Fair Debt Collection Practices Act (FDCPA, 1977)

1) Link to the Text of the Act
Read the statute (15 U.S.C. § 1692 et seq.)

2) Why It Was Done
The FDCPA was enacted to eliminate abusive, deceptive, and unfair debt collection practices, while ensuring ethical collectors could still recover debts.

3) Pre-existing Law or Constitutional Rights
Before the FDCPA, debt collection was largely unregulated at the federal level, and consumers had few protections against harassment or abuse by collectors.

4) Overreach or Proper Role?
Supporters say it provides essential protections for consumers facing debt. Critics argue it creates compliance burdens and encourages frivolous lawsuits against collectors.

5) Who or What It Controls

• Debt collectors (third-party agencies and collection attorneys)
• Consumers (gain rights to challenge and dispute debts)
• Creditors (not directly covered, but impacted by limits on their agents)

6) Key Sections / Citations

• 15 U.S.C. § 1692c: Restrictions on communications with consumers
• 15 U.S.C. § 1692d: Prohibits harassment and abuse
• 15 U.S.C. § 1692e: Bans false or misleading representations
• 15 U.S.C. § 1692g: Validation of debts requirement

7) Recent Changes or Live Controversies

• CFPB issued updated Regulation F (2021) modernizing communication rules (texts, emails, social media)
• Litigation continues around “zombie debt” collection and time-barred debts
• Ongoing debates over whether to expand FDCPA protections to cover creditors directly

8) Official Sources

• U.S. Code – Title 15, Subchapter V
• Consumer Financial Protection Bureau – Debt Collection
• FTC – Fair Debt Collection Practices Act

• Consumer Protection
• Debt Collection
• Finance
• Creditors
• Privacy