FDCPA

Understanding the Fair Debt Collection Practices Act (FDCPA)

The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates the behavior of debt collectors who are attempting to collect on a debt. The FDCPA was enacted in 1977 to protect consumers from unfair or abusive debt collection practices.

What is Covered Under the FDCPA?

The FDCPA applies to personal, family, and household debts, including credit cards, medical bills, and mortgages. It does not apply to business debts. Under the FDCPA, debt collectors are prohibited from engaging in certain practices, including:

Contacting you before 8 a.m. or after 9 p.m. unless you agree to it.
Harassing or threatening you, using profanity, or making false statements about your debt or their authority to collect it.
Contacting you at work if they know or should know that your employer prohibits such calls.
Disclosing your debt to third parties, such as your family, friends, or employer, except in certain limited circumstances.
Continuing to contact you after you have asked them to stop, or after you have sent a written request for them to cease communication.

Your Rights Under the FDCPA

If you believe that a debt collector has violated the FDCPA, you have the right to sue the debt collector in state or federal court within one year of the violation. If you win, you may be entitled to damages, including up to $1,000 in statutory damages, plus any actual damages you suffered, such as lost wages or medical bills. You may also be entitled to recover your attorney's fees and costs.

In addition, you have the right to dispute the debt in writing within 30 days of receiving the initial communication from the debt collector. Once you dispute the debt, the debt collector must provide you with verification of the debt, including the amount owed and the name of the original creditor.

Protecting Yourself from Unfair Debt Collection Practices

If you are being contacted by a debt collector, it is important to know your rights under the FDCPA. You can protect yourself by:

Keeping accurate records of all communication with the debt collector, including dates, times, and what was said.
Sending a written request for the debt collector to cease communication if you do not want to be contacted.
Disputing the debt in writing within 30 days of receiving the initial communication.
Seeking the advice of an attorney who specializes in consumer law if you believe that a debt collector has violated your rights.

If you believe that a debt collector has violated the FDCPA, or if you have questions about your rights under the FDCPA, please contact us. Our experienced attorneys can help you understand your rights and take action to protect them.