The Fair Debt Collection Practices Act was passed in 1978 as part of the Consumer Credit Protection Act. FDCPA sets out specific things that debt collectors may and may not do when attempting to collect debts from consumers. The Act has several main points that you should know, especially if you are getting telephone calls from debt collectors.
Who the Law Affects
The FDCPA specifically affects "third party collectors" - people and companies who are in the business of collecting debts that were originally owed to other people. In other words, if your credit card company contacts you regarding a debt you owe to them, the federal law may not apply to them - though there may be state laws that do apply to "original creditors". If your credit card company hands your account over to a collection agency, though, this law does apply to the collection agency.
Your Rights Under the FDCPA
The FDCPA lays out rules about fair debt collection practices. It states when debt collectors may call you, with whom they may speak, what they may say to you and to others and what they must and must not do when contacting you. It also gives you the right to demand that they cease contacting you and that they provide you with proof that you owe the money they are trying to collect and that they are entitled to collect it. Finally, the FDCPA gives you the right to sue if a debt collector violates any of the points laid out in the law. If you prove that they violated the law, you are entitled to damages and up to $1,000.
What Debt Collectors Must Do
Debt collectors must:
- tell you their names and state that they are attempting to collect a debt every time they contact you in any way. They must also inform you that anything you say will be used in their attempt to collect the debt.
- Inform you within five days of their first contact with you of your right to validate your debt
- Provide you with validation of your debt if you request it in writing within 30 days of being notified of your right to validation
- Inform you of any legal actions that they intend as required by law
- Stop contacting you if you inform them in writing that you wish them to cease all communication. Once you have requested that they cease communication, they may only contact you to tell you they are ceasing their collection attempts, or to inform you of legal actions as required by law.
What Debt Collectors May Not Do
Under FDCPA, debt collectors may not:
* threaten you with physical harm
* threaten you with jail
* threaten you with court action that they do not intend to take
* use abusive language when speaking to you
* lie about who they are (for instance, saying that they're lawyers or that they're officers of the court if they're not)
* talk to anyone but you or your spouse about your debt
* publish your name on a bad debts list
* call you at work after you tell them not to do so
* call you before 8 AM or after 9 PM your time
* call you repeatedly and harass you about your debt
* contact you after you inform them in writing that you wish them to cease all communication
* contact you directly after you inform them that you are represented by a lawyer
You Have the Right To:
* tell debt collectors not to call you at work
* tell debt collectors not to communicate with you
* demand proof that you owe the money they are trying to collect
* demand proof that they are legally entitled to collect the debt
* be free of harassment, threats or abuse
* sue in court if a debt collector violates any of the points of the FDCBA
If you ever need to find the address of a bill collector and only have their phone number, you can with this free cell phone lookup resource.
Travis Craig writes informative articles about phone number searches, area codes layouts, and how to find out more information about them.
Article Source: http://EzineArticles.com/?expert=Travis_Craig
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