Understanding How the Fair Debt Collection Practices Act Protects Consumers?

Answer 1

The Fair Debt Collection Practices Act (FDCPA) was first enacted in 1977 to protect consumers against certain debt collection tactics. This goal of the FDCPA is to keep debt collectors from deceiving, harassing or taking advantage of consumers. While this law does not cover business debts, it does cover all personal debts, like credit card debt, medical bills and auto debt.

What Debt Collectors Are Forbidden to Do Under the Fair Debt Collection Practices Act

Under the FDCPA, debt collectors must send consumers a written letter within five days of first initiating contact by telephone. This letter must contain specific information, including the balance of the debt, who is currently pursuing the debt, and the original creditor. The initial letter must also let the consumer know that he or she has 30 days to dispute the debt or request validation.

The FDCPA also prohibits when and how a debt collector may attempt to collect a debt. Debt collectors are allowed to send written correspondence, call, or visit a person's home or place of employment. Phone calls and visits must be limited to the hours between 8 a.m. and 9 p.m. However, debtors can forbid debt collectors from contacting them at work if it puts their job in danger. Collectors who ignore such a request are violating the FDCPA.

Debt collectors are also prohibited from threatening or harassing consumers. A debt collector cannot threaten a debtor physically or threaten to tell others about the debt. Collectors may not use offensive language, lie or contact a consumer excessively. Calling several times a day is generally considered excessive.

How Consumers Can Fight Back Against Debt Collectors Who Violate Their Rights

If a debt collector has violated the terms of the FDCPA, consumers can take action. Debt collectors that violate the law can be sued within one year of committing the illegal action. Consumers who intend to sue a debt collector might need to seek legal representation to help them prepare their case.

If the consumer wins the case, he or she may receive up to $1,000 to cover lost wages or other expenses. The debt collector will also be forced to reimburse the consumer's court costs and legal fees. While this will not void the consumer's debt, it should help the consumer repay the delinquent amount.

Answer 2

The Fair Debt Collection Practices Act (FDCPA) protects consumers by setting guidelines for how debt collectors can communicate and behave when attempting to collect debts. It prohibits practices like harassment, false statements, and unfair practices. Consumers have rights under the FDCPA, including the right to request verification of the debt and the right to stop debt collectors from contacting them. It is important for consumers to know their rights under the FDCPA to protect themselves from abusive debt collection practices.