The Fair Debt Collection Practices Act of 1977 (FDCPA) was enacted in an effort to protect consumers from harassment by determined but unscrupulous debt collectors. The resulting regulations shield consumers (those owing debts) from harassment and protect reputable debt collectors from unfair competition. Debt collection in the United States is mostly governed by this act, so debt collection laws do not vary much from state to state. States can make their own laws as long as they are not inconsistent with the FDCPA.
Original Creditors Defined by FDCPA
The first thing a person should do when contacted by a collector is ask, “Are you the original creditor?” According to the FDCPA, an original creditor is not considered a debt collector and is not subject to the outlined restrictions. As long as they do not break any other laws, original creditors can be as unpleasant as they like.
What Are Debt Collectors Permitted to Do?
A consumer might better ask what debt collectors are not permitted to do. These restrictions are spelled out in the FDCPA:
