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 Ohio, the Fair Debt Collection Practices Act (FDCPA) is a federal law that applies to the collection of consumer debts by third-party debt collectors. The FDCPA aims to eliminate abusive, deceptive, and unfair debt collection practices, and it provides a framework for protecting consumers from such practices. It addresses issues such as the frequency and timing of communications, harassment, misrepresentation, and the provision of certain information regarding the debt. Ohio consumers are also protected under state laws that complement the FDCPA. The Ohio Consumer Sales Practices Act (OCSPA) and other relevant statutes provide additional safeguards against unfair, deceptive, or unconscionable debt collection practices. These state laws work in tandem with the FDCPA to ensure that debt collectors conduct themselves in a manner that is fair and respectful of consumers' rights. Violations of these laws can result in legal consequences for debt collectors, including damages, penalties, and attorney's fees for the consumer.