Fair Debt Collections Practices Act – What You Need to Know

Posted by Golden & Cardona-Loya, LLPMar 15, 20190 Comments

The Fair Debt Collection Practices Act was signed into law on September 20, 1977, by President Jimmy Carter. This law was designed to end deceptive, abusive, behavior from debt collectors, and additionally, unfair debt collection practices.

But what is an unfair debt collection practice? Harassing phone calls that include annoying, abusing, or harassing persons by repeatedly calling them. Dialer phone calls, in which the caller doesn't properly identify themselves. Using obscene or profane language while on the phone with the consumer of which the consumer can hear.

Other forms of unfair debt collection practices are when a debt collector falsely represents the amount of the debt when in communication with the consumer, and additionally if the debt collector continues to call after the consumer tells the debt collector to stop calling. Collecting interest, fees, or charges not authorized in the original agreement is prohibited, additionally, communication charges, such as charges for telephone calls, are not permissible.

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Practices such as the above are prohibited by law and any debt collector that does not comply with provisions listed in the FDCPA is liable for monetary damages.