The New Hampshire legislature has enacted supplementary state laws (N.H. Rev. Stat. Ann. §§358-C:1 to C:4) 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 New Hampshire consumers.

New Hampshire law is broader than the FDCPA in that it also applies to "creditors" and not just to "collectors."

New Hampshire prohibits, among other things, various types of misrepresentation, threats of unlawful garnishment, attachment or arrest and threatening, deceptive, unreasonable or unfair communications by the debt collector. In addition, in certain circumstances, New Hampshire law provides consumers with private remedies against debt collectors who violate the state's laws (giving consumers the right to sue offending debt collectors) and, in some circumstances, permits the award of attorneys' fees and costs to the consumer if he or she is successful at trial.

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

Links:

• New Hampshire Statute, Title XXXI, Chapter 358-C: UNFAIR, DECEPTIVE OR UNREASONABLE COLLECTION PRACTICES
• New Hampshire Department of Justice Consumer Sourcebook on "Credit: Debt Collection"
• New Hampshire Attorney General
• New Hampshire 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.