Debt Credit Newsroom

Federal Trade Commission Staff Commentary on the Fair Debt Collection Practices Act

This commentary is the vehicle by which the staff of the Federal Trade Commission publishes its interpretations of the Fair Debt Collection Practices Act (FDCPA). It is a guideline intended to clarify the staff interpretations of the statute, but does not have the force or effect of statutory provisions. It is not a formal trade regulation rule or advisory opinion of the Commission, and thus is not binding on the Commission or the public. The commentary is based primarily on issues discussed in informal staff letters responding to public requests for interpretations and on the Commission's enforcement program, subsequent to the FDCPA's enactment. It is intended to synthesize staff views on important issues and to give clear advice where inconsistencies have been discovered among staff letters.

In some cases, reflection on the issues posed or relevant court decisions have resulted in a different interpretation from that expressed by the staff in those informal letters. Therefore, the commentary supersedes the staff views expressed in such correspondence. In many cases several different sections or subsections of the FDCPA may apply to a given factual situation. This results from the effort by Congress in drafting the FDCPA to be both explicit and comprehensive, in order to limit the opportunities for debt collectors to evade the underlying legislative intention. Although it may be of only technical interest whether a given act violates one, two, or three sections of the FDCPA, the commentary frequently provides cross references to other applicable sections so that it may serve as a more comprehensive guide for its users. The commentary attempts to discuss the more common overlapping references, usually under the heading "Relation to other sections," and deals with issues raised by each factual situation under the section or subsection that the staff deems most directly applicable to it.   The commentary will be revised and updated by the staff as needed, based on the experience of the Commission in responding to public inquiries about, and enforcing, the FDCPA. The Commission welcomes input from interested industry, consumer, and other public parties on the commentary and on issues discussed in it. The staff will continue to respond to requests for informal interpretations. Updates of the commentary will consider and, where appropriate, incorporate issues raised in correspondence and other public contacts, as well as the Commission's enforcement efforts. Therefore, a party who is interested in raising an issue for inclusion in future editions of the commentary does not need to make any formal submission or request to that effect. 

 The commentary should be used in conjunction with the statute. The abbreviated description of each section or subsection in the commentary is designed only as a preamble to discussion of issues pertaining to each section and is not intended as a substitute for the statutory text.The commentary should not be considered as a reflection of all court rulings under the FDCPA. For example, on some issues judicial interpretations of the statute vary depending on the jurisdiction, with the result that the staff's enforcement position can not be in accord with all decided cases