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What Is the Fair Debt Collection Practices Act?

Serving Families Throughout Mobile

The Fair Debt Collection Practices Act (FDCPA) is a law that was enacted in 1978 to protect consumers from abusive, deceptive, and unfair debt collection practices. It sets guidelines for how debt collectors can communicate with and collect debts from consumers.

For example, a debt collector cannot call you before 8 a.m. or after 9 p.m., use threatening or abusive language, or contact you at work if they know your employer doesn't allow it. They also have to provide you with information about the debt and your rights, and they must stop contacting you if you request them to do so in writing.

The Act also prohibits debt collectors from engaging in certain practices, such as:

  1. Using false or misleading statements to collect a debt
  2. Using unfair or unconscionable means to collect a debt
  3. Collecting more than the amount owed, unless allowed by law
  4. Threatening to take legal action that is not actually intended or permitted

If a debt collector violates the FDCPA, you can file a complaint with the Federal Trade Commission (FTC) and may be able to sue the debt collector in court.

In summary, the Fair Debt Collection Practices Act is an important consumer protection law that helps to ensure that debt collectors treat consumers fairly and follow the rules when attempting to collect a debt.

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