The Fair Debt Collection Practices Act is a federal law that was passed in the 1970s that is designed to protect consumers from abuse, harassment, and dishonest debt collection efforts, as well as to provide consumers with recourse for disputing a debt and obtaining additional information about a debt to ensure that collections actions are appropriate.
Generally speaking, the FDCPA applies only to third-party debt collection agencies, not the collections departments of the companies that consumers may have built debts with. For instance, the bank that issued a credit card may not be directly subject to the FDCPA, but as soon as it sells a delinquent debt to a debt collector, contact with you will fall under the FDCPA’s protections.
FDCPA offers a range of consumer protections, including privacy regulations that prevent your debts from being discussed with third parties, sunshine provisions that allow you to request validation of debts, and a range of limitations on how and when debt collectors can interact with you.
Debt collectors who violate the FDCPA are administratively sanctioned by the Federal Trade Commission, though it is likely that in the future, governance of FDCPA will be handled by the Consumer Financial Protection Bureau. In addition, consumers who have experienced abuse from debt collectors in violation of FDCPA can sue the debt collectors.
If creditors and bill collectors are harassing you, it is possible to make them stop. The attorneys at Zelenitz, Shapiro & D’Agostino can put a quick end to the calls and letters.
Call us today at 718-599-1111 and talk to a credit and bankruptcy lawyer for free.