The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects debtors against abusive collection tactics by debt collectors. Congress created the FDCPA to prohibit debt collectors from using unfair, deceptive, or abusive practices when collecting consumer debts. The FDCPA generally only applies to third-party debt collectors, not to original creditors. A creditor is defined as the person or entity that granted you the credit in the first place (the original lender).).
The FDCPA applies to any person or business that regularly collects someone else's debts. Employees of debt collection and purchase agencies must comply with the FDCPA. Law firms and attorneys must also comply with the FDCPA if they regularly engage in debt collection activities. In practical terms, most debt collectors are covered by the FDCPA.
However, if a creditor is collecting their own debts and using a different name, the creditor is not exempt from the FDCPA. However, the FDCPA does not apply to all types of debt; some types are exempt from the provisions of the FDCPA. The FDCPA exempts any federal, state, or local government official or employee who collects or attempts to collect debt while performing of their official functions.
