(FCRA)
The FDCPA is a federal law that protects consumers from abusive, deceptive, and unfair debt collection practices. It regulates how debt collectors can interact with consumers and sets strict guidelines on their conduct.
The FDCPA applies to third-party debt collectors, including collection agencies, debt buyers, and attorneys who collect debts on behalf of others. It does not generally apply to original creditors collecting their own debts.
The FDCPA covers personal, family, and household debts, such as credit card debt, medical bills, mortgages, and other consumer debts. It does not cover business debts.
Debt collectors are prohibited from using abusive language, making threats, contacting you at inconvenient times or places, disclosing your debt to third parties, and engaging in deceptive practices, among other restrictions.
A debt collector can contact you at work unless they know or have reason to know that your employer disapproves of such contact. You can request that they not contact you at work, and they must comply.
You can stop a debt collector from contacting you by sending a written request asking them to cease communication. Once they receive your request, they can only contact you to confirm there will be no further contact or to inform you of specific legal actions they plan to take.
If a debt collector sues you, it’s important to respond to the lawsuit by the deadline. You may want to consult with an attorney to understand your rights and defenses.
If a debt collector harasses or threatens you, they are in violation of the FDCPA. You can report them to the Consumer Financial Protection Bureau (CFPB), your state attorney general’s office, or consider filing a lawsuit for damages.
You have the right to request written verification of the debt within 30 days of receiving the initial contact from the debt collector. The collector must provide details such as the amount owed and the original creditor’s name.
No, a debt collector is generally not allowed to discuss your debt with anyone other than you, your spouse, or your attorney. They may contact third parties only to obtain your contact information, and even then, they cannot disclose that you owe a debt.
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