American Financial Solutions
Resource Center

Fair Debt Collection Practices Act

The law outlines consumers' rights to dispute overdue bills placed with collection agencies, an original credit using a different name to collect the debt, or a lawyer collecting a debt for a creditor.

The FDCPA stops debt collectors from using unfair, abusive, or deceptive practices to collect overdue bills. Some illegal practices include:

  • Communicating with a third party to discuss the debt
  • Inappropriate communications with the debtor such as contacting a person at work when the person has told them they cannot receive calls there.
  • Harassment or abuse such as threatening bodily harm or using profane language
  • Making false or misleading statements such as threatening criminal action when it is not a possibility

The Act also requires collectors provide people with the following information when they are attempting to collect a debt:

  • Amount of debt
  • Name of original creditor
  • Disclosure stating that you have 30 days to dispute the debt.
  • If you dispute the debt, they will send you verification of its validity.

How Do I Report a Fair Debt Collection Practices Act Violation?

Contact the Federal Trade Commission and your states Attorney General Office. You will need the following to report the violation:

  • Document the date, time and name of the agent you spoke to.
  • Document what occurred during the call or interaction.
  • Provide any proof you have such as papers, mailings or tape recordings (if legal in your area).
Letters & Forms

AFS is working hard to provide our clients with the most comprehensive forms to help you tackle your debt.

Please check back soon for letters and forms that you can use to communicate with creditors and agencies.


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