Collecting Debts – An Overview of the Laws Governing Debt Collection
The creditor and its collecting agents are being governed by debt collection laws. The main debt collection law that they must comply with is the Fair Debt Collection Practices Act or the FDCPA which was enacted by congress in 1977. This law aims to protect the welfare of the debtors against the creditors.
The FDCPA’s purposes are as follows:
1. Prevent and eliminate abusive, unfair and deceptive debt collection practices
Debtors should be aware that credit collectors should not call them to collect debts at inappropriate hours of the day. Credit collectors are also not allowed to talk to them using inappropriate languages.
2. Ensure that debt collectors who practice abusive debt collection methods do not have a competitive advantage
Debt collection firms who are not abusive to debtors tend to collect less debt than debt collection firms who use abusive practices to collect debt from debtors. The abusive debt collection firms threaten the debtors so they are forced to pay their debts. Because of this, creditors are more likely to hire debt collection firms who use abusive methods to ascertain that the debts are paid. This makes debt collection firms who use abusive practices at a competitive advantage due to their better track record in collecting debts than collection firms who are not abusing debtors. This law ensures that collection firms who abuse debtors are not at a competitive advantage to collection firms who treat debtors nicely.
3. Encourage States to pass laws to protect debtors against collection abuse
This law encourages other States to pass laws that re-enforce FDCPA and further protect the debtors from unjust debt collection. New York City spearheaded this by passing more stringent laws for the benefit of the debtors and protects them from debt collection abuse.
FDCPA is applicable to the following:
The FDCPA is applicable to third party collecting agents only. If you are only collecting a debt in behalf of a friend or a relative and you are not collecting debts regularly, you are already considered as a third party collecting agent so it would be safe for you to follow and comply with the rules under FDCPA.
Unfortunately, the FDCPA does not cover first party creditors or lenders who are collecting debts that are owed to them. But if the first party creditor or lender harasses the debtor, the creditor or lender could be charged with a criminal case as stated under the State Penal Law. Harassment of debtors includes physical violence or threatening the debtor that the creditor would file a criminal case against the debtor.
It is also stipulated in the FDCPA that a creditor can not threaten the debtor that he would report the debtor to the authorities if the creditor found out that the debtor committed fraud or any criminal act so as to obtain a loan or have the loan approved. The creditor cannot actually report the debtor to the authorities if the creditor discovered that the debtor had committed such an act.

First party creditors or lenders who are doing debt recovery and collecting their own debt but assumes another name or pretend to be a debt collector should also follow or comply with the FDCPA because in doing so, they are acting as third party debt collectors.
Being in debt is already an embarrassing situation to be in. to make matters worse, some debt collection firms are hounding you, harassing you and pressuring you to pay for your debts. This could be a source of stress, lack of sleep and even loss of self-esteem because you could be tremendously humiliated with the credit collector’s use of improper and profane languages. It is psychologically and emotionally straining and it could affect the debtor’s attitude at work and his social life. The debtor could be very depressed and humiliated that he could no longer function properly and do his daily duties.
It is a good thing that the congress passed a law to protect the debtors from unjust and abusive debt collection practices. This way, the debtor can focus on finding ways to pay for their debts without having to worry about abusive debt collectors and debt collecting agents.
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