Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA), Pub. L. 95-109; 91 Stat. 874, codified as 15 U.S.C. § 1692 –1692p, approved on September 20, 1977 (and as subsequently amended), is a consumer protection amendment, establishing legal protection from abusive debt collection practices, to the Consumer Credit Protection Act, as Title VIII of that Act. The statute's stated purposes are: to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. The Act creates guidelines under which debt collectors may conduct business, defines rights of consumers involved with debt collectors, and prescribes penalties and remedies for violations of the Act. It is sometimes used in conjunction with the Fair Credit Reporting Act.

Fair Debt Collection Practices Act
Long titleAn act to amend the Consumer Credit Protection Act to prohibit abusive practices by debt collectors.
Acronyms (colloquial)FDCPA
Enacted bythe 95th United States Congress
Citations
Public lawPub. L.Tooltip Public Law (United States) 95–109
Statutes at Large91 Stat. 874
Codification
Titles amendedTitle 15
U.S.C. sections created15 U.S.C. §§ 16921692p
Legislative history
  • Introduced in the House as H.R.5294 by Frank Annunzio (DIL) on March 22, 1977
  • Passed the House on April 4, 1977 
  • Passed the Senate on August 5, 1977  with amendment
  • House agreed to Senate amendment on September 8, 1977 ()
  • Signed into law by President Jimmy Carter on September 20, 1977
United States Supreme Court cases
  • Heintz v. Jenkins, 514 U.S. 291 (1995)
  • Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 559 U.S. 573 (2010)
  • Marx v. General Revenue Corp., 568 U.S. 371 (2013)
  • Sheriff v. Gillie, No. 15-338, 578 U.S. ___ (2016)
  • Midland Funding, LLC v. Johnson, No. 16-348, 581 U.S. ___ (2017)
  • Henson v. Santander Consumer USA Inc., No. 16-349, 582 U.S. ___ (2017)
  • Obduskey v. McCarthy & Holthus LLP, No. 17-1307, 586 U.S. ___ (2019)
  • Rotkiske v. Klemm, No. 18-328, 589 U.S. ___ (2019)
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