Key Provisions of the Fair Debt Collection Practices Act (FDCPA)

Below is a summary of key provisions of the Fair Debt Collection Practices Act (FDCPA).

✅ Key Protections for Consumers (Debtors)

1. Protection from Harassment

   • Debt collectors may not harass, oppress, or abuse consumers.

   • Prohibited conduct includes:

     • Repeated or continuous phone calls intended to annoy

     • Use of profane or obscene language

     • Threats of violence or harm

2. No False or Misleading Representations

   • Collectors cannot lie about:

     • The amount of the debt

     • Their identity (e.g., pretending to be an attorney or government official)

     • Legal consequences (e.g., threatening arrest or lawsuit when not lawful or intended)

3. Validation and Verification of Debts

   • Within 5 days of initial contact, the collector must provide a written notice of:

     • The amount owed

     • The name of the creditor

     • A statement that the consumer can dispute the debt within 30 days

   • If the consumer disputes it, collection must stop until the debt is verified.

4. Limits on Contact

   • Debt collectors:

     • May only contact consumers between 8 a.m. and 9 p.m. (local time)

     • Must stop contact if requested in writing

     • May not contact the consumer at work if they know it’s prohibited by the employer

     • Can contact third parties only to locate the consumer, and cannot reveal that the person owes a debt

5. Right to Sue and Recover Damages

   • Consumers can sue collectors in state or federal court for violations.

   • Remedies may include:

     • Actual damages

     • Statutory damages (up to $1,000 per lawsuit)

     • Attorney’s fees and costs

🚫 Limitations on Debt Collectors

The FDCPA applies to third-party debt collectors, not original creditors (unless they use a different name for collection). Key restrictions include:

Prohibited Action	Description
Harassment	Repeated calls, threats, profanity
False Statements	Misrepresenting the debt, collector's identity, or consequences
Unfair Practices	Adding unauthorized fees, depositing postdated checks early
Contacting Others	Telling friends/family about the debt, or contacting the consumer after a cease request
Legal Threats	Suing or threatening legal action that isn’t actually intended or permitted

📌 Who Is Covered?

• Consumers: Only individuals (not businesses) with personal, family, or household debts

• Debt Collectors: Only third parties collecting debts on behalf of another entity, including collection agencies and law firms acting as collectors

If you're being harassed by a debt collector, please reach out for assistance to learn more about your rights.