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FAIR DEBT COLLECTION
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Not long after Congress studied the effects of fair credit
reporting it turned its focus on a new issue of fair debt collection. The passing
of the Fair debt Collection Practices Act (FDCPA) in 1978 brought a balance to the
standards of Fair credit reporting and addressed four facts about the debt collection
industry.
Congress found abundant evidence of the use of abusive, deceptive, and unfair debt
collection practices by many debt collectors which contributed to the number of
personal bankruptcies, to marital instability, to the loss of jobs, and to invasions
of individual privacy.
Its second finding was that existing laws and procedures for redressing these injuries
are inadequate to protect consumers.
Congress proved that there are debt collection means other than misrepresentation
or other abusive debt collection practices which are available for the effective
collection of a debt.
And finally, Congress found that abusive debt collection practices are carried on
to a substantial extent in interstate commerce and through means and instrumentalities
of such commerce. Even where abusive debt collection practices are purely intrastate
in character, they nevertheless directly affect interstate commerce.
In conclusion to its findings, Congress created the FDCPA with a purpose to eliminate
abusive debt collection practices by debt collectors, to insure that those debt
collectors who refrain from using abusive debt collection practices are not competitively
disadvantaged, and to promote consistent State action to protect consumers against
debt collection abuses.