Fair Debt Collection Practices Act (FDCPA)

📌 Link to the Text of the Act

Read the statute (15 U.S.C. § 1692 et seq.)

📌 Why It Was Done

The FDCPA was enacted to eliminate abusive, deceptive, and unfair debt collection practices, while ensuring ethical collectors could still recover debts.

📌 Pre-existing Law or Constitutional Rights

Before the FDCPA, debt collection was largely unregulated at the federal level, and consumers had few protections against harassment or abuse by collectors.

📌 Overreach or Proper Role?

Supporters say it provides essential protections for consumers facing debt. Critics argue it creates compliance burdens and encourages frivolous lawsuits against collectors.

📌 Who or What It Controls

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  Debt collectors (third-party agencies and collection attorneys)
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  Consumers (gain rights to challenge and dispute debts)
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  Creditors (not directly covered, but impacted by limits on their agents)

📌 Key Sections / Citations

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  15 U.S.C. § 1692c: Restrictions on communications with consumers
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  15 U.S.C. § 1692d: Prohibits harassment and abuse
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  15 U.S.C. § 1692e: Bans false or misleading representations
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  15 U.S.C. § 1692g: Validation of debts requirement

📌 Recent Changes or Live Controversies

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  CFPB issued updated Regulation F (2021) modernizing communication rules (texts, emails, social media)
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  Litigation continues around “zombie debt” collection and time-barred debts
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  Ongoing debates over whether to expand FDCPA protections to cover creditors directly

📌 Official Sources

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  U.S. Code – Title 15, Subchapter V
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  Consumer Financial Protection Bureau – Debt Collection
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  FTC – Fair Debt Collection Practices Act