Alaska Debt Collection and Consumer Protection Law

The Alaska legislature has enacted a supplementary state law (Alaska Stat. §§ 45.50.471-45.50.561) to the federal Fair Debt Collection Practices Act of 1977 (15 USCA § 1692 et seq.). The Alaskan statutes supplement the FDCPA in that they govern the conduct of debt collectors towards debtors [State v. O'Neil Investigations, Inc., 609 P.2d 520 (Alaska 1980)].

Specifically, the Alaskan statutes state that a debt collector engages in an "unfair trade practice" when the debt collector represents to a debtor "that an agreement confers or involves rights, remedies, or obligations which it does not confer or involve, or which are prohibited by law [Alaska Stat. §45.50.471(14) (2005)]." In addition, the Alaskan statutes, in specified instances, provide consumers with a private cause of action against debt collectors who violate the statutes (giving consumers the right to sue offending debt collectors) [Alaska Stat. §45.50.4531 (2005)]. The Alaskan statute also provides for the award of attorneys fees to a consumer should that consumer be successful enforcing their rights under the statutes [Alaska Stat. §45.50.537 (2005)].

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For more information on Alaska debt collection law, click on the links below.

Link:

• Alaska Statute Title 45, Chapter 50, Section 471 (45-50-471: Unlawful Acts and Practices)
• Alaska Attorney General
• Alaska Courts

Federal Law: Fair Debt Collection Practices Act (FDCPA)

The FDCPA is a federal law that provides residents of all states with considerable rights and protections against abusive, unfair and deceptive debt collection practices by debt collectors. Examples of debt collection practices prohibited by the FDCPA include using profane language, lying and calling a debtor at work if the debt collector knows the employer disapproves. The debt collector must also protect the debtor’s privacy by not disclosing the debt to others such as friends, family members or co-workers.

A debt collector, as defined in the FDCPA, is anyone who regularly collects debts on behalf of an original creditor. Original creditors, such as credit card companies and banks, are not considered debt collectors when they attempt to collect debts owed directly to them. Therefore, original creditors are not covered under the FDCPA.

The FDCPA covers only consumer debt, which includes personal, family and household debt, but not business debt or any debt incurred for business purposes. Common types of consumer debt are credit card debt, automobile loans, home loans, utility bills and medical debt.

For more information on the FDCPA, including what debt collectors can and cannot do and what you can do if you believe a debt collector violated your rights under the FDCPA, please visit our FDCPA information page.