The Federal Debt Collection Practices Act is Getting a Face Lift

The Federal Debt Collection Practices Act is Getting a Face Lift

The Federal Debt Collection Practices Act is Getting a Face Lift

This article originally appeared on ABC Legal Services blog

The Fair Debt Collection Practices Act (FDCPA) was signed into law in 1978 to protect consumers from unscrupulous debt collectors’ actions. It was the government’s response when presented with abundant evidence of widespread “abusive, deceptive and unfair” debt collection practices. After being presented with evidence, Congress passed the law that these practices contributed to “personal bankruptcies, marital instability, and loss of employment.”

Many questions about how to interpret the FDCPA have arisen in more than 40 years since its passage, including how to handle new technologies such as email and texting. Pressure from consumers and debt collectors to update and clarify the rules led the Consumer Financial Protection Bureau (CFPB) to finally propose new rules that are likely to take effect in October 2020.

What Is The Federal Debt Collection Practices Act (FDCPA)?

The FDCPA prohibits debt collectors from engaging in unfair, abusive, or deceptive practices when collecting debts for:

It does not cover the collection of business debts or collection efforts by the original creditor. Debt collectors are defined as collection agencies, debt buyers, debt collection companies, and lawyers that represent debtors.

What Rules Does The FDCPA Provide To Protect Consumers?

It’s important to remember that when you refuse contact with a debt collector, they can still start legal action against you and report negative information to credit agencies.

Procedures For Debt Collectors Under The FDCPA

Debt collectors are required to provide you with the following information when they contact you:

It’s important to know if they fail to provide you with the information immediately, they must provide it within five days of the initial contact if you make this request in writing.

What Are The Most Common FDCPA Violations?

Despite the efforts of the CFPB to enforce the law, violations are not uncommon. Contact from people that don’t follow the law can also be a red flag that they are not debt collectors, but scammers. These are the most common violations :

Violations of the FDCPA should be reported to the CFPB website, where a complaint can easily be filed online.

What Are The Proposed Updates?

In May 2019, the CFPB announced its proposed updates to the FDCPA. The intention of the proposed new rules was to clarify the law’s intentions and to make it more compatible with modern technology. These are some of the new rules being proposed:

Complaints From The Debt Collection Industry

When credit card companies, stores, and other parties are unable to persuade consumers to pay what they owe, they often send the account to a debt collector. When the debt collector fails, there are businesses that buy debt for pennies on the dollars, hoping to collect more than they paid. These industries claim that the FDCPA unfairly impedes their business and that the proposed new rules will make things even worse.

For example, when consumers sue for violations of the FDCPA, they can win back their attorneys fees if they prevail, but the debt collectors and debt buyers cannot. Lobbyists for the debt collection agencies claim that the FDCPA is being misused as a “debt evasion” statute and are increasingly willing to take their cases to trial.

Balancing The Interests of Consumers and Debt Collectors

The Consumer Financial Protection Bureau (CFPB) believes that creating a bright-line rule for compliance will benefit both consumers and debt collectors. For debt collectors, the clarifications should reduce litigation and threats of litigation about repeated or improper contacts. It will also be easier for consumers to identify unfair practices and to distinguish legitimate debt collectors from scammers.

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