Things To Know About The Fair Debt Collection Practices Act
In 1978, the Fair Debt Collection Practices Act was created to eliminate abusive practices done by debt collectors and to protect consumers
. Reading this article will give you more information about some unfair practices you should be aware of.
In case you've found that any one of these violations are committed by a debt collection agency or a creditor collecting debts from you, don't hesitate to contact the Federal Trade Commission by calling their toll free number at 1-877-FTC-HELP (1-877-382-4357) or visit their website at ftc.gov. You should also get in touch with your State Attorney General's office as debt collection laws vary from state to state. Below are the unfair debt collection practices your debt collector might have committed:
Calling at the wrong hour. According to the FDCPA, a debt collector may contact you by phone to advise you of your debts but not before 8 am or after 9 pm. If your creditor attempts to call you during these unprofessional hours, you can report it to the FTC right away.
Continuous attempt to collect debts even after your request to stop. Under the law, you can send a written letter of request to the creditor to stop with its collection attempts. If upon receiving your letter, the debt collection agency still continues to contact you, you can file a complaint to the FTC.
Contacting a third party regarding your debts. Contacting a third party and disclosing any detail about your debts is one thing that a debt collector should never do. However, a debt collect may contact a relative or a friend to ask about your contact information.
Contacting you in your work place. A debt collector should not make any attempts to collect debts from you at your place of employment if you've informed them that this is not acceptable.
Contacting you directly when you are represented by a lawyer. Once a debt collection agency is informed that you are now being represented by a lawyer, he/she must only try to contact your lawyer.
Using threats, obscene or foul languages. A debt collector must never use any type of profane languages when dealing with a borrower no matter how long the debts are past due. If your creditor collects debts in this manner, it is clearly a form of harassment and a violation of your consumer rights.
Publishing your name in a list of people with bad debt. Publishing a list that has all the names of borrowers who have unpaid debts in their accounts is another thing that a debt collection agency is not allowed to do.
Using misleading statements to force you to pay. A debtor or a collection agency should never try to use misleading information to force a borrower to pay. For instance, you should not be informed that a legal action has already been taken when it has not yet taken place. You should not be threatened that your property will be confiscated if this has not yet been ruled out by the court. If your debt collector makes such claims, check its accuracy and if you've found these information to be false, report the debt collection agency right away.
Copyright (c) 2010 Liz Roberts
by: Liz Roberts
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