A Nationwide Network of Bankruptcy Attorneys

The FDCPA is a federal law that provides residents of all states with significant rights and protections against abusive, unfair and deceptive debt collection practices that debt collectors frequently use. FDCPA prohibits debt collectors from using profane language, lying and calling a debtor at work if the debt collector knows the employer disapproves. The debt collector must protect the debtor’s privacy. The debt collector can not disclose the debt to any of the debtor’s friends, family members or co workers.

A debt collector, as defined in the FDCPA, is anyone who regularly collects debts on behalf of an original creditor. Original creditors are not considered debt collectors when they attempt to collect debts owed directly to them by the debtor. Therefore, FDCPA does not cover original creditors.

The FDCPA covers only consumer debt, which includes personal, family and household debt, but not business debt or any debt incurred for business purposes. Common types of consumer debt are credit card debt, automobile loans, home loans, utility bills and medical debt.

The FDCPA states that a debt collector is someone, other than the actual creditor or its employees, who regularly collects consumer debts on behalf of creditors. The FDCPA does not apply to the creditor itself. If you owe a dentist and that dentist attempts to collect the debt you owe the dentist, that dentist is not covered under the FDCPA. However, be covered under the laws of the state where the debtor resides.

The FDCPA has imposed restrictions on debt collectors and how they collect the debt. These include the following:

1. Debt collectors cannot contact you at unreasonable times. The FDCPA views an unreasonable time for contact is before 8:00 A.M. or after 9:00 P.M.

2. Harassing, oppressing, abusing you or using obscenity, racial slurs or insults in connection with the collection of debt is prohibited by FDCPA.

3. The person who is trying to collect the debt cannot lie or conceal his or her identity on the phone.

4. FDCPA prohibits the collection agencies from contacting you at work. The collection agency cannot inform your employer the reason behind the call, unless first asked by the employer. Debt collectors can only communicate with a third party such as a relative, neighbor, or employer for the purpose of acquiring location information about the debtor. Co signers to the debt, however, may be contacted by the debt collector.

5. While gathering information about your location, the collection agencies cannot give out any kind of information regarding the debt. Debt collectors are also not allowed to contact you or the third party via post card or use any kind of notation, symbol or language on an envelope that shows they are a debt collector.

6. According to the FDCPA, debt collectors cannot threaten you with actions which they do not intend to carry such as: wage garnishment, threatening you with arrest, repossession harming your score, or other false threats just to intimidate you.