LAWDOG Fair Debt Collection Practices Act

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"Unfair or Unconscionable Means"

Fair Debt Collection Practices Act Section 808 prohibits a debt collector from using "unfair or unconscionable means" in his debt collection activity. It provides eight examples of unfair practices. However, prohibited actions are not limited to the eight subsections listed as examples of activities that violate this provision. See Section 808 of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.

Harassment or Abuse By Debt Collectors

Section 806 prohibits a debt collector from any conduct that would "Harass, oppress, or abuse any person in connection with the collection of a debt." It provides six examples of harassment or abuse. Prohibited actions are not limited to the six subsections listed as examples of activities that violate this provision. See Section 806 of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.

Rules For Legal Actions By Collectors

Section 811 provides that a debt collector may sue a consumer only in the judicial district where the consumer resides or signed the contract sued upon, except that an action to enforce a security interest in real property which secures the obligation must be brought where the property is located. See Section 811 of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.

Furnishing Deceptive Forms

Section 812 prohibits any party from designing and furnishing forms, knowing that they are used to deceive a consumer to believe that someone other than the creditor is collecting the debt, and imposes Fair Debt Collection Practices Act civil liability on suppliers of such forms. See Section 812 of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.

Application of Payments Where Multiple Accounts Exist

Section 810 provides: "If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer's directions." See Section 810 of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.

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A copy of the Fair Debt Collection Practices Act is reproduced for illustration purposes only here. A copy the FTC Official Staff Commentary on the Fair Debt Collection Practices Act is reproduced for illustration purposes only here. Read Sources and Disclaimer. Links do not return to this page. Use browser "back" button to return.

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