5 Rights You Have under the Fair Debt Collection Practices Act (FDCPA)

September 30, 2015

As a consumer, you have some important rights under the FDCPA, our Colorado Springs bankruptcy lawyers explain. Here’s a look at some of these rights.

As a consumer, you have some important rights under the FDCPA, our Colorado Springs bankruptcy lawyers explain. Here’s a look at some of these rights.

The Fair Debt Collection Practices Act1 is a federal law first established in 1977 to protect consumers from abusive debt collection practices. The intent is to prevent debt collectors from harassing borrowers and, instead, to promote fair practices for the collection of debts.

Given that this law is complicated and that it has been updated over the years, many people are likely unaware of their rights under the FDCPA.

To eliminate any confusion and ensure that people know when debt collectors may be compromising their rights, below, we will point out some of the most important rights consumers should be aware they possess under this law.

Under the FDCPA, Consumers Have the Rights to…

  1. Know who a debt collector is – In fact, the debt collector has to identify itself in every communication with a consumer and has to provide the name and contact info for the original creditor upon a consumer’s request (with this info being made available within 30 days of a written request).
  2. Dispute the debt – Consumers have the right to dispute part or all of the debt in question, and they are also allowed to request a verification of the debt.
  3. Not be contacted about the debt during certain hours or at certain locations – The FDCPA specifically prohibits debt collectors from contacting consumers between the hours of 9pm and 8am (in their local time zone). It also allows consumers to request that they not be contacted at their place of employment.
  4. Not be incessantly contacted about the debt – Essentially, this  means that the FDCPA prohibits debt collectors from constantly calling or contacting a consumer in an effort to pressure him or her into repayment. This type of behavior is seen as harassment and is illegal.
  5. Not be threatened or intimidated into paying the debt – In fact, debt collectors are strictly prohibited from lying to consumers about their debt, threatening to publish their names on a “bad debt” list (if they don’t repay ASAP) or even threatening arrest for nonpayment. It’s also illegal under the FDCPA for debt collectors to use harsh, profane or abusive language at any point when contacting consumers about an outstanding debt.

Should debt collectors violate consumers’ rights under the FDCPA, consumers can sue and may be eligible to obtain up to $1,000 (in statutory damages), along with reasonable attorneys’ fees.

Contact a Colorado Springs Bankruptcy Lawyers at the Law Office of Jon B. Clarke, P.C.

If you are struggling with debt and ready for a financial fresh start, it’s time to contact a trusted Colorado Springs bankruptcy lawyers at the Law Office of Jon B. Clarke, P.C.

To find out more about your best debt relief options, as well as how we can help you obtain the financial fresh start you need and deserve, contact us today by calling (303) 779-0600 or by emailing us using the contact form on this page. We also encourage you to complete our Business or Consumer Debtor Analysis Form so that we can provide you with professional advice that is as specific and helpful as possible.

From our offices based in Denver and Greenwood Village, we provide people throughout Colorado with the highest quality debt relief legal services.


1: Full text of the FDCPA

Categories: Debt