Fair Debt Collection Act


What is the Fair Debt Collection Act?

The Fair Debt Collection Practices Act is a federal statute aimed at curbing abusive practices in debt collection.


What debts are covered?

Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.


Who is a debt collector?

A debt collector is any person, other than the creditor, who regularly collects debts owed to others. Under a 1986 amendment to the Fair Debt Collection Practices Act, this includes attorneys who collect debts on a regular basis.


How may a debt collector contact you?

A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at unreasonable times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves.


Can you stop a debt collector from contacting you?

You can stop a collector from contacting you by writing a letter to the collection agency telling them to stop. Once the agency receives your letter, they may not contact you again except to say there will be no further contact. The agency may notify you if the debt collector or the creditor intends to take some specific action.


May a debt collector contact anyone else about your debt?

If you have an attorney, the debt collector may not contact anyone other than your attorney. If you do not have an attorney, a collector may contact other people, but only to find out where you live and work. Collectors usually are prohibited from contacting such permissible third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.


What must the debt collector tell you about the debt?

Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.


May a debt collector continue to contact you if you believe you do not owe money?

A collector may not contact you if, within 30 days after you are first contacted, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.


What types of debt collection practices are prohibited?

Harassment. Debt collectors may not harass, oppress, or abuse anyone. For example, debt collectors may not: use threats of violence or harm against the person, property, or reputation; publish a list of consumers who refuse to pay their debts (except to a credit bureau); use obscene or profane language; repeatedly use the telephone to annoy someone; telephone people without identifying themselves; advertise your debt.

False statements. Debt collectors may not use any false statements when collecting a debt.

For example, debt collectors may not:

  • falsely imply that they are attorneys or government representatives;
  • falsely imply that you have committed a crime;
  • falsely represent that they operate or work for a credit bureau;
  • misrepresent the amount of your debt;
  • misrepresent the involvement of an attorney in collecting a debt;
  • indicate that papers being sent to you are legal forms when they are not;
  • indicate that papers being sent to you are not legal forms when they are.

Debt collectors also may not state that:

  • you will be arrested if you do not pay your debt;
  • they will seize, garnish, attach, or sell your property or wages, unless the collection
  • agency or creditor intends to do so, and it is legal to do so;
  • actions, such as a lawsuit, will be taken against you, which legally may not be taken, or which they do not intend to take.

Debt collectors may not:

  • give false credit information about you to anyone;
  • send you anything that looks like an official document from a court or government agency when it is not;
  • use a false name.
  • Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:
    • collect any amount greater than your debt, unless allowed by law;
    • deposit a post-dated check prematurely;
    • make you accept collect calls or pay for telegrams;
    • take or threaten to take your property unless this can be done legally;
    • contact you by postcard.

Some of the relevant legal forms include:

  • Notice of Violation of Fair Debt Act - Continued Contact
  • Notice of Violation of Fair Debt Act - Notice to Stop Contact
  • Notice of Violation of Fair Debt Act - Not My Debt
  • Notice of Violation of Fair Debt Act - Failure to Contact Attorney
  • Notice of Violation of Fair Debt Act - Improper Time of Contact
  • Notice of Violation of Fair Debt Act - Unlawful Contact by Postcard
  • Notice of Violation of Fair Debt Act - Ltr. To Federal Trade Commission
  • Notice of Violation of Fair Debt Act - Improper Contact at Work
  • Notice of Violation of Fair Debt Act - Improper Contact at Work
  • Notice of Violation of Fair Debt Act - False Information Disclosed
  • Notice of Violation of Fair Debt Act - Harassment
  • Notice of Violation of Fair Debt Act - Creditor Being Abusive
  • Notice of Violation of Fair Debt Act - Creditor Misrepresented Himself
  • Notice of Violation of Fair Debt Act - Improper Document Appearance
  • Letter to Debt Collector Re: Fair Debt Collection and Practices Act
  • Letter to Foreclosure Attorney - Fair Debt Collection - Failure to Provide Notice
  • Letter to Debt Collector Re: Fair Debt Collection and Practices Act
  • Letter to Foreclosure Attorney - Fair Debt Collection - Failure to Provide Notice

Top Questions about Fair Debt Collection Act

  • What is the 30-day validation period for debt?

    The 30-day validation period refers to the time frame established by the Fair Debt Collection Act during which you can dispute a debt. This period starts from the date you receive a notice from the collector. During these 30 days, you can request verification of the debt, and the collector must pause collection efforts until they provide this information. If you need a clear guide on how to manage this process, checking out US Legal Forms can be beneficial.

  • What are the three things debt collectors need to prove?

    Under the Fair Debt Collection Act, debt collectors must demonstrate that they have the right to collect the debt, which includes showing the original creditor and the amount owed. They must also prove that they are legally allowed to collect the debt by providing proper documentation. Finally, debt collectors must confirm that they followed all regulations outlined in the Act during their collection efforts. Understanding these requirements can empower you to contest any unfair practices.

  • How to file an FDCPA complaint?

    To file a complaint under the Fair Debt Collection Act, you should first gather all relevant information regarding your situation, including any communication you've had with the debt collector. You can submit your complaint to the Consumer Financial Protection Bureau (CFPB) through their online portal, where you can outline your experience. Additionally, consider contacting a local attorney who specializes in consumer law to explore your legal options further. Utilizing platforms like US Legal Forms can assist you in finding the necessary forms and legal guidance.

  • What is the most common violation of the Fair Debt Collections Practices Act?

    One of the most common violations of the Fair Debt Collection Act involves debt collectors contacting consumers at inconvenient times or places. Many consumers report receiving calls late at night or at their workplaces after requesting no contact. Knowing your rights can significantly impact your experience with debt collectors, and platforms like US Legal Forms can help you file complaints if violations occur.

  • What are debt collectors forbidden to do?

    Debt collectors are forbidden from using deceptive tactics to collect debts, such as threatening legal action they cannot take or revealing your debt to third parties without your consent. They also cannot contact friends or family about your debt unless they are acting as your legal representative. The Fair Debt Collection Act provides you with a clear understanding of these restrictions, empowering you against any unethical collection tactics.

  • What are three things debt collectors are prohibited from doing?

    Under the Fair Debt Collection Act, debt collectors cannot harass or abuse you, misrepresent the amount or legal status of your debt, or engage in unfair practices. They are also prohibited from contacting you at inconvenient times or places, such as during late-night hours or at work if you request not to be contacted. Understanding these prohibitions can help you recognize when a collector is acting outside the law.

  • What does the Fair Debt Collection Act do?

    The Fair Debt Collection Act is a federal law designed to protect consumers from unfair debt collection practices. It regulates the behavior of debt collectors, ensuring they follow strict guidelines when contacting individuals about debt. This law empowers you to dispute and verify debts, while also holding collectors accountable for their actions. By understanding your rights under the Fair Debt Collection Act, you can better navigate conversations with debt collectors.

  • How do I file a FDCPA lawsuit?

    To file a FDCPA lawsuit, begin by documenting all interactions with the debt collector that you believe violated the Fair Debt Collection Act. You will need this documentation as evidence when you proceed. Consulting with an attorney who has experience in the Fair Debt Collection Act can greatly enhance your chances of success. Platforms like uslegalforms can offer guidance and resources to help you prepare your case.

  • What is the 7 in 7 rule for debt collectors?

    The 7 in 7 rule refers to a guideline within the Fair Debt Collection Act that limits the number of times a collector can contact you. Specifically, it restricts them from contacting you more than seven times within a seven-day period regarding the same debt. This rule aims to protect consumers from harassment and ensures that communication remains reasonable. If you feel overwhelmed by communication, it's important to know your rights.

  • How do I file a complaint with the Fair Debt Collection Act?

    Filing a complaint under the Fair Debt Collection Act involves contacting the Federal Trade Commission or your state’s attorney general. You will need to provide details regarding the debt collector and the specific actions that violated your rights. This step is crucial for holding collectors accountable and can also help prevent similar incidents in the future. Uslegalforms can assist you in filing your complaint correctly.