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 West Virginia (WV), the Fair Debt Collection Practices Act (FDCPA) is a federal law that applies to the state and aims to curb abusive, deceptive, and unfair debt collection practices. The FDCPA was enacted by Congress in response to widespread abusive practices by debt collectors that were contributing to personal bankruptcies, marital instability, job losses, and invasions of privacy. The law was designed to protect consumers by eliminating such practices, ensuring fair competition among debt collectors, and encouraging consistent state-level consumer protections. While the FDCPA sets the baseline for debt collection practices across the United States, West Virginia may also have its own consumer protection laws that further address debt collection practices. These state laws complement the FDCPA and provide additional safeguards for consumers against abusive debt collection tactics. Consumers in WV who believe their rights under the FDCPA or state laws have been violated may seek recourse through legal channels, and they may benefit from consulting with an attorney who specializes in consumer protection law.