Using the Fair Debt Collection Practices Act Against Collectors

The Fair Debt Collection Practices Act, 15 U.S.C.1601 is a federal statute, which regulates debt collection practices. The statute seeks to protect consumers and prevent abuse in their interaction with debt collectors. This act covers debt collectors and lawyers who do regularly collect debts (Before 1986, lawyers were excluded). The primary goal of the Fair Debt Collections Practices Act is to protect consumers from abusive, deceptive, and unfair debt collection practices. In the most general terms, the Fair Debt Collections Practices Act prohibits a debt collector from using certain collection methods in its effort to collect a 'debt' from a consumer. Section 1692k of the Act provides for civil liability against a debt collector who intentionally violates the Act; such a collector is absolved if the violation was unintentional and procedures were in place to prevent it.

Many employees of banks, furniture stores and medical facilities are not debt collectors. The law covers debt collection agencies and debt collection attorneys or even original creditors if…. they regularly collect debts in their daily duties "(California statute). - Not all states may support "original creditor exceptions". Remember too that if it is to your benefit, State law can rule over Federal: "a State law is not inconsistent with Federal Fair Debt Collections Practices Act if the protection of such law afforded any consumer is greater than the protection provided by the Federal law". What this means is that Federal always rules if the the State law conflicts but just because the State law may offer more protection, doesn't mean it is a "conflict". If the two laws DO conflict with each other than Federal wins. It's called the Supremacy Clause and it is found in the U.S. Constitution.