State Laws Regulating Debt Collectors
Most states have statutes regulating debt collection activities. Generally, these state statutes apply to original creditors and not national debt collection agencies and collection attorneys, who are regulated under federal law by the Fair Debt Collection Practices Act or FDCPA. Most state statutes have language and regulations that are very similar to the FDCPA.
If you believe an original creditor has violated your rights while trying to collect a debt from you, look up your state's law to find out what action you can take against that creditor and with whom you should file a complaint. Usually, the Attorney General in each state oversees debt collection agencies and would handle all complaints.
If you believe a collection attorney or debt collection agency, such as one that would work for a major credit card company, has violated your rights, research the FDCPA and file a complaint with the Federal Trade Commission online at www.ftc.gov.
Below are links to each state's legislative website; however, finding the actual laws regulating debt collectors can be difficult to find. When you visit their legislative websites, use search terms such as "collection agency" or the information provided below to find the relevant statute regulating debt collectors. We cannot link directly to a statute because most state's change the links too often, but information about where the statute is located is provided.
Arizona Title 32 Professions and Occupations, Chapter 9, Articles 1-3 California 1788 or Rosenthal Fair Debt Collection Practices Act. Colorado 12-14-101 (ARTICLE 14. Colorado Fair Debt Collection Practices Act) Delaware § 2301. Occupations requiring licenses Florida Title 33, PART VI. CONSUMER COLLECTION PRACTICES Georgia Banking and Finance. Title 07-3, Section 25 Hawaii 443B Collection Agencies Idaho TITLE 26 BANKS AND BANKING, CHAPTER 22 COLLECTION AGENCIES Illinois Illinois Fair Debt Collection Practices Act (225 ILCS 425/) Collection Agency Act Kansas Kansas Fair Debt Collection Statute, Chapter 16a.--Consumer Credit Code Kentucky (No information could be found) Louisiana RS 9:3562 Part X. Collection Practices Maine Title 32: Professions and Occupations; Chapter 109-A: Maine Fair Debt Collection Practices Act Maryland COMMERCIAL TITLE 14. MISCELLANEOUS CONSUMER PROTECTION PROVISIONS
SUBTITLE 2. CONSUMER DEBT COLLECTION
Massachusetts Massachusetts Fair Debt Collection Practices Act Chapter 93: Section 24 Minnesota Minnesota Fair Debt Collection Practices Act 332.31 Missouri (No information could be found) Montana (No information could be found) Nebraska Sections 45-601 to 45-622 Collection Agency Act. Nevada Nevada Revised Statutes (NRS) 649.010 to 649.035 New Jersey New Jersey Fair Debt Collection Practices Act 45:18 New York General Business Law, Sec. 601, Article 29-H. DEBT COLLECTION PROCEDURES North Dakota North Dakota Collector Regulation Statute Chapter 13-05 Collection Agencies Ohio Title XIII § 1319.12 Tennessee Title 62, Chapter 20, Sections 101-127 Collection Services Texas FINANCE CODE: CHAPTER 392. DEBT COLLECTION Vermont Title 9: Commerce and Trade, Chapter 63: Consumer Fraud § 2451 Virginia (No information could be found) Wisconsin Chapter 427. Consumer Transactions Debt Collection Wyoming 33-11-101 through 33-11-116
Links last verified on 04/16/20