Playing by the rules – Fair debt collection practices act
The Fair Debt Collection Practices Act (FDCPA) provides a guideline that must be followed by a debt collection agency attempting to collect a debt. The Fair Debt Collection Practices Act FDCPA was enacted in to law in 1978 in order to protect consumers from being subjected to deceptive and abusive practices by those attempting to collect a debt. The Statute is quite comprehensive and lists behaviors that are prohibited as well as behaviors that must be followed.
- Prohibited conduct includes a wide range of items. Some of the most important actions and behaviors that are not allowed under this statute include not being able to contact a consumer at all hours of the day. Debt collectors may only call consumers between 8:00 am and 9:00 pm local time.
- Threatening to have the debtor arrested or to initiate legal action as a scare tactic is absolutely not allowed.
- Profane language, misrepresentation and any attempt to embarass or disparage a person that owes money will be dealt with severely under the provisions of the FDCPA.
These are some of the things a debt collector can not do. There are many others outlined within the statute. There are also a number of things a debt collector must do in their attempt to collect.
- In every communication, by phone, mail or any other manner, they must identify the communication as being from a debt collector.
- They must inform you of the original creditor within 30 days of a written inquiry by the consumer.
- The consumer has the right to know all the details of the alleged debt.
- The debt collector must provide verification of the information being used to try to collect the debt if so requested by the consumer. Failure to provide such information means that the debt collector must stop pursuing the debt .
- If the debt collector decides to file a lawsuit, the lawsuit must be filed in the jurisdiction where the consumer lives or where he signed the original contract.
The Fair Debt Collection Practices Act Statute of Limitations keeps a debt collector from pursuing a debt that may have been incurred twenty years back. Consumers should know their rights by reviewing the Fair Debt Collection Practices Act. You don’t have to take any abuse.