals your consumer rights. Learn the FDCPA now!

Published in: Economy & Finance, Business
  • Be the first to comment

  • Be the first to like this

No Downloads
Total Views
On Slideshare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

Fair Debt Collection Practices Act (FDCPA) - Summary Created by Golden Financial Services

  1. 1. Fair Debt Collection Practices Act (FDCPA)  Here is the original and full copy of the Fair Debt Collection Practices Act Debt Collectors Trying to Locate a Person:  If a debt collector calls anyone in an effort to locate a person who owes debt, they cannot reveal in any way that the person owes a debt. They can only request the appropriate contact information for that person. This includes keeping mail sent by a debt collector confidential.  Once the debt collector is aware that a person who owes a debt is being represented by an attorney, all communication must be directed to their attorney. When is a debt collector NOT allowed to contact a person?  A debt collector is not allowed to contact a person at a time that is not convenient for that person.  A debt collector cannot contact a person earlier than 8AM or later than 9PM.  If an attorney is representing someone, and the debt collector has the attorney’s contact information, they must only contact their attorney unless the attorney fails to respond.  A debt collector is not allowed to contact a person at their place of employment if the debt collector is told one time that their employer does not allow these types of calls.  Debt collectors cannot communicate with consumers by a post card.  Under most circumstances a debt collector can only contact a person directly, their attorney or the consumer reporting agencies regarding a debt. How can a person cease the communication of a debt collector?  A person needs to request in writing that a debt collector cease all communication. The debt collector must then cease communication, but can send a final notice stating that they may turn to “special remedies”, as stated in the original FDCPA, or a final notice saying the debt collector will cease future communication.
  2. 2. Harassment and abuse – the following are all VIOLATIONS. Debt collectors are not allowed to collect a debt by using tactics that include:  Foul language.  Viciousness or threats that lead a person to believe their life or body, or that their reputation was in danger of being harmed.  A threat to place someone on an embarrassing list seen by the public.  Method where the intent is to annoy or harass.  Threatening to have a person arrested or imprisoned if they don’t pay.  Lying or misrepresenting WHO THEY REALLY ARE.  Using unauthorized documentation that is meant to scare a person, or that can be misleading in any way. Validation of debts  Within 5 days after initial communication with a person regarding their debt, the debt collector must follow up with something in writing, and which includes the following: o (Refer to § 809. Validation of debts on the Fair Debt Collection Practices Act for more information on the validation of debts) The original creditor’s name and total amount owed. A statement that tells the consumer they have 30 days to dispute the legitimacy of the debt. It is important that they dispute the debt immediately if it is truly inaccurate. o As stated to § 809. Validation of debts [15 USC 1692g], (b) “If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.” When a debt collector takes a legal action  It can only be brought forth by the court system o (refer to § 811. Legal actions by debt collectors [15 USC 1692i]) Can a consumer pursue legal action on a debt collector?
  3. 3.  Debt collectors that fail to comply with the Fair Debt Collection Practices Act can be liable for damages and a class action lawsuit can take place. o (Refer to section § 813. Civil liability, of the Fair Debt Collection Practices Act for more information on this subject) What consumers can do to protect themselves from debt collector violations?  Ensure all details which may have been verbally exchanged are received in writing before making any payments on a debt. Obtain all information pertaining to the creditor, including their name, address, business name, phone number, fax number, email, etc... How do I file a complaint about a debt collector?  Start by filing the complaint with your state’s attorney general.  Consumers can also visit the Federal Trade Commission (FTC) website, and file a complaint directly with the FTC regarding an abusive debt collector.  The FTC does not resolve complaints, but rather records them. So if you are looking for a resolution, it will be more effective to start off at the attorney general’s website in the state where you reside. Thank you for reading our summary; let us know in the comments of the blog post how you liked it! If you have any questions please call us, toll-free at (866) 376 – 9846.