When enacting the Fair Debt Collection Practices Act (FDCPA) statute, the U.S. Congress made a number of observations regarding abusive, deceptive, and unfair debt collection practices that it sought to address in this federal law:

• There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.

• Existing laws and procedures for redressing these injuries are inadequate to protect consumers.

• Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.

• 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.

• It is the purpose of the FDCPA to eliminate abusive debt collection practices by debt collectors, to ensure 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.

In addition to the FDCPA—which applies in all 50 states—many states have consumer protection laws that prohibit and penalize abusive, deceptive, and unfair debt collection practices. These laws are usually located in a state’s statutes.

In Kentucky, as in all states, the Fair Debt Collection Practices Act (FDCPA) is a federal law that aims to eliminate abusive, deceptive, and unfair debt collection practices. The FDCPA provides a set of guidelines that debt collectors must follow when collecting debts, such as prohibiting harassment, false statements, and unfair practices. It also provides consumers with rights to dispute debts and obtain validation of debt information. Kentucky does not have a specific state statute that mirrors the FDCPA, but the Kentucky Consumer Protection Act (KCPA) offers similar protections against unfair, false, misleading, or deceptive acts or practices in the conduct of any trade or commerce. The KCPA applies broadly to consumer transactions, which can include debt collection activities. Consumers in Kentucky who believe that a debt collector has violated the FDCPA or the KCPA can file a complaint with the Federal Trade Commission (FTC) or the Kentucky Attorney General's Office, respectively. Additionally, they may have the right to bring a private legal action against the debt collector for violations of the FDCPA.