If you’re dealing with debt collectors or credit report errors, you’ve probably seen two acronyms:
- FDCPA
- FCRA
They sound similar — but they regulate different conduct.
Understanding the difference matters if you’re trying to enforce your rights.
The FDCPA (Fair Debt Collection Practices Act)
The FDCPA regulates debt collectors.
It controls how they collect.
The FDCPA Covers:
- Harassment
- Threats
- False statements
- Calling before 8 a.m. or after 9 p.m.
- Contacting third parties improperly
- Failing to send validation notices
- Continuing collection after written dispute (in some situations)
The focus: collection behavior.
If a debt collector lies, harasses, misrepresents, or pressures you unfairly, the FDCPA may apply.
The FCRA (Fair Credit Reporting Act)
The FCRA regulates credit reporting.
It governs:
- Credit bureaus (Experian, Equifax, TransUnion)
- Furnishers (creditors and collectors who report)
- Accuracy of credit reports
- Investigation of disputes
The focus: accuracy and investigation.
If something wrong appears on your credit report, the FCRA is usually the relevant statute.
When They Overlap
Sometimes both laws apply.
Example:
- A debt collector reports a debt.
- You dispute it.
- They fail to mark it as disputed.
- They continue reporting an incorrect balance.
That could raise issues under:
- FDCPA (false representation)
- FCRA (inaccurate reporting and failure to investigate)
Damages Under Each Law
FDCPA:
- Up to $1,000 statutory damages
- Actual damages
- Attorney’s fees
FCRA:
- Actual damages
- Statutory damages (for willful violations)
- Punitive damages (in some cases)
- Attorney’s fees
The FCRA can carry significantly larger exposure in serious cases.
Quick Comparison
| FDCPA | FCRA |
|---|---|
| Regulates collectors | Regulates credit reporting |
| Focuses on conduct | Focuses on accuracy |
| Harassment, threats | Incorrect reporting |
| Validation rights | Investigation rights |
| Statutory damages capped | Potential punitive damages |
Bottom Line
If the issue is how someone is collecting — think FDCPA.
If the issue is what’s on your credit report — think FCRA.
Sometimes it’s both.
