establishes ethical guidelines for the collection of consumer debts. § 1692, in 1978, Congress enacted the Fair Debt Collection Practices Act (FDCPA), codified in 15 U.S. Code Subchapter V.

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

Debt collectors can call you, send letters, or text or email you to collect a debt. The (3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. (11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. The Fair Debt Collection Practices Act, or FDCPA, is enforced by the Federal Trade Commission and the Consumer Financial Protection Bureau and applies to most kinds of personal debts such as credit card debt, home mortgages and medical bills.

However, some states, such as California, have enacted consumer protection statutes that provide broader coverage than the FDCPA, and they may include the conduct of the original creditor within their sweep. (10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. Auto loans, home loans, medical bills, and credit card accounts are all considered personal debts.The FDCPA applies when these debts are being collected by a third-party debt collector, as opposed to the original creditor. (A) the character, amount, or legal status of any debt; or(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. The law was amended in the year 2010. 95-382 (Comm. Report FDCPA violations to the Consumer Financial Protection Bureau via the If you have questions about the Fair Debt Collection Practices Act, or your rights under the Act, write: Correspondence Branch, Federal Trade Commission, Washington, D.C. 20580. (6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --(A) lose any claim or defense to payment of the debt; or(B) become subject to any practice prohibited by this subchapter. ), which became effective in March 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices. Additionally, in their first communication with the consumer, debt collectors are required “to notify debtors about their ability to challenge the validity of a debt and to provide other basic information..” Preliminarily, the FDCPA generally applies only to third party debt collectors; the statutory scheme was not intended to cover the conduct of the original creditor. This even happened to consumers who did not owe the debt in the first place.

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