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Debt collection glossary

What is FDCPA?

The Fair Debt Collection Practices Act, the 1977 federal law that governs how third-party debt collectors may contact and treat consumers.

Definition

The Fair Debt Collection Practices Act (15 U.S.C. § 1692) is the federal statute regulating the conduct of third-party debt collectors collecting consumer debts. It prohibits harassment, false or misleading representations, and unfair practices; requires validation of the debt; restricts when and where collectors may contact consumers; and limits communication with third parties.

The FDCPA applies to collection agencies, debt buyers, and attorneys who regularly collect debts, but not to original creditors collecting their own debts. Regulation F, issued by the CFPB in 2021, interprets and implements the Act with specific rules on call frequency, electronic communication, and validation notices.

Example

A collector who calls a consumer nine times in one week, leaves a voicemail disclosing the debt to a roommate, or threatens a lawsuit it does not intend to file has violated the FDCPA, exposing it to statutory damages of up to $1,000 per action plus actual damages and attorney fees, and class exposure up to $500,000 or 1% of net worth.

How HL Hunt handles it

Every HL Hunt communication passes through a compliance engine that encodes FDCPA and Reg F requirements as hard stops: frequency and time limits, validation periods, third-party disclosure rules, cease requests, and required disclosures. Violations are structurally prevented and every decision is logged.

Frequently asked questions

Does the FDCPA apply to original creditors?

Generally no, but the CFPB applies similar standards to creditors through its UDAAP authority, and many state laws cover first-party collection. HL Hunt applies the appropriate standard to each account.

What are the penalties for FDCPA violations?

Statutory damages up to $1,000 per plaintiff, actual damages, attorney fees, and class damages up to the lesser of $500,000 or 1% of net worth, plus CFPB and state enforcement.

How does Regulation F relate to the FDCPA?

Reg F is the CFPB rule implementing the FDCPA. It added the 7-in-7 call frequency presumption, rules for email and text, and a model validation notice.

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