The D.C. legislature has enacted supplementary laws (D.C. Code Ann. §§ 28-3814 to -3816 and 28-3901 to -3909) to the federal Fair Debt Collection Practices Act of 1977 (15 USCA § 1692 et seq.). D.C.'s statutes supplement the FDCPA by providing consumers with additional protections from unscrupulous actions by debt collectors.

D.C. law is broader than the FDCPA in that it also applies to "creditors" and not just to "collectors." Further, D.C. prohibits various types of unconscionable or unreasonable means to collect debts including, but not limited to, deceptive, defamatory, profane, threatening or harassing communications by the debt collector.

In addition, the D.C. statutes, in specified instances, provide consumers with a private cause of action against debt collectors who violate the state's statutes (giving consumers the right to sue offending debt collectors). Moreover, D.C.'s statutes provide for the award of punitive damages if the debt collector is found to have engaged in repeated willful violations of the state law and for the award of attorneys’ fees to a consumer should that consumer be successful enforcing his or her rights under the statutes.

Click here to participate in the D.C. Forum [1]

For more information on Washington, D.C., debt collection law, click on the links below.

Links:

• Washington DC Code, Title 28, Subtitle II, Chapter 38. Consumer Protection [2]
  (scroll down to page 8 to see "28-3814. Debt Collection")
• Washington, D.C. Attorney General's Office [3]
• Credit Issues and Debt Collection [4] (Washington, D.C. Attorney General's Office)
• District of Columbia Courts [5]

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 [6].