Fair Debt Collection Practices Act
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Fair Credit Billing Act, Fair
Debt Collection Practice Act
FDCPA Rules
Governing Debt Collectors, Judgments
and Garnishment
Fair Credit Reporting
Act
The Fair Debt Collections Practices
Act
The Fair Debt Collection Practices Act, which is
federal law that protects consumers from harassment
and abusive collection styles.
- The Fair Debt Collection Practices Act applies to
collection efforts that are employed by persons other
than the original creditor “that regularly collect debts
owed to others.” The FDCPA applies to third party collectors
who have purchased accounts or been hired by an “original
creditor” to collect on a debt.
- Original credit institutions are not required to abide
by the provisions set forth by the act.
When a debt collector calls:
- When a collector contacts you, at some point in the
conversation they must advise you that they are calling
from a collection agency.
- They are required to identify the name of the original
creditor and the amount of the balance on the account
that is being collected upon. This is important because
it allows you to determine whether it is a bill on which
you feel you are responsible for paying or on which
you have a dispute. If the collector was not required
to advise you of the balance and original creditor,
you might pay on a bill that you are not legally responsible
for or you might pay more than you are legally required
to.
- The collector must advise you that the purpose of
the call is for collecting a debt and that the information
provided by you will be used for the purpose collecting
a debt.
- The collector is also required to advise that you
reserve the right to dispute the debt within 30 days.
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