Debtor's Bill of Rights

The Fair Debt Collection Practices Act states that: 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.

The purpose of the Fair Debt Collection Practices Act is to eliminate abusive debt collection practices by debt collectors. Among other things, the Act prohibits the following activities. 15 USCS §§ 1692

  1. Collecting any amount unless such amount is expressly authorized by the agreement creating the debt or permitted by law;
  2. Contacting a debtor in any way to harass, threaten, or annoy;
    1. Washington Collection Law prevents telephoning a debtor more than 3 times in any given week;
  3. The false representation of the character, amount, or legal status of a debt;
  4. Threatening to take any action that cannot legally be taken or that is not intended to be taken;
  5. Using any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer; 
  6. Using unfair or unconscionable means to collect or attempt to collect any debt;
  7. Contacting a third party for purposes other than obtaining location information;
  8. Failing or refusing to include the debtor’s Mini Miranda in initial communications:
    1. “This communication is from a debt collector.  Any information obtained will be used for that purpose.  If you do not notify this office within 30 days that you dispute this debt, we will assume the debt is valid….”

The Fair Debt Collection Practices Act also provides debtors with the right to:

  1. Dispute the debt;
  2. Demand validation/verification of the debt;
  3. Demand that collectors stop telephoning the debtor;
  4. Demand that collectors stop contacting the debtor at work.

Washington State law adds additional protections through the Unfair Business Practices Act, also known as the Consumer Protection Act. (RCW 19.86).  This Act prohibits business practices which are “unfair” or “deceptive” or “unconscionable.”
Washington State also regulates the professional conduct of Collection Agencies under authority of RCW 19.16