All you Need to Know About The Fair Debt Collection Practices Act

Written By Melissa Cook
Jan 30, 2023
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The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates the behavior of debt collectors and provides consumers with protection from abusive, deceptive, and unfair debt collection practices. The FDCPA applies to third-party debt collectors, not the original creditors.

Under the FDCPA, debt collectors are prohibited from engaging in certain practices, such as:

  • Harassment or abuse, including the use of threats, obscenities, or repeated phone calls with the intent to annoy or harass the consumer.
  • False or misleading statements, such as claiming to be a government representative or threatening to take action that is not legally allowed.
  • Using deceptive means to collect a debt, such as falsely representing the amount or status of a debt or sending documents that falsely appear to be legal papers.
  • Giving false credit information about a consumer to anyone, including a credit reporting company.


The FDCPA also requires debt collectors to provide certain information to consumers in written form, such as the amount of the debt, the name of the creditor, and a statement that the consumer has the right to dispute the debt.

Debt collectors are also required to honor a consumer’s request to stop further communication. This is known as the “cease and desist” letter. Once a consumer sends this letter, the debt collector may only contact the consumer to confirm that they will stop contacting the consumer or to inform them that the debt collector will be taking a specific action, such as filing a lawsuit.

Consumers also have the right to dispute a debt with the debt collector. If a consumer disputes a debt, the debt collector must provide verification of the debt, such as a copy of the bill or statement. If the debt collector cannot provide verification, they must stop collecting the debt.

Consumers also have the right to sue a debt collector for damages caused by a violation of the FDCPA. This includes actual damages, such as lost wages or medical expenses, as well as statutory damages of up to $1,000. Consumers can also recover attorney’s fees if they win the case.

It’s important to note that the FDCPA does not eliminate a consumer’s legal obligation to pay a debt. It simply regulates how the debt can be collected.

It’s also important to note that the FDCPA does not apply to all types of debt collectors. For example, it does not apply to creditors collecting their own debts or to government agencies collecting debts owed to the government. Additionally, it does not cover debts arising from business transactions or commercial debts.

For more information on how you can live a debt free life, speak with an Americor professional today.


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Americor provides debt solutions to thousands individuals and families all over the country. We’re a next-generation debt relief company with a proprietary platform designed to help clients get out of debt quickly. Together we’ll develop a strategy for you to enjoy a debt free lifestyle. Learn more about how Americor can help relieve the burdens of debt today.

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We provide debt resolution services. Our clients who make all monthly program payments save approximately 40 – 50% of their enrolled debt (average of 43%) upon successful program completion, before program fees. Fees are based on a percentage of your enrolled debt at the time of starting the program and range from 15%-25% of your enrolled debt. Programs range from 20-48 months. Clients must save at least 25% of each debt due to an enrolled creditor before a bona fide settlement offer will be made. On average, clients receive their first settlement within 4-7 months of enrollment and approximately every 3-6 months thereafter from when the prior debt was settled. Not all Clients complete the program. Estimates are based on prior results and may not match your results. We cannot guarantee that your debts will be resolved for a specific amount or percentage or within a specific timeframe. We do not assume your debts, make monthly payments to creditors or provide tax, bankruptcy, accounting, legal advice or credit repair services. Our program is not available in all states; fees may vary by state. Some programs may be offered through The Law Firm of Higbee & Associates d/b/a Advantage Law. The use of debt resolution services will likely adversely affect your credit. You may be subject to collections or lawsuits by creditors or collectors. Your outstanding debt may increase from the accrual of fees and interest. Any amount of debt forgiven by your creditors may be subject to income tax. Clients may withdraw from the program at any time without penalty and receive all funds from their dedicated account, other than funds earned by the company or fees paid to third-party service providers, as may be applicable. Read and understand all program materials prior to enrolling. Certain types of debts are not eligible for enrollment. Some creditors are not eligible for enrollment because they do not negotiate with debt relief companies. To determine the offers you may be eligible for, Americor conducts a “soft credit pull.” This credit pull does not impact your credit score, creditworthiness, or ability to obtain credit from other sources. The soft pull is not a tradeline entry, it does not report against your score and will only take a few minutes.

Americor Funding, LLC (18200 Von Karman Ave, 6th Floor Irvine, CA 92612) is fully accredited by the Better Business Bureau (BBB), the American Fair Credit Council (AFCC), and the International Association of Professional Debt Arbitrators (IAPDA). CA Department of Financial Protection and Innovation (DFPI) License # 603K913.

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