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LSDefine

Simple English definitions for legal terms

Fair Debt Collection Practices Act

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A quick definition of Fair Debt Collection Practices Act:

The Fair Debt Collection Practices Act (FDCPA) is a law that helps protect people who owe money from being treated unfairly by debt collectors. Debt collectors are not allowed to lie or trick people into paying more than they owe, and they cannot harass or threaten them. The law also gives people the right to ask for proof of the debt and to stop debt collectors from contacting them. If debt collectors break the rules, people can take legal action against them and may be able to get money for damages and legal fees. Some states have even stronger laws to protect people from unfair debt collection practices.

A more thorough explanation:

The Fair Debt Collection Practices Act (FDCPA) is a law that was enacted by Congress in 1978 to protect consumers from abusive, deceptive, and unfair debt collection practices by debt collectors. The FDCPA provides debtors with a means for challenging payoff demands and determining the validity and accuracy of asserted debts. It also establishes ethical guidelines for the collection of consumer debts.

The FDCPA prohibits debt collectors from using any false, deceptive, or misleading representation or means in connection with the collection of any debt. This includes harassing or annoying debtors, threatening them with arrest, and threatening legal action unless litigation is actually being contemplated. Debt collectors are also prohibited from contacting debtors before 8:00 a.m. or after 9:00 p.m., and from contacting debtors on holidays or weekends unless they know or have reason to know that doing so would be inconvenient to the debtor. Debt collectors may not contact a debtor directly if they know the debtor is represented by counsel.

Debt collectors are required to notify debtors about their ability to challenge the validity of a debt and to provide other basic information in their first communication with the consumer. This includes informing the debtor of their right to ask the collection agency to validate the debt.

The FDCPA provides for private rights of action against debt collectors and permits debtors to recover actual damages, statutory damages, and attorneys' fees and costs for violations of its terms. Some states have enacted consumer protection statutes that provide broader coverage than the FDCPA and may include the conduct of the original creditor within their sweep.

An example of a violation of the FDCPA would be a debt collector calling a debtor at 6:00 a.m. and threatening to have them arrested if they do not pay their debt immediately. This is a violation of the FDCPA's prohibition on harassing or annoying debtors and threatening them with arrest.

Fair Credit Reporting Act (FCRA) | Fair Debt Collection Practices Act (FDCPA)

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RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
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