FDCPA Myth 3: Fair Debt Collection Practices Act is only law governing collections

Fact: The FDCPA is a US federal law. Each state has additional laws that govern fair debt collection practices. Some portions of those laws may have been invalidated by federal law. But, as a general rule, state laws are valid if they provide greater protections (or restrictions, depending on your point of view), and invalid if they allow debt collectors too much leeway. Meanwhile, other countries have their own laws, which may or may not apply if collector or debtor is currently located outside US.

Reality: it is important to keep in mind all relevant state laws. Those state laws may include laws of up to three or even more states: debtor’s current state of residence, business, and/or work; debt collector’s state; and state of any outside collection agency. The multiplicity of laws is just one reason why lawyers are so often brought into collections process, especially when amounts are large.

Debt collections that cross national borders are notoriously complicated, whether it’s a US collector seeking payment from a foreign national or vice versa. That’s just one reason that businesses that have a large customer base in another country will often open a branch office there.

FDCPA Myth 2: if a collector violates fair debt collection practices, debt is thrown out.

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