The Iowa legislature has enacted supplementary state laws (Iowa Code Ann. §§537.7101-.7103) to the federal Fair Debt Collection Practices Act of 1977 (15 USCA § 1692 et seq.). The state statutes supplement the FDCPA by providing additional protections to Iowa consumers.

Iowa law is broader than the FDCPA in that it also applies to "creditors" and not just to "collectors." Further, Iowa prohibits, among other things, various types of misrepresentation, "dissemination of information of indebtedness," seeking admissions by the debtor regarding the state necessities statute (that the debt was incurred when purchasing a necessity, such as food, shelter, transportation or living expenses), certain types of publications of indebtedness and threatening, coercive or harassing communications by the debt collector (Iowa Code Ann. §§537.7103).

In addition, the Iowa statutes, in specified instances, provide consumers with a private cause of action against debt collectors (giving consumers the right to sue offending debt collectors) who violate the state's statutes. Injunctions (court orders to prevent debt collectors from engaging in certain acts) are also available to Iowa consumers under certain circumstances.

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

Links:

• Iowa State Code 537.7103 Prohibited Practices
• Debt Collection (Iowa Attorney General)
• Iowa 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.