When enacting the Fair Debt Collection Practices Act (FDCPA) statute, the U.S. Congress made a number of observations regarding abusive, deceptive, and unfair debt collection practices that it sought to address in this federal law:
• 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.
• Existing laws and procedures for redressing these injuries are inadequate to protect consumers.
• Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.
• 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.
• It is the purpose of the FDCPA to eliminate abusive debt collection practices by debt collectors, to ensure 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.
In addition to the FDCPA—which applies in all 50 states—many states have consumer protection laws that prohibit and penalize abusive, deceptive, and unfair debt collection practices. These laws are usually located in a state’s statutes.
In Nebraska, as in all states, the Fair Debt Collection Practices Act (FDCPA) is a federal law that aims to eliminate abusive, deceptive, and unfair debt collection practices. The FDCPA was enacted by Congress in response to widespread evidence of such practices, which have been linked to personal bankruptcies, marital instability, job loss, and invasions of privacy. The law seeks to protect consumers by providing a legal framework to address such abuses, ensuring that ethical debt collectors are not at a competitive disadvantage, and encouraging consistent state-level consumer protection. Nebraska consumers are also protected under state-specific consumer protection laws that complement the FDCPA. These laws, which can be found in the state's statutes, provide additional safeguards against abusive debt collection practices and may offer remedies that are tailored to the unique legal environment of Nebraska.