Fair Debt Collection Practices Act (FDCPA)
15 U.S.C. § 1692 et seq. | Regulation F (12 C.F.R. Part 1006) | Enacted 1977, updated 2021
Overview, What Is the FDCPA?
The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., was enacted in 1977 to eliminate abusive, deceptive, and unfair debt collection practices. It is primarily enforced by the Federal Trade Commission (FTC) and the CFPB.
**Who Is Covered:** The FDCPA applies to "debt collectors," defined as persons who regularly collect or attempt to collect consumer debts owed to another. This includes: • Third-party collection agencies • Attorneys who regularly collect debts • Purchasers of delinquent debt who collect for themselves
**Who Is NOT Covered:** • Original creditors collecting their own debts (in their own name) • Officers and employees of a creditor collecting in the creditor's name • Nonprofit credit counseling services • Process servers serving legal papers
**Types of Debt Covered:** Only consumer debts, personal, family, or household debts, are covered. Business debts and commercial loans are NOT covered by the FDCPA.
**2021 Update, Regulation F:** The CFPB's Regulation F (12 C.F.R. Part 1006), effective November 30, 2021, significantly updated the FDCPA's implementation rules, including bright-line call frequency limits, electronic communication permissions, and model validation notice requirements.