In these times, for many people, calls from debt collectors are a daily occurrence. While most of these collectors are legitimate and within their rights to pursue a debt, some may go to unfair, extreme, harassing lengths to collect. It was because of these that the Fair Debt Collection Practices Act was introduced in 1978.
The Fair Debt Collection Practices Act, or FDCPA, is a federal law that prohibits unfair debt collection practices such as lying, harassment, and misleading information. It applies to collection agencies, but not to original creditors. In addition to protecting debtors from unfair collection practices, this statute also aids debt collectors. It encourages these agencies to act in a serious and professional manner, and it prohibits them from partaking in certain unethical, harassing debt collection procedures.
The methods and times of communication that a debt collection agency contacts you are limited. They are, by law, allowed to call during certain hours, and can not call before 8:00 AM or after 9:00 PM. Debt collectors are not allowed to call you at your place of employment if you have told them you do not want them to call. Also, any communication with you is prohibited if you have notified them in writing that you want further communication to stop, or you have filed for bankruptcy.
Bill collectors are forbidden from resorting to harassment or abuse. This means that they are not allowed to harass, oppress, or abuse any debtor. They are not allowed to threaten harm to you or your property, and a bill collector is not allowed to use profanity when attempting to collect a debt. Calling you repeatedly or calling you without accurately identifying themselves is also prohibited.
False or misleading information is another violation. Attempting to collect more than the amount owed, or threatening any action that the bill collector does not actually intend to take is illegal under the FDCPA. Bill collectors are also banned from representing themselves as an attorney when they are not. This includes debt collectors threatening to sue, or threatening imprisonment or wage garnishment.
Although contacting a third party regarding your debt is not entirely prohibited, there are some restrictions. Bill collectors are permitted to contact a third party when they do not know your address, phone number, or place of employment. However, if it is necessary to contact a third party, a bill collector must state their identity, and confirm that they are confirming your information. They must never communicate by postcard, let the third party know about your debt, or contact the third party more than once.
If you believe that you have been a victim of debt collection harassment, knowing your rights under the FDCPA can help you put a halt to this obnoxious behavior. You don't have to put up with harassing bill collectors, and you can stop debt harassment by educating and informing yourself.
Author Resource:-
Learn more about the Fair Debt Collection Practices Act - and how the FDCPA protects you from creditor harassment. Visit FairDebtHelpers.com for a free evaluation of your case by an experienced fair debt attorney.
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