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- The Fair Debt Collection Practices Act, or FDCPA, is a federal law that establishes the rules by which debt collectors must abide when trying to collect an unpaid debt from a consumer.
- Under the FDCPA, debt collectors can’t contact you repeatedly in a form that constitutes harassment, threatens to harm you or contact you publicly in social media, among other things.
- Knowing the rules established in the FDCPA is essential to protecting yourself against unethical debt collection behavior.
When a third-party debt collection company attempts to collect a debt from you, they must refrain from engaging in unethical behavior. If they fail to do so, the Fair Debt Collection Practices Act (FDCPA) sets forth penalties against them for violating your rights.
The FDCPA is a federal law designed to protect you from debt collectors who harass, mislead and abuse consumers. Knowing how this law works is essential when learning how to deal with a debt collector.
What is the FDCPA designed to do?
Enacted in 1978, The FDCPA defines who a debt collector is, how often and when a debt collector can contact you and what constitutes harassment, as well as abuse. It also instructs debt collectors on what to include when notifying you about your debt.
Under this law, original creditors — lenders who originally loaned you money — are exempt. Some states have similar laws that apply to original creditors as well.
When the law was first written, cellphones, email and social media were almost nonexistent. Because of this, some questions have been raised as to how often these forms of communication can be used to collect a debt. The Consumer Financial Protection Bureau recently issued revisions to the act that clarify that these new technologies may be used with limitations.
Types of protections under the FDCPA
The FDCPA has several guidelines about what a debt collector can and cannot do to ensure that they don’t constantly call you, harass and abuse you or lie to you about the amount you owe.
Under the FDCPA, a debt collection agency can only contact you only between the hours of 8 a.m. and 9 p.m.
If they choose to communicate with you via email or text message regarding your debt, the Consumer Financial Protection Bureau requires them to provide a “reasonable and simple method” for you to opt out of receiving future communication. Likewise, although debt collectors can contact you in social media, they must do it privately and always identify themselves when they first message you.
Contact with friends, neighbors and relatives is also permissible. However, if they reach out when attempting to locate you, the debt collector isn’t allowed to reveal that you have debt unless they speak to your spouse.
There are also instances that prohibit debt collectors from initiating any contact with you. If they know you’re represented by an attorney or if you’ve informed them that your place of employment doesn’t allow personal calls, contacting you is a direct violation of FDCPA. You can also send a cease and desist letter by mail asking the debt collector to stop all forms of contact.
Protection against harassment and abuse
The FDCPA protects you from being harassed and abused by the debt collector. For example, if a collector were to call your phone repeatedly to annoy you, they would be in violation of the law.
Additionally, a collector cannot threaten to harm you physically, publish a public listing with your name on it or use profanity.
When communicating with you, a debt collector has to be honest. They can’t pretend to be an attorney, lie about the amount you owe or exaggerate the consequences of you not paying your debt. In addition, they can’t lie to you about the legal status of your debt.
The reason the last point is important is that some debt is time-barred — which means that you don’t have to pay it back after a certain amount of time. If the debt collector lies to you about its legal status and you pay it without confirming the debt’s age, you may end up resetting the clock on the debt.
Validation of your debt
The FDCPA law also offers you a chance to validate your debt. After a collector reaches out to you, they must send a written notice that includes the following:
- Name of original creditor.
- Amount you owe.
- Statement saying you have 30 days to dispute the debt.
- Information on how to dispute the debt in question.
If after checking the information you find that the debt doesn’t belong to you, it’s imperative that you dispute it so you can have it removed from your credit report.
Payments being misapplied due to multiple debts
The law also protects you if you have multiple debts with one collection agency and one of those debts has been disputed.
If you’ve disputed a credit card debt and have a personal loan with the same debt collection agency, the debt collector cannot apply any payments you make to the credit card debt. They’ll have to follow your instructions to apply the payment to your personal loan debt instead.
Types of collections the FDCPA covers
The FDCPA covers debt used primarily for personal and family reasons, which includes the following.
- Student loans.
- Medical debt.
- Personal debt.
- Credit card debt.
- Payday loans.
- Car loans.
Debt used for corporate, agricultural or business purposes isn’t covered under this law.
What to do if your rights have been violated
If a debt collector is acting in violation of the FDCPA, you can take the following actions.
- Report the violation to your state’s attorney general office.
- Sue the creditor in federal or state court.
- Submit a complaint to the Consumer Financial Protection Bureau.
If you need additional help, try reaching out to an attorney in your area who specializes in protecting consumer’s rights. They may be able to help you with filing a lawsuit. The debt collector will have to pay the cost of your attorney fees if you win.
Frequently asked questions
When you fail to repay your debt as promised and ignore calls or written notices from the lender, it could be sent to a debt collector. Whether the debt collector works with an agency or purchases the debt from the original creditor, they will reach out to notify you of the outstanding debt.
The notice should adhere to the FDCPA and include information on how to dispute the debt, the amount you allegedly owe and the name of the original creditor. In some instances, the debt collector may report the unpaid account to one of three credit bureaus once it’s 30 days past due, which will negatively affect your credit score.
Some debt collectors resort to extreme measures that are violations of the FDCPA. They might call your phone repeatedly, shout obscenities during conversations or threaten to arrest you. Or they could threaten to repossess your car or other personal property, which is also a violation of the FDCPA unless the creditor has been awarded a judgment against you.
The statute of limitations is the window of time a debt collector has to collect an unpaid debt. This time frame varies by state, as well as by the type of contract you had — written or oral, promissory note or open-ended account. In some cases, debt collectors may sue you for debts as old as 20 years.
Regardless of the statute of limitations in your state, if a debt has expired you’re not legally required to pay it back. That said, even if your state limits collections after a three- or six-year window, this unpaid debt could stay on your report for up to seven years, impacting your score and future access to credit.