FTC PROTECTIONS

Debt Collection Practices

The FTC enforces the FDCPA and monitors debt collection industry practices. Key enforcement priorities include:

• Debt collectors filing lawsuits without proper documentation of indebtedness
• "Robo-signed" affidavits and false court filings
• Collection on debts that are past the statute of limitations
• Collection on debts that have been discharged in bankruptcy
• Harassment, false threats, and unauthorized third-party contacts

The FTC has brought enforcement actions against major debt collectors for these practices, resulting in settlements and bans from the industry.

Credit Reporting Accuracy

The FTC enforces the FCRA alongside the CFPB. Key concerns include:

• Furnishers providing inaccurate information to credit bureaus
• Bureaus failing to investigate disputes properly
• Mixed files (credit reports containing information from multiple consumers)
• Identity theft-related errors and failures to block fraudulent information

The FTC conducts regular studies of credit report accuracy and publishes findings on errors affecting consumers.

Proof of Indebtedness

A critical FTC enforcement area: debt collectors must be able to prove you owe the debt they're collecting. The FTC has found that:

• Many collection lawsuits are filed with minimal or no documentation
• Affidavits are often "robo-signed" — signed in bulk without review
• Debt buyers frequently lack the original account agreements
• Chain of custody for debt is often incomplete or missing

What this means for you: When you request debt validation, you're exercising a right the FTC has identified as critical. Many collectors genuinely cannot produce the documentation required.

Strategic response: In court, you can demand proof of standing — the collector must show they have the legal right to collect this specific debt from you. Many debt buyers purchased debts in bulk and have incomplete documentation.

Unfair and Deceptive Practices

Under Section 5 of the FTC Act, the FTC prohibits "unfair or deceptive acts or practices in or affecting commerce." This applies broadly to:

• Credit repair companies that charge upfront fees (illegal under the FTC's Credit Repair Organizations Rule)
• Companies that falsely promise to remove accurate negative information
• Debt collectors who misrepresent the amount, legal status, or consequences of a debt
• Lenders who fail to disclose terms or engage in predatory lending

If a credit repair company charges you upfront, they are violating federal law. The FTC's Credit Repair Organizations Rule (CROA) prohibits charging fees before services are fully performed.