FDCPA - Fair Debt Collection Practice Act
Laws That Protect You

FDCPA stands for The Fair Debt Collection Practices Act, and is a federal statute that regulates debt collectors. These guidelines are designed to protect consumers from harassment and abuses from the debt collection industry. These rules state what debt collectors can and cannot do, how and when they communicate with you, and other illegal, misleading tactics.

The FDCPA, while properly called The Fair Debt Collection Practices Act, its commonly referred as:

• The Federal Debt Collection Act
  
• Fair Debt Collection Law
  
• The Fair Debt Collection Protection Act,and
  
• Federal Fair Debt Collection Act
  

FDCPA statutes apply to third party collection agencies, debt collection lawyers, and debt buyers or debt purchasers. While FDCPA rules don't typically apply to creditors collecting their own debts, some states have enacted similar legislation that do regulate original creditors. As such, it is a good idea to be familiar with and operate within these parameters to avoid any potential problems in attempting to collect from a debtor.

Because of the historical nature of abuses, harassment and other unethical, illegal methods used in the collections industry, these FDCPA measures were implemented to counter and combat these illegal tactics. Consumers, in addition to these protections, are also armed with legal and monetary recourses. Most FDCPA violations go unpunished, largely because consumers aren't aware of their rights, but also because due to high volume of consumer debt in today's society.

Consumers can sue and receive $1000.00 for statutory damages, along with actual damages, and attorneys fees. Consult with an attorney in your state if you feel you've been a victim of harassing, abusive and illegal treatment from a debt collector.

Here are some common abuses and illegal tactics that are prohibited by the FDCPA. For more detailed information, visit The Fair Debt Collection Practices Act website.

• Calling debtors outside of the legally proscribed time between 8am-9pm, local time.
• Continuing communications after debtor has written to cease communications.
• Contacting debtors at their workplace after having been told its unacceptable or prohibited by the employer.
• Calling a debtor that's represented by an attorney
• Using deception or misrepresentation to collect a debt.
• Using abusive, threatening, or profanity to scare debtors into paying.
• Threatening legal action without either following through, or they're not actual attorneys legally qualfied to proscribe legal actions.
• Communicating the nature of the debt with third parties (other than the debtor's spouse or attorney)

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