The Fair Debt Collection Practices Act (FDCPA) is a federal law in the United States that provides consumers with certain protections against abusive and deceptive practices by debt collectors. Here are some of the basic consumer protections under the FDCPA:
- Prohibition against harassment or abuse: Debt collectors are prohibited from engaging in practices that harass, oppress, or abuse consumers. This includes threats of violence, use of obscene or profane language, repeated phone calls intended to annoy, and publishing a consumer’s name on a “bad debt” list.
- Limits on communication: Debt collectors cannot contact consumers at inconvenient times or places. They are generally prohibited from contacting consumers before 8 a.m. or after 9 p.m., unless the consumer agrees to it. They also cannot contact consumers at their workplace if they are informed that such calls are not permitted by the employer.
- Right to validation of debt: Consumers have the right to request validation of a debt within 30 days of receiving a collection notice. Upon request, debt collectors must provide information such as the amount of the debt, the name of the original creditor, and verification of the debt.
- Prohibition against false or misleading representations: Debt collectors are not allowed to use false, deceptive, or misleading representations to collect a debt. They cannot misrepresent the amount of the debt, the legal status of the debt, or their own identity or affiliation. They also cannot threaten legal action they do not intend to take or cannot legally take.
- Cease and desist rights: Consumers have the right to request that a debt collector stop contacting them. If a consumer sends a written request to cease communication, the debt collector must stop contacting them, with a few exceptions such as providing notification of legal action.
- Prohibition against unfair practices: The FDCPA prohibits debt collectors from engaging in unfair practices. This includes adding unauthorized charges or fees to the debt, depositing post-dated checks before the specified date, and attempting to collect a debt that is not owed.
It’s important to note that these are just a few examples of basic consumer protections provided by the FDCPA. The law is more comprehensive and provides additional safeguards for consumers, and there are other consumer protection laws that run concurrently and create even more robust protections. If you believe your rights have been violated under the FDCPA, you may want to consult with an attorney or report the violation to the Consumer Financial Protection Bureau (CFPB) or your state attorney general’s office.
South Carolina’s Attorney General is here: https://www.scag.gov/