Fair Debt Collection Practices
The Fair Debt Collection Practices Act
Overview
Abusive debt collection practices
contribute to a number of personal bankruptcies, marital instability, the loss of
jobs, and invasions of individual privacy. The Fair Debt Collection Practices Act
(FDCPA) was enacted in 1996 to protect individuals from all debt collectors.
Before the enactment of the FDCPA, there was abundant
evidence of the use of abusive, deceptive, and unfair debt collection practices
by many debt collectors.
The purpose of the FDCPA is to:
1. Eliminate abusive debt collection practices by debt
collectors.
2. Ensure that those debt collectors who refrain from
using abusive debt collection practices are not competitively disadvantaged.
3. Promote consistent State action to protect consumers
against debt collection abuses.
Who is a Debt Collector?
A debt collector is anyone,
other than the creditor, who regularly collects debts for others.
How May a Debt Collector Contact You?
A debt collector may contact
you in person, by mail, telephone or telegram. However, it can't be at inconvenient
times or places, such as before 8 a.m. or after 9 p.m.
A debt collector may not contact you at work if
your
employer disapproves. A debt collector may not contact you or a third party
if the collector knows that you have retained an attorney.
Can You Stop a Debt Collector Contact You?
Yes, you may stop a debt collector from calling you by saying so in writing within 30 days after his first contact. Once you tell a debt collector not to call you, the debt collector can no longer do so except, to tell you that there will be no further calls.
