# Fair Debt Collection Practices Act — Annotated for Oregon Practice The federal **FDCPA** is codified at **15 USC §§ 1692–1692p**. The CFPB's implementing regulation, **Regulation F**, is at **12 CFR pt 1006**. This reference summarizes FDCPA sections most invoked in Oregon debt-defense practice. For the full text, pull from uscode.house.gov; for Reg F, see `reg-f.md`. > **NOT LEGAL ADVICE.** Verify current text. ## Coverage — who is a "debt collector"? The FDCPA applies to **"debt collectors"** — third parties collecting consumer debt on behalf of someone else. Defined at 15 USC § 1692a(6): - Person whose principal business is collecting debts of another - Person who regularly collects debts of another - Includes debt buyers (per *Henson v. Santander*, 582 US 79 (2017) — debt buyer collecting debts it owns is generally NOT a debt collector under the FDCPA's primary definition, BUT may qualify under the "regularly collects" prong if collection is regular business) Excluded: - Original creditors collecting their own debt (with narrow exceptions) - Attorneys collecting incidentally to legal practice - Government agencies - Officers of creditor companies For Oregon defense practice: when the plaintiff is the **original creditor**, FDCPA does not apply directly. Use Oregon UTPA (ORS 646.605) and ORS 697 instead. For the typical **debt-buyer plaintiff**, the FDCPA generally applies if the debt buyer regularly collects through its own employees or affiliates. ## Coverage — what is "consumer debt"? 15 USC § 1692a(5): - Debt - Arising from a transaction in which the money, property, insurance, or services were primarily for **personal, family, or household purposes** Commercial debt is not covered. Credit-card debt for personal use is covered. ## Key sections ### § 1692c — Communications - (a)(1): no communication at unusual times (before 8 AM / after 9 PM local time) - (a)(2): no communication if attorney is known to represent the consumer - (a)(3): no communication at consumer's place of employment if employer prohibits - (b): no communication with third parties (other than consumer's attorney, credit bureau, or creditor) - (c): cease-and-desist — consumer can demand the collector stop contacting them ### § 1692d — Harassment or abuse Generally prohibits any conduct that "natural consequence" is harassment, oppression, or abuse. Specific examples: - Use of violence or threat of violence - Use of obscene language - Publication of debtors list (other than to credit bureau) - Repeated telephone calls ### § 1692e — False or misleading representations The **workhorse provision** for debt-defense counterclaims. Prohibits false, deceptive, or misleading representations. Specific examples: - (2): False representation of the character, amount, or legal status of the debt - (5): Threat to take any action that cannot legally be taken - (8): Communicating known false credit information - (10): Using false representations or deceptive means to collect a debt - (11): Failing to identify communications as from a debt collector In debt-buyer cases, the most-cited subsections: - **§ 1692e(2)(A)**: false representation of the amount owed - **§ 1692e(5)**: threat (suit on time-barred debt; suit without standing) - **§ 1692e(8)**: false credit reporting - **§ 1692e(10)**: deceptive means ### § 1692f — Unfair practices The catch-all for unfair conduct: - (1): collection of any amount not authorized by the contract - (2): demanding payment by post-dated check - (5): communicating with consumer by post card - (6): taking nonjudicial action with no present right Most cited: - **§ 1692f(1)**: collecting amounts not contractually owed (e.g., post-charge-off interest not in contract) ### § 1692g — Validation The **validation-notice** requirement. Within 5 days of the debt collector's initial communication with the consumer, the collector must provide: - The amount of the debt - The name of the creditor to whom the debt is owed - A statement that the consumer has 30 days to dispute the debt - A statement that, if the consumer disputes, the collector will obtain and mail verification of the debt - A statement that the collector will provide the name and address of the original creditor on request The consumer has 30 days to dispute. Until verification is provided, the collector must cease collection efforts. **Regulation F (12 CFR § 1006.34)** updates and expands the validation requirements — see `reg-f.md`. ### § 1692j — Furnishing certain deceptive forms Prohibits collection agencies from furnishing deceptive "flat-rating" letters that imply third-party involvement. ### § 1692k — Civil liability The remedies provision: - (a)(1): Actual damages - (a)(2)(A): $1,000 statutory damages (individual) - (a)(2)(B): Class actions — actual damages + lesser of $500K or 1% of net worth - (a)(3): Reasonable attorney fees and costs The $1,000 cap on individual statutory damages is a real limitation — for high-volume violations, the UTPA's uncapped damages and broader remedies often produce better results. **Statute of limitations** (§ 1692k(d)): - **1 year** from the date of the violation - Discovery rule applies in some circumstances (see *Rotkiske v. Klemm*, 589 US ___ (2019)) ## Affirmative defenses available to debt collectors - Bona fide error (§ 1692k(c)) — must show procedures reasonably adapted to avoid the error - Legal advice of counsel — not a defense unless reliance was reasonable - Consent of consumer ## Sample counterclaim — FDCPA ``` COUNTERCLAIM I — Fair Debt Collection Practices Act (15 USC § 1692 et seq.) 13. Plaintiff/Counter-Defendant [Velocity Investments, LLC] is a "debt collector" within the meaning of 15 USC § 1692a(6). 14. The alleged debt is a "consumer debt" within the meaning of 15 USC § 1692a(5) — namely, an obligation arising from a personal credit-card account. 15. Plaintiff/Counter-Defendant violated the FDCPA in the following ways: (a) By falsely representing the character, amount, and legal status of the alleged debt, in violation of 15 USC § 1692e(2); (b) By threatening to take action that cannot legally be taken — namely, suing on an alleged debt Plaintiff cannot prove it owns — in violation of 15 USC § 1692e(5); (c) By using deceptive means to collect — namely, filing this action without producing valid chain- of-title documentation — in violation of 15 USC § 1692e(10); and (d) By attempting to collect amounts not authorized by the original contract, in violation of 15 USC § 1692f(1). 16. Plaintiff/Counter-Defendant failed to provide a validation notice complying with 15 USC § 1692g. 17. As a direct and proximate result, Plaintiff/Counter- Claimant suffered actual damages including [enumerate] and is entitled to $1,000 in statutory damages under 15 USC § 1692k(a)(2)(A). WHEREFORE, Plaintiff/Counter-Claimant prays for: A. Actual damages in an amount to be proven at trial; B. Statutory damages of $1,000 under 15 USC § 1692k(a)(2)(A); C. Reasonable attorney fees and costs under 15 USC § 1692k(a)(3); D. Such other relief as the Court deems just. ``` ## Pair with UTPA (ORS 646.605) Always plead UTPA alongside FDCPA in Oregon practice: - UTPA covers original creditors (FDCPA does not) - UTPA has no $1,000 cap - UTPA has broader equitable relief - UTPA's fees are also mandatory See `utpa.md` for UTPA-specific counterclaim form. ## Common debt-defense FDCPA patterns | Pattern | Subsections | |---------|-------------| | Time-barred debt suit | 1692e(2), e(5), f(1) | | Inflated balance | 1692e(2)(A), f(1) | | Failure to validate | 1692g (and Reg F § 1006.34) | | Unauthorized fees | 1692f(1) | | False credit reporting | 1692e(8) | | Communication after dispute | 1692c, 1692g | | Failure to identify as debt collector | 1692e(11) | | Communication after attorney representation | 1692c(a)(2) | ## Statute of limitations on the FDCPA claim 15 USC § 1692k(d): 1 year from the violation. The discovery rule may apply, per *Rotkiske v. Klemm*, 589 US ___ (2019) (holding that 1692k(d) is a 1-year statute, with discovery generally inapplicable unless equitable tolling applies). Practical implication: file the FDCPA counterclaim **within 1 year** of the alleged violation. If the violation is the filing of the underlying suit, the counterclaim must come within 1 year of suit filing. For longer-tail conduct (the entire collection campaign), the UTPA's 1-year-from-discovery / 6-year-repose schedule (ORS 646.638(6)) is more favorable than FDCPA. ## Cross-references - `or-consumer-debt` SKILL — main bundle - `references/reg-f.md` — Regulation F implementing - `references/utpa.md` — Oregon state-law parallel - `references/ors-697.md` — Oregon collection-agency act - `references/fees-consumer-debt.md` — fee mechanics - `or-law-references/references/federal-debt-laws/FDCPA.md` (when populated) — verbatim FDCPA text - USCode (canonical): https://uscode.house.gov/