Debt Collection Laws

 

FEDERAL FAIR DEBT COLLECTION PRACTICES ACT (FDCPA) - 15 U.S.C. § 1692 et seq

 

 

Federal Debt Collection Protection:  The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors and collection attorneys from using harassment and other unethical practices when collecting debt. The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., is a United States Federal Statute that was added in 1978 to Title VIII of the Consumer Credit Protection Act.  The purposes are to eliminate abusive practices in the collection of consumer debts, promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy.  The FDCPA creates guidelines under which debt collectors may conduct their business, defines consumer rights involved with debt collectors, and prescribes penalties and remedies for violations of the FDCPA.  

 

California Debt Collection:  If you are a consumer living in California, The Rosenthal Fair Debt Collection Practices Act (RFDCPA) prohibits both debt collectors and original creditors from using harassing and other unethical practices when collecting debt.  Other states may also have additional protection against harassing debt collectors.

 

Tracking Debt Collector Communications:  We recommend saving every single letter you receive from a debt collector, including the envelopes (there could be potential violations).  We also suggest you keep track of every single phone phone call or other type of communication received or made.  MinCal has prepared a collector correspondence log for you to use. Please download this log and call us if you have any questions.

Communication Log - Click to Download

Recording Debt Collectors:  If you are wondering what laws may apply if you have want to record a debt collector phone call, then you should check out our "Recording Debt Collectors" section. 

 

Statute of Limitations for Collecting Debts:  Check your state's statute of limitations.  Know your rights and when a debt collector may no longer legally sue you for a debt.  Visit "Statute of Limitations for Debt Collectors." 

 

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