What is the FDCPA and Why Should You Care?
Author: Allyson Boudousquie, Director of Business Process Marketing at AspectCollections agencies have been around since the 1920’s, usually bringing in debt that credit issuers were not able to collect for various reasons. The environment then was much different than it is now, however. Most of these agencies had few clients, few employees, and everything was manual. Collectors used index cards to write notes on, and when mail and phone didn’t work, these collectors would become “door knockers”, actually walking to the debtors’ homes to collect on debts.
It wasn’t really until 1977, when the United States Congress cited “abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors”, that regulations were established around debt collections. That’s when the Fair Debt Collections Practices Act (FDCPA) set guidelines on how, when, and where a consumer could be contacted, began to require collectors to identify themselves and the company they worked for, and limited the information that could be given to a person that was not the debtor.
Due to these new rules of collections, businesses had to change the way they viewed their collectors. They needed to refine business processes, including introducing new technology to op
timize the use of their collections agents as well as ensure they comply with the FDCPA because failure to meet regulation requirements could result in big fines. In fact, they still can – the largest fine to date is $2.25 million.
The good news is that today’s technology is better than ever, which means that compliance can be virtually automatic. A variety of capabilities like quality monitoring, list management, and performance management tools, are configured to help organizations meet FDCPA requirements. In particular, some areas that require particular focus include:
- Dialing and tracking based on your customers’ time zones. Your system must be able to differentiate time zones, and base calling on those time zones, in order to both meet FDCPA and individual state requirements.
- Scheduling callbacks to avoid harassing your debtors.
- Reducing work phone calling at the account level or through exclusion process to ensure prohibited numbers are not called.
- Monitoring and tracking to ensure collectors are not using abusive or profane language, revealing specifics of the debt to any third parties, or using language that could be considered threatening.
The goal of technology used in collections call centers is to help mitigate risk and improve collections as much as possible. How else can companies like Aspect help? We’d love to hear your suggestions.

Another example is an online global travel company that saw a big business impact when it began using an
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Author: Bob Kelly, Senior Vice President of The PerformanceEdge Group at Aspect
