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 Posted: Mon Feb 12, 2007 7:49 pm Subject: Fair Debt Collection Practice Act |
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The Fair Debt Collection Practices Act Simplified: A Primer on the Law
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© 2001 by Peter F. Barry, Esq. The Barry Law Office, Ltd.
C:Documents and SettingspfbarryLocal SettingsTemporary Internet FilesOLK3FDCPA Simplified.doc
Section Law Commentary and Interpretation
§ 1692 Congressional findings and declaration of purpose Purpose of the Fair Debt Collections Practices Act
(“fdcpa”).
§ 1692(a) Abusive practices
There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices
by many debt collectors. Abusive debt collection practices contribute to the number of personal
bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.
Collection abuses are rampant and lead to social
instability such as excessive bankruptcy filings.
§ 1692(b) Inadequacy of laws
Existing laws and procedures for redressing these injuries are inadequate to protect consumers.
Current collection laws are inadequate to protect
consumers.
§ 1692(c) Available non-abusive collection methods
Means other than misrepresentation or other abusive debt collection practices are available for the
effective collection of debts.
There are better ways of collecting than
misrepresentation and abuse.
§ 1692(d) Interstate commerce
Abusive debt collection practices are carried on to a substantial extent in interstate commerce and
through means and instrumentalities of such commerce. Even where abusive debt collection
practices are purely intrastate in character, they nevertheless directly affect interstate commerce.
Abusive collection practices affect interstate
commerce and so there is a real need to regulate
them under Federal law.
§ 1692(e) Purposes
It is the purpose of this subchapter to eliminate abusive debt collection practices by debt
collectors, to insure that those debt collectors who refrain from using abusive debt collection
practices are not competitively disadvantaged, and to promote consistent State action to protect
consumers against debt collection abuses.
The FDCPA seeks to eliminate collection abuse
and thus helps good collectors while protecting
consumers.
1692a Definitions
As used in this subchapter--
Definitions of some important terms under the
FDCPA.
§ 1692a (1) The term "Commission" means the Federal Trade Commission. “Commission” under the FDCPA means the
Federal Trade Commission.
§ 1692a (2) The term "communication" means the conveying of information regarding a debt directly or
indirectly to any person through any medium.
“Communication” under the FDCPA means the
communicating with anyone about a debt.
§ 1692a (3) The term "consumer" means any natural person obligated or allegedly obligated to pay any debt. “Consumer” under the FDCPA means any natural
person who allegedly owes a debt.
§ 1692a (4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a
debt is owed, but such term does not include any person to the extent that he receives an
“Creditor” under the FDCPA is defined as anyone
who extends credit or to whom the debt is owed,J:BLO FormsGreat Case Law & StatutesFDCPA - Violations Checklist and Cheat Sheet.doc© 2001 by Peter F. Barry. All Rights Reserved
a - FDCPA Basic Definitions
§ 1692 a(3) Definition of a Consumer as any natural person obligated on or allegedly obligated on a debt
§ 1692 a(5) Definition of a Debt as an obligation for money, goods, insurance, or services for primarily personal, family, or household purposes
§ 1692 a(6) Definition of a Debt Collector as collectors, collection agencies, lawyers, forms writers
b –Contacting Third Parties
§ 1692 b(1) Contact of Third Party: Failed to identify themselves, or failed to state that collector is confirming or correcting location information
§ 1692 b(2) Contact of Third Party: Stated that the consumer owes any debt
§ 1692 b(3) Contact of Third Party: Contacted a person more than once, unless requested to do so
§ 1692 b(4) Contact of Third Party: Utilized postcards
§ 1692 b(5) Contact of Third Party: Any language or symbol on any envelope or communication indicating debt collection business
§ 1692 b(6) Contact of Third Party: After knowing the consumer is represented by an attorney
c –Prohibited Communications Practices
§ 1692 c(a)(1) At any unusual time, unusual place, or unusual time or place known to be inconvenient to the consumer, before 8:00 am or after 9:00 pm
§ 1692 c(a)(2) After it knows the consumer to be represented by an attorney unless attorney consents or is unresponsive
§ 1692 c(a)(3) At place of employment when knows that the employer prohibits such communications
§ 1692 c(b) With anyone except consumer, consumer’s attorney, or credit bureau concerning the debt
§ 1692 c(c) After written notification that consumer refuses to pay debt, or that consumer wants collector to cease communication
d - Harassment or Abuse
§ 1692 d Any conduct the natural consequence of which is to harass, oppress, or abuse any person
§ 1692 d(1) Used or threatened the use of violence or other criminal means to harm the consumer or his/her property?
§ 1692 d(2) Profane language or other abusive language?
§ 1692 d(3) Published a list of consumers who allegedly refuse to pay debts?
§ 1692 d(4) Advertised for sale any debts?
§ 1692 d(5) Caused the phone to ring or engaged any person in telephone conversations repeatedly
§ 1692 d(6) Placed telephone calls without disclosing his/her identity?
e - False or Misleading Representations in Communications
§ 1692 e Any other false, deceptive, or misleading representation or means in connection with the debt collection
§ 1692 e(1) Affiliated with the United States or any state, including the use of any badge, uniform or facsimile
§ 1692 e(2) Character, amount, or legal status of the alleged debt
§ 1692 e(3) Any individual is an attorney or that any communication is from an attorney
§ 1692 e(4) Nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment
§ 1692 e(5) Threaten to take any action that cannot legally be taken or that is not intended to be taken
§ 1692 e(6) Sale or transfer of any interest in the debt will cause the consumer to lose any claim or defense to payment of the debt
§ 1692 e(7) Consumer committed any crime or other conduct in order to disgrace the consumer
§ 1692 e( Threatens or communicates false credit information, including the failure to communicate that a debt is disputed
§ 1692 e(9) Represent documents as authorized, issued or approved by any court, official, or agency of the United States or state.
§ 1692 e(10) Any false representation or deceptive means to collect a debt or obtain information about a consumer
§ 1692 e(11) Communication fail to contain the mini-Miranda warning: "This is an attempt to collect a debt… communication is from a debt collector.”
§ 1692 e(12) Debt has been turned over to innocent purchasers for value
§ 1692 e(13) Documents are legal process when they are not
§ 1692 e(14) Any name other than the true name of the debt collector's business
§ 1692 e(15) Documents are not legal process forms or do not require action by the consumer
§ 1692 e(16) Debt collector operates or is employed by a consumer reporting agency
f - Unfair Practices
§ 1692 f Any unfair or unconscionable means to collect or attempt to collect the alleged debt
§ 1692 f(1) Attempt to collect any amount not authorized by the agreement creating the debt or permitted by law
§ 1692 f(2) Accepted or solicit postdated check by more than 5 days without 3 business days written notice of intent to deposit
§ 1692 f(3) Accepted or solicited postdated check for purpose of threatening criminal prosecution
§ 1692 f(4) Depositing or threatening to deposit a post-dated check prior to actual date on the check
§ 1692 f(5) Caused any charges to be made to the consumer, e.g., collect telephone calls
§ 1692 f(6) Taken or threatened to unlawfully repossess or disable the consumer's property
§ 1692 f(7) Communicated with the consumer by postcard
§ 1692 f( Any language or symbol on the envelope that indicates the communication concerns debt collection
h –Multiple Debts
§ 1692 h Collector must apply payments on multiple debts in order specified by consumer and cannot apply payments to disputed debts
g –30 Day Validation Notice
§ 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication
§ 1692 g(a)(1) Must state Amount of Debt
§ 1692 g(a)(2) Must state Name of Creditor to Whom Debt Owed
§ 1692 g(a)(3) Must state Right to Dispute within 30 Days
§ 1692 g(a)(4) Must state Right to Have Verification/Judgment Mailed to Consumer
§ 1692 g(a)(5) Must state Will Provide Name and Address of original Creditor if Different from Current Creditor
§ 1692 g(b) Collector must cease collection efforts until debt is validated
i –Legal Actions
§ 1692 i(a)(2) Brought any legal action in a location other than where contract signed or where consumer resides
j –Deceptive Forms by Creditor
§ 1692 j Forms been designed, compiled and/or furnished to create the false belief that a person other than creditor is collecting. |
A simplified version of FDCPA
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cajunbulldog
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| Posted: Mon Feb 12, 2007 8:37 pm Subject: |
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But this does not apply to the original creditor, just debt collector or CA, right? What happens if the creditor is not following these rules? Who should I report them to?
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lrhall41
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| Posted: Mon Feb 12, 2007 8:41 pm Subject: |
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Original creditors are exempt.Look at your state laws.Another place to look is fair credit reporting act.This law governs how they report on your credit bureaus.
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cajunbulldog
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| Posted: Mon Feb 12, 2007 8:44 pm Subject: |
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I will do that. Thanks.
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lrhall41
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| Posted: Mon Feb 12, 2007 8:50 pm Subject: debt |
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cajun, Great information. Something that everyone should be aware of their rights. Thanks for all your hard work. KYSIDE38
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KYSIDE38
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| Posted: Mon Feb 12, 2007 8:55 pm Subject: |
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kyside38,
 I have a bunch of this info,still learning rules on size of post,attachments,etc.  I'll get some more once I figure it out!
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cajunbulldog
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| Posted: Tue Feb 13, 2007 1:43 pm Subject: |
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Thanks for the sticky, Mike.
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cajunbulldog
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| Posted: Tue Feb 13, 2007 1:53 pm Subject: |
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You are welcome, cajun 
The technical problem in the website is keeping me very busy for the moment. I am sorry that I didn't post earlier that your topic is included in the special topics of the "Dealing with Collection Agency" forum.
Thanks for your hard work
Regards
Mike
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Mike
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| Posted: Tue Feb 13, 2007 4:18 pm Subject: |
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Thank you cajun & Mike!
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SUEBEEHONEY70
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| Posted: Wed Feb 14, 2007 6:27 am Subject: |
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Thanks for posting this.
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CowampChicken
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| Posted: Thu Apr 05, 2007 8:04 am Subject: |
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This website is part of the FTC
http://www.consumer.gov/sentinel/
It has loads of information relating to consumer scams and ID Theft.
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sswett
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| Posted: Sun Apr 08, 2007 6:14 pm Subject: FDCPA |
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Good job cajun.This should be perminatly posted somewhere on this site so people can refer to it expecially with the Flux of Internet PDL's that think they dont have to abide by it! way to go!
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cajunbulldog
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Moondanzer
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Moondanzer
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| Posted: Sat Apr 14, 2007 6:14 pm Subject: |
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WOW!!! Thank you so much!!! I read the whole thing--it definitely opens your eyes! I wish I had known all this stuff last year!!! I paid over $3000 for ipdls when I only needed to pay $750!!! I am so glad you put this up!!! We have NOTHING to be scared of when it comes to these nasty bloodsuckers!
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