The Fair Debt Collections Protection Act (FDCPA) was passed by Congress in 1977. Its purpose is to protect debtors from dishonest and abusive debt collection procedures. The act is enforced by the Federal Trade Commission (FTC). It covers almost all types of personal debts, including mortgages, car loans, credit card debt, and medical bills.
The FDCPA limits what debt collection agencies can do in order to collect a debt. These agencies may not lie, threaten, purposefully annoy, or disclose personal information about a debtor. However, some collection agencies will view these actions as a calculated risk. Since many people don't know their rights, bill collectors sometimes get away with these violations.
Bill collectors are not allowed to falsely represent themselves in any way. They may not claim to be lawyers or present papers as legal documents if they are not. Presenting legal documents as if they were not binding is also against the FDCPA. In addition, these companies cannot claim they will take legal action if they don't actually intend to do so.
No collection agency is allowed to collect more than the amount owed. You have no obligation to pay for expenses incurred by the bill collectors, such as postage or phone bills. No interest may be added above what was agreed to in the original debt. If you feel a collector is misrepresenting a debt, request a debt validation.
The FDCPA also prohibits threats. Bill collectors may not threaten to damage you or your property. Nor can they threaten to have you arrested or disclose personal information. Knowing your rights will help you identify which actions they can legally take and which are only meant to intimidate you.
All attempts to contact you must be reasonable and respectful. Collection agencies are only allowed to call between 8:00 am and 9:00 pm. They may not use profanity or any type of abusive language. If you have told them verbally or in writing, they may not contact you at work either.
A collection agency can contact family or friends, but only to gain contact information for you. In most cases, they are only allowed to contact a specific third party one time. In addition, they are not allowed to speak about your debt to anyone other than your spouse or lawyer. If you have a lawyer, the agency may not contact you directly without permission.
There are several actions you can take to protect your rights. After you've been informed of the debt, you have 30 days to request debt validation. This is a legal document that describes the precise amount you owe. In addition, if you request in writing that a bill collector stop contacting you, they must comply. They are then only allowed to contact you if they are taking legal action.
If you need to stop debt harassment, you can file a complaint both with the FTC and the Better Business Bureau. You may wish to take legal action, if there have been significant abuses. If you win, the collection agency may have to pay damages and court costs, plus up to $1000. Keep in mind, however, that this will not eliminate the debt.
Source: ezinearticles
The FDCPA limits what debt collection agencies can do in order to collect a debt. These agencies may not lie, threaten, purposefully annoy, or disclose personal information about a debtor. However, some collection agencies will view these actions as a calculated risk. Since many people don't know their rights, bill collectors sometimes get away with these violations.
Bill collectors are not allowed to falsely represent themselves in any way. They may not claim to be lawyers or present papers as legal documents if they are not. Presenting legal documents as if they were not binding is also against the FDCPA. In addition, these companies cannot claim they will take legal action if they don't actually intend to do so.
No collection agency is allowed to collect more than the amount owed. You have no obligation to pay for expenses incurred by the bill collectors, such as postage or phone bills. No interest may be added above what was agreed to in the original debt. If you feel a collector is misrepresenting a debt, request a debt validation.
The FDCPA also prohibits threats. Bill collectors may not threaten to damage you or your property. Nor can they threaten to have you arrested or disclose personal information. Knowing your rights will help you identify which actions they can legally take and which are only meant to intimidate you.
All attempts to contact you must be reasonable and respectful. Collection agencies are only allowed to call between 8:00 am and 9:00 pm. They may not use profanity or any type of abusive language. If you have told them verbally or in writing, they may not contact you at work either.
A collection agency can contact family or friends, but only to gain contact information for you. In most cases, they are only allowed to contact a specific third party one time. In addition, they are not allowed to speak about your debt to anyone other than your spouse or lawyer. If you have a lawyer, the agency may not contact you directly without permission.
There are several actions you can take to protect your rights. After you've been informed of the debt, you have 30 days to request debt validation. This is a legal document that describes the precise amount you owe. In addition, if you request in writing that a bill collector stop contacting you, they must comply. They are then only allowed to contact you if they are taking legal action.
If you need to stop debt harassment, you can file a complaint both with the FTC and the Better Business Bureau. You may wish to take legal action, if there have been significant abuses. If you win, the collection agency may have to pay damages and court costs, plus up to $1000. Keep in mind, however, that this will not eliminate the debt.
Source: ezinearticles