Arkansas Debt Collection and Consumer Protection Law

The Arkansas legislature has enacted supplementary state statutes (Ark. Stat. Ann §§ 17-24-101 to 404) to the federal Fair Debt Collection Practices Act of 1977 (15 USCA § 1692 et seq.). The state statutes supplement the FDCPA by prohibiting debt collectors from publishing a "dead-beat list" and contacting the debtor at work (unless the debt collector already unsuccessfully attempted to contact the debtor at home). Like its federal counterpart, the state statutes prohibit debt collectors from using deception and making threats.

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

Links:

• Fair Debt Collection Practices (Arkansas Attorney General)
• Arkansas Code Title 17, Chapter 24, Section 203 (17-24-203) (search)
• Arkansas 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.