Fair Debt
Collection Practices Act
FDCPA Laws by Section
The Fair Debt Collection Practices Act (FDCPA) was passed and signed
into law in 1977 by President Carter to amend the Consumer Credit
Protection Act and to help regulate the debt collection industry.
The act is divided into several sections which are listed
individually below. Source:
The Fair
Debt Collection Practices Act (ftc.gov)
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15 U.S.C. § 1692b
Acquisition of Location
Information
15 U.S.C. § 1692b of the Fair Debt Collection Practices
Act specifies methods by which debt collectors may locate
consumer debtors.
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15 U.S.C. § 1692c
Communication in
connection with Debt Collection
15 U.S.C. § 1692c of the Fair Debt Collection
Practices Act specifies methods by which debt collectors
may communicate with debtors. Under this section
of the FDCPA, debt collectors may not communicate with
debtors at unusual times or places, communicate with
debtors at their place of employment (if the debtor's
employer prohibits such communication), and communicate
with a consumer debtor if the debt collector knows the
debtor is represented by an
attorney.
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15 U.S.C. § 1692d
Harassment or Abuse
15 U.S.C. § 1692d of the Fair Debt Collection
Practices Act specifies actions that are considered to
be harassment or Abuse. Such illegal actions
include: Threatening physical harm, the use of
obscene or profane language, publicizing a consumer
debtor's name, advertising the sale of a consumer's
debt, calling a consumer debtor with the intent to
annoy, and failing to disclose the identity of the
caller, except as provided in 15 U.S.C. § 1692b of the
FDCPA.
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15 U.S.C. § 1692e
False or Misleading
Representations
15 U.S.C. § 1692e of the Fair Debt Collection
Practices Act specifies collection activities that are
considered to be misleading, deceptive, or false.
Common violations of this section include:
Threatening to take any action that cannot legally be
taken, falsely representing that a consumer committed a
crime, and that non-payment will result in arrest or
imprisonment.
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15 U.S.C. § 1692f
Unfair
Practice
15 U.S.C. § 1692f of the Fair Debt Collection
Practices Act specifies collection activities
that are considered to be unfair. Unfair
practices are considered to be: Collecting
amounts including interest fees that are not
permitted by law and threatening to take one's
personal property. |

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15 U.S.C. § 1692g
Validation
of Debts
15 U.S.C. § 1692g of the Fair Debt Collection
Practices Act specifies methods and procedures
that debt collectors must follow when a consumer
debtor has requested verification. Under
this section of the FDCPA, debt collectors must,
within five days of the initial communication,
provide consumers with the amount of debt, the
name of the original creditor, and specific
statements that are required on each letter that
a debt collector writes. |

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15 U.S.C. § 1692h
Multiple
Debts
15 U.S.C. § 1692h of the Fair Debt Collection
Practices Act states that
"If any consumer owes multiple debts and makes
any single payment to any debt collector with
respect to such debts, such debt collector may
not apply such payment to any debt which is
disputed by the consumer and, where applicable,
shall apply such payment in accordance with the
consumer's directions
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15 U.S.C. § 1692j
Furnishing
Certain Deceptive Forms
15 U.S.C. § 1692j of the Fair Debt Collection
Practices Act prohibits using forms (collection
letters, notices, envelopes, etc.) that are
considered to be deceptive.
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15 U.S.C. § 1692k
Civil
Liability
15 U.S.C. § 1692k of the Fair Debt Collection
Practices Act specifies the penalties for
violations of the FDCPA. In cases
involving one Plaintiff or one individual,
statutory damages per defendant are $1,000.00.
The FDCPA also allows for attorneys fees.
Please click the section to read more on
remedies allowed under
15 U.S.C. § 1692k of the FDCPA.
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15 U.S.C. § 1692l
Administrative Enforcement
"(a) Compliance with this title
shall be enforced by the Commission, except to
the extend that enforcement of the requirements
imposed under this title is specifically
committed to another agency under subsection
(b). For purpose of the exercise by the
Commission of its functions and powers under the
Federal Trade Commission Act, a violation of
this title shall be deemed an unfair or
deceptive act or practice in violation of that
Act. All of the functions and powers of the
Commission under the Federal Trade Commission
Act are available to the Commission to enforce
compliance by any person with this title,
irrespective of whether that person is engaged
in commerce or meets any other jurisdictional
tests in the Federal Trade Commission Act,
including the power to enforce the provisions of
this title in the same manner as if the
violation had been a violation of a Federal
Trade Commission trade regulation rule."
Source:
FTC.gov
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15 U.S.C. § 1692m
Reports to Congress
by the Commission
15 U.S.C. § 1692m of the Fair Debt Collection
Practices Act states that "Not later than one year after the effective
date of this title and at one-year intervals thereafter,
the Commission shall make reports to the Congress
concerning the administration of its functions under
this title, including such recommendations as the
Commission deems necessary or appropriate. In addition,
each report of the Commission shall include its
assessment of the extent to which compliance with this
title is being achieved and a summary of the enforcement
actions taken by the Commission under section 814 of
this title." Source:
ftc.gov
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15 U.S.C. § 1692n
Relation to
State Laws
15 U.S.C. § 1692nThis title does not annul,
alter, or affect, or exempt any person subject
to the provisions of this title from complying
with the laws of any State with respect to debt
collection practices, except to the extent that
those laws are inconsistent with any provision
of this title, and then only to the extent of
the inconsistency. For purposes of this section,
a State law is not inconsistent with this title
if the protection such law affords any consumer
is greater than the protection provided by this
title."
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15 U.S.C. § 1692o
Exemption
for State Regulation
15 U.S.C. § 1692o of the Fair Debt Collection
Practices Act states that "The Commission shall by regulation exempt
from the requirements of this title any class of
debt collection practices within any State if
the Commission determines that under the law of
that State that class of debt collection
practices is subject to requirements
substantially similar to those imposed by this
title, and that there is adequate provision for
enforcement."
Source:
ftc.gov
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If you want to learn more about the Fair Debt
Collection Practices Act, please go to our
FDCPA page
or to our page on
common FDCPA violations. If you would like to speak to
an attorney in your state, please go to our FDCPA
attorney directory.
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