What is the Fair Debt Collection Practices Act?

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The Fair Debt Collection Practices Act or FDCPA is also known as Title VIII of the Consumer Credit Protections Act. It is intended to help protect consumers from abusive practices made by creditors that are attempting to collect a debt. The Act regulates how often, and at what times, creditors are allowed to call. It gives consumers a means by which they can verify the accuracy of debts. It also prevents creditors from threatening legal action if the creditor does plan to pursue a legal claim.

How dDoes the FDCPA Protect You?

The FDCPA forbids debt collectors from abusing you and from using unfair or deceptive tactics in order to collect a debt from you. Under the FDCPA, debt collectors typically cannot call before 8am or after 9pm. They must declare that they are debt collectors and disclose that they are attempting to collect a debt. They are not permitted to contact you at work if you have told them you are not able to take personal calls at work. Debt collectors are not allowed to say they work for some government or legal entity if they do not.

How Can an Attorney Help?

If creditors are violating your consumer rights then an attorney may be able to help. They can assist you with drafting a letter to send to the collection agency to instruct them not to contact you again. If you have an FDCPA attorney representing you, the debt collector will be required to contact them instead of you about the debt.