Fair Debt Collection Practices Act
• Certain specified remedies ordinarily invoked
may
be pursued or, if appropriate, that a specific
remedy will be pursued
• Mailed notices from the consumer are official
when they
are received by the debt collector
Communicating with Third Parties
The only third parties that a debt collector may
contact when trying to collect a debt
are
• The consumer
• The consumer’s attorney
• A consumer reporting agency (if permitted by
local law)
• The creditor
• The creditor’s attorney
• The debt collector’s attorney
The consumer or a court of competent jurisdiction
may, however, give the debt collector specific
permission to contact other
third parties. In addi-
tion, a debt collector who
is unable to locate a
consumer may ask a
third party for the consumer’s
home
address, telephone number, and place of
employment (location
information). The debt collec-
tor must give his or her name and must state that he
or she is confirming or
correcting information about
the consumer’s location. Unless specifically asked,
the debt collector may not name the collection firm
or agency or
reveal that the consumer owes any
debt.
No third party may be contacted more than once
unless the collector believes that the information
from the first contact was
wrong or incomplete and
that the
third party has since received better
information, or unless the
third party specifically
requests additional contact.
Contact with any third party by postcard, letter, or
telegram is allowed only if the envelope or content
of the communication does not indicate the
nature
of the collector’s business.
Validation of Debts
A debt collector must provide the consumer with
certain basic information. If that information was not
in the initial communication and if the consumer
has not paid the debt five days after the initial
communication, all of the following information
must be sent to the consumer in written form:
• The amount of the debt
• The name of the creditor to whom the debt is
owed
• Notice that the consumer has thirty days to
dispute the debt
before it is assumed to be valid
2 (1/06) • FDCPA Consumer Compliance Handbook
• Notice that upon such written dispute, the debt
collector will send the consumer a verification of
the debt or a copy of any judgment
• If the original creditor is different from the current
creditor, notice that if the consumer makes a
written
request for the name and address of the
original
creditor within the thirty-day period, the
debt collector will provide that information
If, within the thirty-day period, the consumer
disputes in writing any portion of the debt or
requests the name and address of the original
creditor, the collector must stop all collection efforts
until he or she mails the consumer a copy of a
judgment or verification of the debt, or the name
and
address of the original creditor, as applicable.
Prohibited Practices
Harassing or Abusive Practices
A debt collector, in collecting a debt, may not
harass,
oppress, or abuse any person. Specifically,
a debt collector may not
• Use or threaten to use violence or other criminal
means to harm the physical person,
reputation,
or property of any person
• Use obscene, profane, or other language that
abuses the
hearer or reader
• Publish a list of consumers who allegedly refuse
to pay debts, except to a consumer
reporting
agency or to persons meeting the
requirements
of section 603(f) or 604(3) of the
FDCPA
• Advertise a debt for sale to coerce payment
• Annoy, abuse, or harass persons by repeatedly
calling their telephone number or allowing their
telephone to ring continually
• Make telephone calls without properly identifying
himself or herself, except as allowed to obtain
location information
False or Misleading Representations
A debt collector, in collecting a debt, may not use
any false, deceptive, or misleading
representation.
Specifically, a debt collector may not
• Falsely represent or imply that he or she is
vouched
for, bonded by, or affiliated with the
United States or any state, including the use of
any badge, uniform,
or similar identification
• Falsely represent the character, amount, or legal
status of the debt, or of any services
rendered, or
compensation he or she may
receive for collect-
ing the debt
• Falsely represent or imply that he or she is an
attorney or that communications
are from an
attorney