The FDCPA (Federal Fair Debt Collection Practices Act) forbids debt collectors from using abusive, harassing, or unfair practices during debt collection.

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The law imposes restrictions on how debt collectors can contact debtors, including limitations on the time of day and frequency of contact. If the FDCPA (Federal Fair Debt Collection Practices Act) is violated, debtors have the right to sue both the debt collection company and the individual debt collector for damages and attorney fees. The Consumer Financial Protection Bureau’s Debt Collection Rule further clarifies the FDCPA’s guidelines regarding communication between debt collectors and debtors.

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Important Points:

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• The Fair Debt Collection Practices Act (FDCPA) outlines the rules governing when, how, and how frequently a third-party debt collector can communicate with a debtor.

• In addition to the debtor, the FDCPA also specifies limits on who the debt collector is permitted to contact.

• If a debt collector violates the FDCPA, the debtor has the right to sue them in state or federal court for damages and legal fees within one year of the violation.​

 

The Long and Short:

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Debtors are obligated to repay borrowed funds, but they also possess rights—such as protection from threats or harassment—if they are unable to pay. Debt collectors must adhere to specific guidelines when attempting to collect owed money. Being aware of your rights enables you to handle these situations more effectively and reduce stress and financial difficulties.

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While EquiResolve does not handle matters involving violators of the FDCPA, you may find out more by visiting the Consumer Financial Protection Bureau online.