Fair Debt Collection Practices Act – What You Need To Know

Debt collectors have become more and more aggressive these days. You will be less intimidated by collection calls if you know your rights; what is allowable and what is not. No one likes or needs those unexpected debt collection calls. No matter what your debt troubles are, there are several approaches you can take in that situation. The worst of all is to do nothing. Take action, know your rights, and in so doing, you can help others in the same situation.

Millions of Americans are dealing with this crisis, and it is growing every day. The average American credit card debt is topping 18k. Perhaps you have noticed people paying for groceries and gas and normal staples they would never have thought of putting of their credit cards before? It’s no small wonder so many are falling behind and in trouble with debt. This has incited debt collectors to take extreme measures, many of which are illegal. Complaints against collection debt practices are the highest in history, obviously due to so many American consumers in debt up to their necks. It has been reported and proven in court cases, those debt collectors are becoming more abusive and crossing the line beyond what is legal collection law.

A good idea would be to familiarize yourself with The Fair Debt Collection Practices Act (FDCPA). Congress saw the need for it when it wrote, as part of the law that “[t]here is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. Therefore, it was written that the purpose of the Fair Debt Collection Practices Act is to eliminate abusive debt collection practices by debt collectors and to protect consumers against debt collection abuses.”

The full document is a bit cumbersome, so here are a few of the key points covered by The Fair Debt Collection Act.

Key Points of The Fair Debt Collection Practices Act

· A debt collector can not harass, oppress, or abuse you or any third parties they contact.This would include any threat of violence or harm, use of obscene or profane language; repeatedly make calls with intent to annoy or harass someone, publish any personal information anywhere expect a credit reporting agency.

· A debt collector cannot call before 9 a.m. or after 8 p.m.

· A debt collector cannot contact 3rd parties for any 香港債務舒緩 information except to gather location information.

· A debt collector may not call you at work if you have directed them not to do so.

· A debt collector may not misrepresent themselves. For example, falsely claim they are an attorney, or belong to a government agency; falsely claim you have committed a crime or misrepresent the amount you owe. A debt collector cannot threaten you with arrest for nonpayment. They cannot claim to take legal action against you, or tell you they will seize, garnish, attach or sell your property or wages unless they are permitted by law to take the action and intend to do so.

· Debt collectors are prohibited from using unfair practices when they try to collect a debt. For example, they may not attempt to collect interest, fees or other charges on top of the amount owed unless the contract that created the debt, or your state saw, allows the charge. Debt collectors are also not allowed to take or threaten to take property unless it can be done legally. They cannot deposit a post-dated check early or contact you by postcard.


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