Fair Debt Collection Practices ActMore often than not a debtor will run into problems with debt collectors. The FDCPA itself states that "there is abundant evidence of the use of abusive, deceptive and unfair debt collection practices by many debt collectors." The FDCPA is divided into sections starting from 801 to 819. It begins with a statement of purpose and definitions. The definitions section states that the FDCPA does not apply to all debt collectors. Some of the exceptions include government, process servers and non-profit credit agencies. The FDCPA seems mostly to apply to those working for the collector. The Fair Debt Collection Practices Act then goes into such issues as locating the debtor, communicating with the debtor, harassment, falsehood, validation, damages and more. When debt collectors communicate with debtors they are required to identify themselves as such. They are not allowed to communicate by post card, at unusual times or places, at work or with third parties. Debt collectors are not allowed to use violence, threats, obscene or profane language. They may not use false or misleading representations to collect a debt. Also, they can't use unfair practices such as collecting unauthorized accounts, cashing or depositing a postdated check too early or seizing or threatening to seize property except through the court. The debt collector is also required to validate the debt within 5 days after communicating with the debt collector. |