Fair Debt Collection Practices Act

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.

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.