The Fair Debt Collection Practices Act

808. (1.)Unfair practices

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obli- gation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

807. (4.) False or misleading representations

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action

807. (6.) False or misleading representations

(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to— (A) lose any claim or defense to payment of the debt; or (B) become subject to any practice prohibited by this subchapter

debt collector term does not include (e)

(E) any nonprofit organization which, at the request of consumers, performs bona de consumer credit counseling and assists consumers in the liquida- tion of their debts by receiving payments from such consumers and distributing such amounts to creditors

As a public service, the staff of the Federal Trade Commission (FTC) has prepared the following complete text of the Fair Debt Collection Practices Act (FDCPA)

15 U.S.C. §§ 1692-1692p

803. Definitions

15 USC 1692a

805. Communication in connection with debt collection

15 USC 1692c

809. Validation of debts

15 USC 1692g

810. Multiple debts

15 USC 1692h..If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer's directions

811. Legal actions by debt collectors

15 USC 1692i

812. Furnishing certain deceptive forms

15 USC 1692j

809. (d) Legal pleadings

A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a).

806. Harassment or abuse

A debt collector may not engage in any conduct the natu- ral consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section

807. False or misleading representations

A debt collector may not use any false, deceptive, or mis- leading representation or means in connection with the col- lection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section

808. Unfair practices

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limit- ing the general application of the foregoing, the following conduct is a violation of this section

802. (d) Interstate commerce

Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.

804. Acquisition of location information

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location infor- mation about the consumer shall (15 USC 1692b)

811. (a) Venue

Any debt collector who brings any legal action on a debt against any consumer shall

806. (5.) Harassment or abuse

Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number

808. (5.) Unfair practices

Causing charges to be made to any person for com- munications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees

807. (8.) False or misleading representations

Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed

808. (7.) Unfair practices

Communicating with a consumer regarding a debt by post card

802

Congressional findings and declaration of purpose (15 USC 1692)

808. (4.) Unfair practices

Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument

806. (6.) Harassment or abuse

Except as provided in section 1692b of this title, the placement of telephone calls without meaningful dis- closure of the caller's identity

805 (b) Communication with third parties

Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of compe- tent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attor- ney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the at- torney of the debt collector

802. (b) Inadequacy of laws

Existing laws and procedures for redressing these injuries are inadequate to protect consumers.

FDCPA

Fair Debt Collections Practices Act

FTC

Federal Trade Commission

805. (d.) "Consumer" defined

For the purpose of this section, the term "consumer" in- cludes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

805 (c) Ceasing communication

If a consumer noti es a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except—

809. (b) Disputed debts

If the consumer noti es the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains veri cation of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such veri cation or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communi- cations that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has noti ed the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communica- tion during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor

802. (e) Purposes

It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consum- ers against debt collection abuses.

802. (c) Available non-abusive collection methods

Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts. (Create collections method processes)

811. (b) Authorization of actions

Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors

THE FAIR DEBT COLLECTION PRACTICES ACT As amended by

Pub. L. 111-203, title X, 124 Stat. 2092 (2010)

808. (6.) Unfair practices

Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if— (A) there is no present right to possession of the prop- erty claimed as collateral through an enforceable security interest; (B) there is no present intention to take possession of the property; or (C) the property is exempt by law from such disposses- sion or disablement

808. (2.) Unfair practices

The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than ve days unless such person is noti ed in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three busi- ness days prior to such deposit

806. (4.) Harassment or abuse

The advertisement for sale of any debt to coerce pay- ment of the debt.

809. (c) Admission of liability

The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

807. (11.) False or misleading representations

The failure to disclose in the initial written communi- cation with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempt- ing to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action

807. (2.) False or misleading representations

The false representation of— (A) the character, amount, or legal status of any debt; or (B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt

807. (16.) False or misleading representations

The false representation or implication that a debt col- lector operates or is employed by a consumer reporting agency as de ned by section 1681a(f) of this title

807. (12.) False or misleading representations

The false representation or implication that accounts have been turned over to innocent purchasers for value. 9 15 USC 1692f

807. (3.) False or misleading representations

The false representation or implication that any indi- vidual is an attorney or that any communication is from an attorney

807. (13.) False or misleading representations

The false representation or implication that documents are legal process

807. (15.) False or misleading representations

The false representation or implication that documents are not legal process forms or do not require action by the consumer

807. (7.) False or misleading representations

The false representation or implication that the con- sumer committed any crime or other conduct in order to disgrace the consumer

807. (1.) False or misleading representations

The false representation or implication that the debt collector is vouched for, bonded by, or af liated with the United States or any State, including the use of any badge, uniform, or facsimile thereof

806. (3.) Harassment or abuse

The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a(f) or 1681b(3)1 of this title.

809. (e) Notice provisions

The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly re- quired by title 26, title V of Gramm-Leach-Bliley Act [15 U.S.C. 6801 et seq.], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connec- tion with debt collection for purposes of this section.

808. (3.) Unfair practices

The solicitation by a debt collector of any postdated check or other postdated payment instrument for the pur- pose of threatening or instituting criminal prosecution

location information

The term means a consumer's place of abode and his telephone number at such place, or his place of employment

807. (5.) False or misleading representations

The threat to take any action that cannot legally be taken or that is not intended to be taken

807. (14.) False or misleading representations

The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization

807. (10.) False or misleading representations

The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer

806. (2.) Harassment or abuse

The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader

807. (9.) False or misleading representations

The use or distribution of any written communication which simulates or is falsely represented to be a docu- ment authorized, issued, or approved by any court, of cial, or agency of the United States or any State, or which creates a false impression as to its source, autho- rization, or approval

806. (1.) Harassment or abuse

The use or threat of use of violence or other criminal means to harm the physical person, reputation, or prop- erty of any person

802. (a) Abusive practices

There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.

Origin

U.S. Code and West's U.S. Code Annotated

808. (8.) Unfair practices

Using any language or symbol, other than the debt col- lector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt col- lection business

809. (a.) Notice of debt; contents

Within ve days after the initial communication with a con- sumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing

805. (a) Communication with the consumer generally

Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of com- petent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt

809. (a.4) Notice of debt; contents

a statement that if the consumer noti es the debt col- lector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt col- lector will obtain veri cation of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector

809. (a.3) Notice of debt; contents

a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector

809. (a.5) Notice of debt; contents

and a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor

806. (6) Acquisition of location information

and after the debt collector knows the consumer is repre- sented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector

debt collector term does not include (c)

any of cer or employee of the United States or any State to the extent that collecting or attempting to col- lect any debt is in the performance of his of cial duties

debt collector term does not include (a)

any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor

debt collector term does not include (f)

any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity

debt collector term does not include (b)

any person while acting as a debt collector for another person, both of whom are related by com- mon ownership or af liated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or af liated and if the principal business of such person is not the collection of debts

debt collector term does not include (d)

any person while serving or attempting to serve le- gal process on any other person in connection with the judicial enforcement of any debt

805. (a.1 ) Communication with the consumer generally

at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstanc- es to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer's location

debt collector term does not include (f.5)

concerns a debt obtained by such person as a secured party in a commercial credit transac- tion involving the creditor.

debt collector term does not include (f.3)

concerns a debt which was not in default at

debt collector term does not include (f.2)

concerns a debt which was originated by such person

804. (1) Acquisition of location information

identify himself, state that he is con rming or correct- ing location information concerning the consumer, and, only if expressly requested, identify his employer

805. (a.2 ) Communication with the consumer generally

if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowl- edge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer

811. (a.2) Venue

in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity (A) in which such consumer signed the contract sued upon; or (B) in which such consumer resides at the commence- ment of the action.

811. (a.1) Venue

in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or

debt collector term does not include (f.1)

is incidental to a bona de duciary obligation or a bona de escrow arrangement

804. (4) Acquisition of location information

not communicate by post card

804. (3) Acquisition of location information

not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information

804. (2) Acquisition of location information

not state that such consumer owes any debt

804. (5) Acquisition of location information

not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt

805. (a.3) Communication with the consumer generally

or at the consumer's place of employment if the debt col- lector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

State

term means any State, territory, or posses- sion of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdi- vision of any of the foregoing.

consumer

term means any natural person obli- gated or allegedly obligated to pay any debt

debt

term means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

creditor

term means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating col- lection of such debt for another.

debt collector

term means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Not- withstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempt- ing to collect such debts. For the purpose of section 1692f(6) of this title, such term also includes any person who uses any instrumentality of interstate com- merce or the mails in any business the principal purpose of which is the enforcement of security interests

803. Bureau

term means the Bureau of Consumer Financial Protection.

communication

term means the conveying of information regarding a debt directly or indirectly to any person through any medium

809. (a.1) Notice of debt; contents

the amount of the debt

809. (a.2) Notice of debt; contents

the name of the creditor to whom the debt is owed

debt collector term does not include (f.4)

the time it was obtained by such person

805. (c. 1) Ceasing communication

to advise the consumer that the debt collector's further efforts are being terminated

Exceptions 805. (c. 2) Ceasing communication

to notify the consumer that the debt collector or credi- tor may invoke speci ed remedies which are ordinarily invoked by such debt collector or creditor; or

Exceptions 805. (c. 3) Ceasing communication

where applicable, to notify the consumer that the debt collector or creditor intends to invoke a speci ed remedy.