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)



 
 

15 U.S.C. § 1692a
Definitions
15 U.S.C. § 1692a of the Fair Debt Collection Practices Act defines key terms of the FDCPA that are referenced below and throughout this website. 





 

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. 





 

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.




 

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.




 

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.




 

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.




 

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.  




 

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."  Source:  FTC.gov




 

15 U.S.C. § 1692i
Legal Actions by debt collectors
15 U.S.C. § 1692i of the Fair Debt Collection Practices Act specifies legal debt collection actions that debt collectors may take while collecting debt. 




 

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. 




 

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.   




 

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




 

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



 

15 U.S.C. § 1692n
Relation to State Laws
15 U.S.C. § 1692n of the Fair Debt Collection Practices Act states that "This 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." Source: ftc.gov



 

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  


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.