Consumer Rights Under the Fair Debt Collection Practices Act (FDCPA)
1. Right to Be Informed
Consumers have the right to be informed about the debt they owe, including the amount and the creditor to whom the debt is owed. Debt collectors must provide this information in writing within five days of their initial contact.
2. Right to Dispute the Debt
Consumers can dispute the validity of a debt within 30 days of receiving the initial notice from the debt collector. The collector must then cease collection efforts until they provide verification of the debt.
3. Right to Cease Communication
Consumers can request, in writing, that a debt collector cease all communication with them. After receiving this request, the debt collector can only contact the consumer to confirm there will be no further contact or to inform them of specific actions being taken.
4. Right to Privacy
Debt collectors must respect the privacy of consumers. They cannot discuss the debt with third parties, such as friends or family, without the consumer’s consent.
5. Right to Fair Treatment
Debt collectors are prohibited from using abusive, deceptive, or unfair practices. This includes harassment, threats of violence, or making false statements about the debt.
6. Right to Avoid Harassment
Debt collectors cannot contact consumers at unreasonable hours, such as before 8 a.m. or after 9 p.m. They also cannot use phone calls or other methods to harass or intimidate consumers.
7. Right to Legal Remedies
Consumers have the right to take legal action if they believe a debt collector has violated the FDCPA. They can file a complaint with the Consumer Financial Protection Bureau (CFPB) or sue the debt collector in court.
8. Right to Written Notice
Before taking legal action, debt collectors must provide a written notice of the debt, including the amount, the creditor's name, and how to dispute the debt.