how the fair debt collection practices act fdcpa works
the fdcpa creates a structure within which debt collectors are allowed to work in an attempt to make debt collection a fair and nonaggressive process the law limits the time of day when collectors may call the type of language they may use and how they represent themselves essentially the law makes it illegal for them to threaten or harass you when they are trying to collect a debt if a debt collector violates the parameters of the law debtors may submit a complaint with the consumer financial protection bureau cfpb or take the debt collector to court the fdcpa does not protect debtors from those who are attempting to collect a personal debt if you owe money to the local hardware store for example and the owner of the store calls you to collect that debt that person is not a debt collector under the terms of the law the fdcpa only applies to third party debt collectors such as those who work for a debt collection agency credit card debt medical bills student loans mortgages and other kinds of household debt are covered by the law example of fair debt collection practices act fdcpa protectionthe fair debt collection practices act specifies that debt collectors cannot contact debtors at inconvenient times that means they should not call before 8 a m or after 9 p m unless the debtor and the collector have made an arrangement for a call outside of the permitted hours if a debtor tells a collector that they want to talk after work at 10 p m for instance the collector is allowed to call then without an invitation or agreement however the debtor cannot legally call at that time debt collectors may also send letters emails or text messages to collect a debt 56debt collectors can attempt to reach debtors at their homes or offices however if a debtor tells a bill collector either verbally or in writing to stop calling their place of employment the fdcpa says a collector must not call that number again debt collectors may now also contact debtors through social media although there are stipulations in place they may only contact debtors in a private manner that is hidden from other friends or connections they must also identify themselves as a debt collector even while requesting to connect with you in every exchange they must offer you a way to opt out of their communications as well 1the cfpb s debt collection rule also limits how many times a debt collector may call they may not call more than seven times in a seven day period however they may message text or email you more frequently within five days of contacting a debtor the debt collector must send a written validation notice that includes 1the fdcpa makes it illegal for debt collectors to use abusive unfair or deceptive practices when they attempt to collect debts 7other fair debt collection practices act fdcpa rulesdebtors can also stop collectors from calling their home phones but they must put the request in a letter and send it to the debt collector it s a good idea to send the letter by certified mail and pay for a return receipt so that you have proof that the debt collector received the request if a collector does not have contact information for a debtor they can call relatives neighbors or associates of the debtor to try to find the debtor s phone number but they cannot reveal any information about the debt including the fact that they are calling from a debt collection agency the collector may only discuss the debt with the debtor or their spouse additionally collectors can only call third parties one time each the law makes it illegal for debt collectors to harass debtors in other ways including threats of bodily harm or arrest they also cannot lie or use profane or obscene language additionally debt collectors cannot threaten to sue a debtor unless they truly intend to take that debtor to court can a debt collector physically come to my place of business a debt collector is not allowed to physically come to your place of employment the fair debt collection practices act fdcpa considers a physical visit to your workplace publicizing your debt they may call you at work but if you tell them to stop they must comply 