FDCPA Section 801 & 802

§ 801. Short Title [15 USC 1601 note]

This title may be cited as the "Fair Debt Collection Practices Act."

This is the initial post written to dissect the Fair Debt Collection Practices Act for ease of comprehension for consumers. Section 801 really has nothing to interpret as it is just the "Short Title".

It says the Fair Debt Collection Practices Act is called The Fair Debt Collection Practices Act. Now that I have wowed you with my mastery of the English language and interpretation of congressional writings, I'll move on to another section.

§ 802. Congressional findings and declarations of purpose [15 USC 1692]

(a) There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.

(b) Existing laws and procedures for redressing these injuries are inadequate to protect consumers.

(c) Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.

(d) Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.

(e) It is the purpose of this title to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.

Section 802 is a declaration of the problems addressed and need for the FDCPA. Subtitle a addresses the adverse effects of not having regulation in collection practices. It states that harassment and abuse from collectors is invading privacy, causing tension in households and causing consumers to lose their jobs.

Subtitle b cites "inadequate" consumer protection suggesting reform to the Consumer Credit Collections Act. It's pretty straight forward and needs no interpretation.

Subtitle c says the abusive acts are not necessary, there is a means to collect the debt without causing the afore mentioned "injuries" to consumers. As many of us will agree, there is no need for collectors to be nasty and aggressive when collecting a debt. The majority of the time, consumers are not running from it because they don't want to pay, just their inability to do so. Financial hardship can come to anyone at anytime. Whether it be an illness to you or your family, a loss of income, the adjustable rate killer that is sweeping the nation with ARM's locking so high home owners have to choose between a credit card or their home, or just getting in too far.

Subtitle d refers to collectors operating outside of the state in which the consumer lives. Interstate commerce, or commerce from two different states falls under a different code of laws than intrastate or same state commerce. The FDCPA transcends the boundary of interstate commerce and encompasses collectors operating in any state to be regulated at the Federal level.

Subtitle e is a statement of purpose for the FDCPA. In short, it's to regulate collectors so as to not advantage those who use abusive practices and to set a guide in which all collectors should maintain a professional non-threatening manner when collecting from consumers.

That's it for now, more sections to come later. These are the easy ones!