Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act protects consumers from abusive practices by "third party collectors". Third party collectors are those who are collecting debts for others, like collection agencies or attorneys who specialize in collections.

A collector may contact your friend, neighbor or relative for purposes of locating you. The collector may not discuss the debt with anyone but you for reasons of privacy. For the same reason, a collector cannot communicate with you by postcard.

A collector may not call at an unreasonable time, typically before eight in the morning or after nine at night. The collector may not call you at work if you notify the collector that you may not receive those calls at work. If you are represented by an attorney, the collector must speak directly with the attorney and not you.

Collectors may not use abusive language, threaten to physically harm you or threaten action they do not intend to take. They may not make repetitive phone calls for the purpose of harassing you.

A collector must provide validation of the debt by providing a written notice with the amount of the debt and the name of the creditor. They must also provide the information so that you can dispute the validity of the debt and request the name and address of the original creditor. If you feel that your rights have been violated by a collection agency, contact the Office of the State Attorney General.

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