The Fair Debt Collection Practices Act (FDCPA as is known) has a U.S. statute in 1978, as amended, which protects consumers against unfair practices by collection agencies and debt collectors. There are also consumers a way of challenging inaccurate information that may be held against them.
This article gives a summary of the provisions, as we understand it, but it is not exhaustive (it does not have all the details) and the accuracyguaranteed.
What the FDCPA Covers
The FDCPA covers debt collectors that are as "any person who holds a mediation of interstate commerce or the mails in any business whose principal purpose is defined in the concept, the collection of debts, or who regularly collects or attempts to collect which is directly or indirectly, amounts owed or due or owed or claimed by another. "
This means that it concerns the circumstances where a debt collectionAgency contact for the payment of a debt you owe to another company, such as a bank. If the bank collects the debt itself, the FDCPA does not apply, although some states have laws regulating the institutions that collect their own debts in the same way.
What to do Debt Collectors,
Each time a debt collector contacts you, you have them for who they are, which company is it with you, and tell them that a debt collector.
TheyYou must tell your right to dispute the debt. This communication is for information 1692g - Validation of debts.
You have to give the verification of the debt if you request in writing within 30 days of receipt of the notice. You need you to, which was the original creditor (name and address of company or institution that you are owed) money.
If they file a complaint, they have in the place where you live or where you signed the contract that the debts incurred. So, if youused to live in Los Angeles and you in this debt, while you lived there, but now you need to Montana is moved, the debt collectors brought in either Los Angeles or in Montana-file. Nowhere.
What is Debt collectors are not allowed
You are not authorized to call outside of time from 8:00 to contact Clock Clock Clock to 9:00 () your local time.
You are not allowed to continue to contact you if you give them in writing that you do notwant to contact you or that you refuse to pay the alleged debt, except that they still can tell you certain things, eg that they are planning to file a complaint or that they are in writing of the debt.
You are not allowed to harass you by phone, for example, causes the phone rings constantly calling or engaging in person, telephone conversation repeatedly or continuously: with the intent to annoy, abuse, harass, or any person at the called number.
You are not authorized to you in yourPlace of employment, after they noted that this is not acceptable or forbidden by the employer.
You are not authorized to share contact you after you have given them the details for a lawyer to represent you, they need to contact your lawyer instead.
When asked to verify the debt within 30 days of notification 1692g, they are not allowed to contact you after they have sent you a confirmation email.
You may not participate in misrepresentation or fraud;You do not have as a matter of how much you owe, or are entitled to attorneys when they do not lie. You do not need to require that undue amounts of what you owe.
You can not publish your name and address on a list of uncollectible receivables.
You are not authorized to arrest or threatened with legal action unless these things are actually possible and planned.
You are not entitled to use abusive or vulgar language.
You may not disclose or discuss your debt to third parties, exceptYour spouse or your lawyer, and they must not threaten to do so (for example, you can not threaten your employer or a family) to tell.
You are not authorized, please contact that shows off your debts for others, for example, putting details on a postcard or send a letter in an envelope that is marked by a collection agency.
You are not permitted to provide false information on your credit report or threatening to do so.
If you have been exposed to practices whichagainst the provisions of the Act, you can tell the collection agency for the Federal Trade Commission. You can also refer to the collection agency, but it is not always worth it for most people to do so. Therefore, the Federal Trade Commission takes the role of the enforcement of the Fair Debt Collection Practices Act.
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