Ethical Collections: The Fair Debt Collection Practices Act and Beyond

Learn how to avoid the traps and get the information you need to be an efficient and ethical collector.

The Fair Debt Collections Practices Act (FDCPA) aims to protect consumers from unfair and intrusive debt collection practices. The FDCPA provides that under certain conditions, attorneys fall under the definition of debt collectors subject to the act. The act imposes a strict set of guidelines on debt collectors and provides for a civil cause of action for consumers allegedly wronged by debt collectors. Given that the FDCPA assesses consumers at an unsophisticated consumer standard but holds debt collectors to a competent lawyer standard, practitioners must know the requirements and restrictions placed upon them by the FDCPA. This topic will shed light on the common elements practitioners must evaluate when determining whether the FDCPA applies and lays out the basic requirements necessary to avoid civil liability.