Fair Debt Collection Practices Act

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Fair Debt Collection Practices Act (FDCP)

The Fair Debt Collection Practices Act (FDCP) helps promote fair debt collection in a number of ways. The FDCP prescribes ethical guidelines for debt collectors to follow, and outlines prohibited conduct used in collecting a debt. It also defines consequences for debt collectors in violation of these policies while providing consumers with an opportunity for disputing debts. The Fair Debt Collection Practices Act is regulated by the Federal Trade Commission (FTC), and covers several different types of debt.

 

Fair Debt Collection Practices Act (FDCP) Covers These Debts:

• Personal, family and household debts
• Car purchase debt
• Medical care debt
• Retail financing debt
• First and second mortgages
• Money owed on credit card accounts

 

Fair Debt Collection Practices Act (FDCP) Required Conduct

The Fair Debt Collection Practices Act (FDCP) requires debt collectors to follow a set of guide-lines in their communication with debtors to prevent harassment or unfair practices. Upon communication with the consumer, debt collectors are required to identify themselves and make the consumers aware they are trying to collect a debt. Next, debt collectors must give the name and the address of the original creditor. A verification of the debt must be provided. Finally, if the debt collector chooses to file a lawsuit, they may only file the lawsuit in the place where the consumer resides or where they signed the contract.

 

Fair Debt Collection Practices Act (FDCP) Prohibited Conduct

The Fair Debt Collection Practices Act (FDCP) prevents abusive behavior, and deceptive tactics when attempting to collect a debt. Prohibited conduct includes:

• Contacting consumers before 8 am or after 9 pm local time
• Contacting consumers after debt collectors received a written notice from consumer saying they do not wish any further communicator from the debt collector
• Repeatedly calling with the intent to annoy or harass
• Contacting consumers at their place of work
• Contacting consumers after they have enlisted the help of an attorney
• Contacting consumers after they have submitted a written request for verification of the debt
• Misrepresenting the debt or misrepresenting themselves as a debt collection agency
• Putting consumer’s name or address on a “bad debt” list
• Seeking incorrect debt amounts
• Threatening the consumers with legal action or possible arrest
• Profane language
• Contacting third parties and discussing the debt
• Contacting the consumers by postcard, using anything but the debt collector’s address on an envelope, or other embarrassing media
• Reporting false information on credit reports

 

Fair Debt Collection Practices Act (FDCP) Attorneys

Fair Debt Collection Practices Act (FDCP) attorneys can put an immediate stop to debt collector calls. Attorneys help ensure debt collectors are following the required conduct as described by the Fair Debt Collection Practices Act (FDCP). In addition to that, FDCP attorneys can file a lawsuit to recover damages if debt collectors violate the FDCP’s terms of prohibited and required conduct.

 

Contact Fair Debt Collection Practices Act (FDCP) Attorneys

Consumer Attorney Services utilizes Fair Debt Collection Practices Act (FDCP) attorneys with over 30 years combined experience. Our bankruptcy and foreclosure defense teams are staffed with experienced case managers, investigators, and legal assistants. Our commitment to providing an outstanding quality of service distinguishes us from other bankruptcy and foreclosure defense law firms.

Contact our experienced Fair Debt Collection Practices Act (FDCP) professionals today for a free consultation to see if damages can be recovered on your behalf for unscrupulous debt collection practices.

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