The fair debt collection practices act is a federal law that
outlines what information debt collectors can gather on you. It contains
specific rules on how debt collectors can communicate with you at home and at
work. These bill collector rules are designed to protect you from abuse,
harassment, false and misleading tricks and illegal debt collector tactics. Use
the links to chapters 3 - 13 below to learn about your specific consumer
rights. Chapters 1,2 and 14 - 18 cover administrative matters that do not
affect debtors' rights.
Fair Debt Collection
Practices Act
This is the entire FDCPA and it's rather large so it may
take awhile to download. You may find it easier to view each chapter
individually using the links below.
Collection Terms
and Definitions - Chapter 3
Fair debt collection practices act terms and
definitions. Knowledge is power! Review these terms in order to fully
understand your rights.
3rd Party Contact and Information Gathering Rules - Chapter 4
Fair debt collection practices act includes specific rules for
collectors trying to gather location information about you such as your address
or home and work phone numbers - see what's legal and what's not!
Collection Calls and
Communication Rules - Chapter 5
The act prohibits debt collectors from
communicating with you by phone before 8 a.m. or after 9 p.m. and from calling
you on certain days. The fair debt collection practices act also prohibits
certain calls to third parties.
Harassment
& Abuse Tactics - Chapter 6
The debt practices act prohibits
tactics such as verbal harassment and the use of threats, obscene, profane, or
abusive language and repeated calls designed to scare you into paying.
False &
Misleading Tactics; sixteen examples- Chapter 7
The fair debt act
outlines sixteen false and misleading tactics used by collectors to intimidate
you. It also prohibits threatening arrest, imprisonment and seizure of funds or
property through garnishment or wage attachment and/or the sale of your
personal property.
Unfair
Collection Practices - Chapter 8
The law prohibits the collection of
more than the authorized amount, certain uses of post-dated checks, sending
post-cards, and certain envelopes. Violators can be personally sued in civil
court up to $500,000!
Validating Debts after
Initial Notification - Chapter 9
Debt collectors must, within 5 days
of their initial contact, provide you with specific information and documents
including a description of your right to dispute the debt and how to go about
it.
Debt Payments
Applied to Accounts - Chapter 10
When you owe more than one debt to
the same collector, your payments must be applied to the account you specify,
rather than the account the collector specifies.
Where Debt
Collector have to file lawsuits - Chapter 11
Debt collectors who
intend to take legal action against you, must do so in the judicial district in
which the property is located, where you signed the contract, or where you
reside, depending on the type of debt!
Deceptive
Collection Letters and Forms - Chapter 12
Debt collectors who use
official-looking forms that appear to be from a court, police, state or federal
agency can face substantial penalties in civil court!
Civil Liability for violation of the FDCPA - Chapter 13
Debt collectors who fail to comply with any provision of the law can be
personally sued for damages ranging from $1,000 up to $500,000!
FDCPA - additional
chapters
These are general information chapters that outline the FDCPA
and federal responsibilities.
If you've fallen behind on your bills, especially credit cards,
don't panic. You may have several good options available to you. Your success
starts by assessing your current situation and finding a trusted service
provider that is licensed in your state.
How iDebtAssistance.com
Works: