When Does the FDCPA Apply? | What Types of Debt Are Subject to the FDCPA?

Article written by Illinois Attorney Kevin O’Flaherty

In this article we answer the questions, “who is required to follow the Fair Debt Collection Practices Act?” and “what types of debt are subject to the FDCPA?” We answer the following questions: “what is The Fair Debt Collection Practices Act?, “who qualifies as a debt collector under The Fair Debt Collection Practices Act?, “are in-house collectors subject to The Fair Debt Collection Practices Act?, “what types of debts are covered under The Fair Debt Collection Practices Act?”

What is The Fair Debt Collection Practices Act (FDCPA)?

The Fair Debt Collection Practices Act makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when communicating with debtors. Sometimes used in conjunction with the Fair Credit Reporting Act, The Fair Debt Collection Practices Act exists to eliminate abusive practices in the collection of consumer debts, promote fair debt collection, and provide consumers with an avenue for disputing and obtaining validation of debt information. Amended in 2010, the FDCPA restricts the means and methods by which debt collectors can contact debtors, including communication with debt collectors, harassing or abusive practices, truthfulness in communication, unfair practices, and debt validation.

For more on this, check out our article: The Fair Debt Collection Practices Act…