Faqs
F.A.Q.
The FDCPA is a federal law that protects consumers from abusive, deceptive, and unfair debt collection practices. It regulates how debt collectors can interact with consumers and sets strict guidelines on their conduct.
The FDCPA applies to third-party debt collectors, including collection agencies, debt buyers, and attorneys who collect debts on behalf of others. It does not generally apply to original creditors collecting their own debts.
The FDCPA covers personal, family, and household debts, such as credit card debt, medical bills, mortgages, and other consumer debts. It does not cover business debts.
Debt collectors are prohibited from using abusive language, making threats, contacting you at inconvenient times or places, disclosing your debt to third parties, and engaging in deceptive practices, among other restrictions.
A debt collector can contact you at work unless they know or have reason to know that your employer disapproves of such contact. You can request that they not contact you at work, and they must comply.
You can stop a debt collector from contacting you by sending a written request asking them to cease communication. Once they receive your request, they can only contact you to confirm there will be no further contact or to inform you of specific legal actions they plan to take.
The statute of limitations varies by state and the type of debt. It typically ranges from three to six years. Once the statute of limitations has expired, the debt is considered “time-barred,” meaning the collector cannot sue you to collect the debt.
If you pay the debt in full, the collector should mark it as “paid” on your credit report, and the debt should no longer be collectible. If you settle for less than the full amount, the collector may mark it as “settled” or “paid for less than owed,” which can still impact your credit score.
A debt collector can charge interest or fees only if the original contract or state law allows it. They must clearly disclose any additional charges and ensure they are legally permissible.
If a debt collector violates the FDCPA, you can file a complaint with the CFPB, your state attorney general, or the Federal Trade Commission (FTC). You may also have the option to sue the collector in state or federal court for damages.
You can file a complaint with the Consumer Financial Protection Bureau (CFPB) online at their website, by phone, or by mail. You can also file complaints with your state attorney general’s office or the Federal Trade Commission (FTC).
