What is Contained in the FDCPA?
The FDCPA is federal law that allows consumers to sue if their rights are violated by unfair debt collection practices. Some key points of the FDCPA include: • Debt collectors must only call during the hours of 8 a.m. and 9 p.m. • Debt collectors may call a debtor at work, but if they are advised that the employer does not approve of such calls, they must stop. • Debtors may send the creditor a cease and desist letter advising them not to call at all. Under the law, the debt collector may call one more time after receiving the letter to let the debtor know what further action they will take. The creditor may file a court judgment against the debtor at this point. In most states, the original creditor may also still call the debtor if a letter has been sent to the third party debt collector. • After a debt collector has contacted a debtor by phone, they must follow up in writing within 5 days with a letter including the name of the creditor, the amount of the debt and instructions for d