By Maya Kapur
The Fair Debt Collection Practices Act (FDCPA) was designed to stop debt collectors from using abusive, deceptive, and unfair methods. Understanding the FDCPA can help you protect your rights when facing debt collection.
The FDCPA is a set of rules that debt collectors must follow. Debt collectors are people that are hired by creditors to collect the debts they are owed. The FDCPA limits when and how debt collectors can contact you to collect the debt. The FDCPA says that debt collectors can only call you at a reasonable time or place. That means that debt collectors cannot show up at your workplace or call you in the middle of the night to collect debts. And, if you write to the debt collectors to ask them to stop contacting you, they must respect that and end their communication with you.
The FDCPA also stops debt collectors from being rude, threatening, or annoying. This means they cannot call you multiple times a day just to annoy you. They also cannot use abusive language or threaten you into paying the debt. Debt collectors also must tell you the truth about exactly how much you owe and who you owe the debt to. Debt collectors also cannot pretend to be someone else like a lawyer or a police officer to try and get you to speak with them. The FDCPA requires debt collectors to be honest, respectful, and reasonable.
The FDCPA also requires debt collectors to verify the debt. This means that within five days of first contacting you, the debt collectors need to send you a written notice that tells you the amount of the debt, to whom you owe the debt, and that you have a right to challenge the debt. You can challenge the debt in writing within 30 days of getting the notice. If you challenge the debt, the collectors must stop trying to collect until they prove that you actually owe the debt.
The FDCPA is a federal statute. If a debt collector breaks any of the rules under the FDCPA, you can report them to the Federal Trade Commission (FTC) or your state’s Attorney General. You can also take legal action against debt collectors who break the rules under the FDCPA. Legal Aid can offer you advice on fair debt collection practices.
- Visit a Legal Aid Brief Advice Clinic for in-person advice – find clinic dates and locations online: lasclev.org/events
- Visit Legal Aid’s website to learn more about your rights when facing debt collection: lasclev.org/get-help/money/debt-collection
This article was published in Legal Aid's newsletter, "The Alert" Volume 40, Issue 1, in Fall 2024. See full issue at this link: “The Alert”- Volume 40, Issue 1.