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Fair Debt Collection Practices Act (FDCPA) – Why We Need It

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The whole purpose of the Fair Debt Collection Practices Act (FDCPA) is to stop abusive practices in the debt collection industry.  When Congress first passed the FDCPA law, it clearly expressed its findings on why the law was needed:

“There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors.  Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.”

Because existing laws and procedures were not adequate to protect consumers, and because debt collectors can effectively collect debts without being abusive or harassing, Congress passed the FDCPA in 1968.

It is not an excuse under the FDCPA that the consumer actually owed the debt.  In fact, most of the FDCPA simply deals with the way in which debts may or may not be collected.  Its whole purpose is to eliminate abusive debt collection practices by debt collectors.