Debt Rights: What is the FDCPA?

What is the FDCPA  and what Debt Rights does it give the consumer?

The Fair Debt Collection Practices Act is a law adopted by the U.S Congress in 1978. The purpose of the act was to eliminate abusive practices in the collection of consumer Debt. Rights consumers gained after the act's passage include penalties and remedies for violations of the law by debt collectors.

Who is covered by the FDCPA?

The FDCPA pertains to debt collectors who are defined as  “any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects, or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed by another. The FDCPA  applies to third-party debt collectors.

Who enforces the FDCPA?

The Federal Trade Commission is the government organization charged with enforcement of the requirements of the FDCPA, including a consumer's debt rights.

What conduct is prohibited by the FDCPA?

These are some of the guidelines debt collectors must follow in order not to violate a consumer's debt rights:

•  Debt collectors can call between 8 a.m. and 9 p.m. without the consumer's prior permission.
•  Debt collectors cannot call a consumer at work if the consumer asks them not to call.
•  Debt collectors cannot discuss a consumer's debt with a third party, such as a neighbor, or friend.
•  Debt collectors cannot use profane or obscene language in attempt to collect a debt.

Consumers who have a question about their Debt Rights or the Fair Debt Collection Practices Act, can get more information at www.consumerhelpunit.org.  NCO Financial Systems, Inc. created the Consumer Help Unit website to assist consumers with question they have regarding their Debt Rights.

We are required under state and federal law to notify consumers of the following rights. This list does not contain a complete list of rights consumers have under state and federal law. Please click this link for important information about your rights. State and Federal Disclosures Link.