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).