Fair Debt Collection Practices Act (FDCPA)
History
The FDCPA was enacted in 1978 by Congress (as part of the Consumer Credit Protection Act) in response to growing harassment of consumers by third party debt collectors. It covers only those third party collectors - not the original creditor - although state laws can and do oftentimes provide similar protections against harassing creditors.Overview
As with many consumer rights laws, there are essentially three questions we must answer:- What can the collector do?
- What acts are prohibited?
- What can you do to enforce your rights?
Permitted and Required Collector Acts
A third party debt collector is allowed under the FDCPA to contact you regarding your debts by mail, telephone, telegram, or in person. It may call other people only for the sole purpose of ascertaining your whereabouts. It may contact such people only once, however.The collector must do the following:
- Identify itself as a debt collector in every communication
- Identify the original creditor whenever you ask it to do so
- Provide verification of the debt upon your request
- Give certain notices to you, including the notice of the right to dispute the debt, partially or fully
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