The Fair Debt Collection Practices Act (FDCPA) is a federal statute enforced by civil litigants and the Federal Trade Commission (FTC) to protect consumers and ensure fair debt collection practices. This Act provides consumers an avenue for disputing and obtaining validation of debt information in order to ensure the information’s accuracy. The Act also creates guidelines under which debt collectors may conduct business, prohibits many forms of harassment by debt collectors, defines the rights of consumers involved with debt collectors, and prescribes penalties and remedies for violations of the Act. This Act is sometimes used in conjunction with the Fair Credit Reporting Act (FCRA).
While the FDCPA is a federal statute, many states have different laws along the lines of the FDCPA. There are often not many differences in the federal and state Acts, but each state has certain specific rules attached to their statutes. California’s debt collection laws are commonly referred to as Rosenthal Fair Debt Collection Practices Act (RFDCPA).
What is the FDCPA
Under the FDCPA, a debt collector is a third-party collector either employed by a creditor or by a debt collection agency itself. The RFDCPA differs in this regard, as the RFDCPA includes original creditors as debt collectors. Likewise, in the RFDCPA, the collection of property, in addition to the collection of money, is included. And the RFDCPA requires additional notices beyond those required by the FDCPA. The RFDCPA, however, includes in its violations all of the acts that are violations of the FDCPA, with only a few minor exceptions.
What this means is that, if you are getting harassing collection letters or phone calls from anyone, including the original creditor, and you live in California, you should check with an attorney to see if there are any FDCPA or RFDCPA violations. Your attorney can help you to stop the harassment and obtain justice.
Krohn & Moss, Ltd. has qualified RFDCPA attorneys who have helped thousands of customers in dealing with debt collection harassment cases.
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Adam J Krohn / Posted: 2012-09-20 12:00 am
