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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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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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