Introduction to the FDCPA
March 1, 2013
The Fair Debt Collection Practices Act, commonly referred to as the FDCPA, was enacted in 1977. Prior to the creation of the FDCPA, it was not uncommon for debt collectors to show up at a person’s home, knock on the door at all hours of the night or physically threaten consumers, among other things. Due to these practices, a main purpose of the FDCPA is “to eliminate abusive debt collection practices by debt collectors.”
It is important to note that the State of Nevada requires all debt collectors to be licensed with the Nevada Department of Business and Industry. (To verify that a debt collector is licensed, visit fid.state.nv.us). While times have changed and you may not have a debt collector knocking on your door, there are still widespread violations of the FDCPA. Here are 3 of the most common violations of the FDCPA:
1. A debt collector contacting a consumer at work after the consumer told the debt collector they could not be contacted there.
2. The statute of limitations for bringing a deficiency action based on a first or second mortgage in Nevada is six months. If a debt collector contacts a consumer more than 6 months after their short sale or foreclosure occurred, the debt collector has likely violated the FDCPA by attempting to collect a debt when the consumer is no longer legally liable for said debt.
3. A debt collector reports, or threatens to report, false information on a consumer’s credit report.
These are just a few examples of the dozens of laws debt collectors must comply with. If you have experienced any of these situations or feel that a debt collector has violated your rights in another way, we are here to help.