Debtor Rights and Remedies: Understanding the Fair Debt Collection Practices Act

📜The FDCPA was enacted in 1978 to eliminate abusive debt collection practices and protect both consumers and law-abiding debt collectors.

🔒The FDCPA only applies to debts incurred by consumers for personal, family, or household purposes, not commercial debts.

📝Debt collectors must follow strict guidelines on communication, including limitations on calling times and prohibited harassing behavior.

💰If a debt collector violates the FDCPA, debtors may be entitled to actual damages, additional damages, and reasonable attorney's fees.

⚖️Debt collectors found guilty of intentional violations of the FDCPA may be subject to punitive damages.

What types of debts are covered by the FDCPA?

—The FDCPA applies to debts incurred by consumers for personal, family, or household purposes, including credit card bills, car purchases, household purchases, and some student loans.

Are all debt collectors subject to the FDCPA?

—The FDCPA only applies to debt collectors, defined as entities regularly collecting or attempting to collect debts on behalf of others. It does not apply to original creditors.

What are some prohibited debt collection practices under the FDCPA?

—Prohibited practices include harassing or abusive communication, threats of violence, false or misleading statements, and contacting debtors at inconvenient times or places.

What damages can debtors seek if the FDCPA is violated?

—If a debt collector violates the FDCPA, debtors may be entitled to actual damages, additional damages allowed by the court, and reasonable attorney's fees.

Can debt collectors be punished for intentional violations of the FDCPA?

—Yes, debt collectors found guilty of intentional violations may be subject to punitive damages, in addition to other damages and legal fees.

00:04The Fair Debt Collection Practices Act (FDCPA) was enacted in 1978 to eliminate abusive debt collection practices.

00:32The FDCPA only applies to debts incurred by consumers for personal, family, or household purposes.

02:57Prohibited debt collection practices include harassment, threats of violence, false statements, and contacting debtors at inconvenient times or places.

05:03If a debt collector violates the FDCPA, debtors may be entitled to actual damages, additional damages, and attorney's fees.

08:57Debt collectors found guilty of intentional violations of the FDCPA may be subject to punitive damages.