Fair debt collection

Fair debt collection broadly refers to regulation of the United States debt collection industry at both the federal and state level. At the Federal level, it is primarily governed by the Fair Debt Collection Practices Act (FDCPA). In addition, many U.S. states also have debt collection laws that regulate the credit and collection industry and give consumer debtors protection from abusive and deceptive practices. Many state laws track the language of the FDCPA, so that they are sometimes referred to as mini-FDCPAs.

State regulation

U.S. state laws on fair debt collection generally fall into two categories: laws which require persons who are collecting debts from consumers to be licensed, registered or bonded in order to collect from consumers in their states, and laws that protect consumers from specific unfair practices by debt collectors, which may include collection agencies and sometimes original creditors. Many state laws--unlike the FDCPA--cover original creditors, thus providing greater protections to consumers than the Federal FDCPA.

Although not all states have such laws, the unfair practices that are prohibited generally track those that are also prohibited under the FDCPA. Some states have a complete prohibition against collecting from its residents unless the collection agency has complied with licensing or bonding, others exempt out-of-state collectors from those requirements. Examples of prohibitions of unfair practices by collectors include contacting employers after having been given notice not to do so, pretending to be a government agency, pretending to be an attorney or falsely threatening with a lawsuit. Many state fair debt collection laws also provide for a private right of action (consumers can sue the debt collector) by consumers against collectors that violate their provisions.

References

The following states have their own fair debt collection laws, which can be found here:

• Ala. Code Sec. 40-12-80
• Alaska Stat. Sec. 08.24.041-08.24.380; Alaska Stat. Sec. 45.50.471-45.50.461
• Ariz. Rev. Stat. Ann. sec. 32-1001 - 1057
• Ark. Stat. Ann. Sec. 17-24-101 -404
• Cal. Civ. Code Sec. 1788-1888.32, 1812.700 - .702
• Colo. Rev. Stat. Sec. 5-1-101 - 5-12-105
• Colo. Rev. Stat. Sec. 12-04-101 -137
• Conn. Gen Stat. Sec. 36a-645 - -647
• Del. Code Ann. tit. 30, Sec. 2301(a)(12)
• D.C. Code Ann. Sec. 22-3401 -3403
• D.C.Code Ann. Sec. 28-3814 -3816
• D.C. Code. Ann. Sec. 28-3901 -3909
• Fla. Stat. Sec. 559.55-.785
• Ga. Code. Ann. Sec. 7-3-1 -29
• Haw. Rev. Stat. Sec. 443B-1 -20
• Haw. rev. Stat. Sec. 480D-1 et seq.
• Idaho Code Sec. 26-222 -2251
• 225 Ill. Comp. Stat. 425/1 to /25
• Ind. Code Ann.Sec. 25-11-1-1 to -13
• Ind. Code. Ann. Code. Sec. 24-4.55-107
• Iowa Code Ann. Sec. 537.7101 -.7103
• Kan. Stat. Ann. Sec. 16a-5-107
• Ky. rev. Stat. ann. Sec. 24A-240 (re: CA in small claims ct)
• La.rev.Stat. Sec. 9:3576.1 -3576.24
• La. rev. Stat. Sec. 9:3557-9:3562
• Me.Rev.Stat.Amm. tit.32, Sec. 11,001 - 11,054
• Me.Rev.Stat.Ann. tit.9-A, Sec. 5-107, -116, -117, -201
• Md.Ann.Code. Bus. Reg. Sec. 7-101 -502
• Mass. Gen Laws Ann ch 93, Sec. 49
• Mich. Comp. Laws ann. sec. 339.901 -.920
• Mich.Comp.Laws Ann. sec. 445.251 -.258
• Minn. Stat. ann. Sec. 331.31 -.50
• Miss. Code Sec. 97-9-1
• Mo. Rev. Stat. Sec. 425.300
• N.H. Rev. Stat. Sec. 358-C:1 - C:4
• N.J. Stat. Ann. Sec. 45:18 -6.1
• N.M. Stat.Ann. Sec. 61-18A-a -33
• N.Y. Gen. Bus. Law Sec. 600-603, Rules of the City of New York Sec. 5-76-5-80
• N.C. Gen.Stat. Sec. 58-70-90 -130
• N.C. Gen. Stat. Sec. 75-50 -56
• N.D. Cent. Code Sec. 13-05-01 -10
• Ohio Rev. Code Ann. Sec. 1319.12
• Okla. Stat. tit. 14A, Sec. 5-107
• Or. Rev. Stat. Sec. 646.639 -.656
• Or.Rev.Stat. Sec, 697.005 -.095
• 18 Pa. Const. Stat. Ann. Sec. 7311
• 73 Pa. Cons. Stat. Sec. 2270.1 -.6
• S.C. Code Sec. 37-5-108
• Tenn. Code. Ann. Sec. 62-20-101 -126
• Tex. Fin. Code Sec. 392.001 -.404, 396.001 -.353
• Utah Code Ann. Sec. 12-1-1 -10
• Utah Code Ann Sec. 70C-7-104 -106
• Vt. Stat. Ann. tit 9, Sec. 2451a -2461
• Va. Code. 18.1-213
• Wash. Rev. Code.Ann. Sec. 19.16.100 -.950
• W.Va. Code. Sec. 47-165-1 -5
• W. Va. Code. Sec. 46A-2-122 -129a
• Wis. Stat. Ann. Sec. 218.04
• Wis. Stat. Ann. 427.101 -.105
• Wyo. Stat. Sec. 33-11-101 -116
• Wyo. Stat. Sec. 40-14-507

See also

• Bank regulation in the United States

v t e Bank regulation in the United States Federal authorities Federal Financial Institutions Examination Council Financial Stability Oversight Council Federal Deposit Insurance Corporation Federal Reserve Board National Credit Union Administration Office of the Comptroller of the Currency Office of Thrift Supervision Consumer Financial Protection Bureau Farm Credit Administration Federal Housing Finance Agency Major federal legislation Category Federal Reserve Act Glass–Steagall Act Federal Credit Union Act Bank Holding Company Act Bank Secrecy Act Truth in Lending Act Fair Credit Reporting Act Home Mortgage Disclosure Act Community Reinvestment Act Electronic Fund Transfer Act Monetary Control Act Depository Institutions Act Truth in Savings Act Gramm–Leach–Bliley Act Fair and Accurate Credit Transactions Act Emergency Economic Stabilization Act Credit CARD Act Federal Reserve Board regulations Extensions of Credit by Federal Reserve Banks (Reg A) Equal Credit Opportunity (Reg B) Home Mortgage Disclosure (Reg C) Reserve Requirements for Depository Institutions (Reg D) Electronic Fund Transfer (Reg E) Limitations on Interbank Liabilities (Reg F) International Banking Operations (Reg K) Consumer Leasing (Reg M) Loans to Insiders (Reg O) Privacy of Consumer Financial Information (Reg P) Prohibition Against the Paying of Interest on Demand Deposits (Reg Q) Credit by Brokers and Dealers (Reg T) Credit by Banks and Persons Other Than Brokers or Dealers for the Purpose of Purchasing or Carrying Margin Stock (Reg U) Transactions Between Member Banks and Their Affiliates (Reg W) Borrowers of Securities Credit (Reg X) Truth in Lending (Reg Z) Unfair or Deceptive Acts or Practices (Reg AA) Community Reinvestment (Reg BB) Availability of Funds and Collection of Checks (Reg CC) Truth in Savings (Reg DD) Types of bank charter Credit union Federal savings bank Federal savings association National bank State authorities California Florida Georgia Illinois Maryland Michigan New Jersey New York North Carolina Ohio Oklahoma Pennsylvania Tennessee Texas Virginia Terms Call report Thrift Financial Report CAMELS ratings CAMEL rating system Other topics Fair debt collection History of central banking in the United States Wildcat banking