Fair Debt Collection Practices Act

March 5th, 2009

The Federal Fair Debt Collection Practices Act or FDCPA states consumers’ debt collection rights. Remember that the Federal Fair Debt Collection Practices Act applies to not only the collection agency but also their agents and anyone acting as debt collectors.

Federal Fair Debt collections practices act

Key elements of the Federal Fair Debt Collection Practices Act

When the debt collectors or debt collection agency come into contact with you:

Under the Federal Fair Debt Collection Practices Act, when the debt collectors or debt collection agency come into contact with you, they may not:

contact you at unusual or inconvenient times such as before 8am and after 9pm
contact you at work if you are not permitted to accept debt collection calls there
call you repeatedly
call you without identifying themselves
call you collect or cause you to have to pay for any phone calls
misrepresent themselves as attorneys or members of the law enforcement
use or threaten to use violence
harm you or anyone or their reputation
use obscene language
publish your name on a dead beat list
lie about the amount you owe
threaten to take action against you that they do not intend to take
engage in unfair or outrageous attempts to collect the money from you.

You will find more details of this in the Federal Fair Debt Collection Practices Act (FDCPA) Section 1692(c) and (d).

What are unfair or outrageous that debt collectors cannot do?

Debt collectors or creditors cannot:

add interests or fees that are not part of the original debt
ask for a postdated check by threatening you with criminal action
accept a check that is more than 5 days postdated unless they notify you three to ten days before they cash the check
deposit a post dated check before the date on it

You will find more details of this in the Federal Fair Debt Collection Practices Act (FDCPA) Section 1692(f). The above outline key elements of the Federal Fair Debt Collection Practices Act which concerns your debt collection rights. You also have credit rights which are outlined in the Federal Fair Credit Reporting Act.

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