Debt Management Services

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.