The Washington legislature has enacted supplementary state laws (Wash. Rev. Code Ann. §§19.16.100-.950) to the federal Fair Debt Collection Practices Act of 1977 (15 USCA § 1692 et seq.). The state laws supplement the FDCPA by providing additional protections to Washington consumers.

Washington law prohibits, among other practices listed in the statute, various types of misrepresentation, threatening credit impairment, publishing "dead-beat-debtor" lists, and threatening, or harassing communications by the debt collector. In addition, the state's laws, in specified instances, provide consumers with a private cause of action against debt collectors who violate Washington's debt collection laws (giving consumers the right to sue offending debt collectors).

Click here to participate in the Washington Forum [1]

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

Links:

• Washington Code Title 19, Chapter 16 - Collection Agencies [2]
• Washington State Attorney General's webpage on Collection Agencies [3]
• Washington State Attorney General [4]
• Washington 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].