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I’ve heard a lot of consumers complaining about their experiences with debt collectors. You may have heard of a lot of horror stories surrounding debtors who get incessant calls from their creditors. Actually, debt collectors are known to be notorious about applying their unfair practices upon many of us consumers. And unfortunately, several debt collectors get off scot-free with these activities since consumers are not particularly aware of the regulations controlling how these creditors can and how they can’t work with consumers while collecting a debt.
This is where the Fair Debt Collection Practices Act, also known as the FDCPA, enters the picture: it is a federal legislation that regulates the activities of parties working as debt collectors. So what are some common types of consumer debts? These would be medical bills, credit card debts and car loans — those expenses most of us accumulate and get saddled with over time.
Collection Practices Not Allowed by the Fair Debt Collection Practices Act
Anytime one of your creditors employs a third party agency for collecting a debt, that agency is bound to comply with the regulations of the Fair Debt Collection Practices Act. There are various things that a debt collector is not permitted to do and some of them are as follows:
Debt collectors can’t call you at your office given that the debt collector knows that your employer doesn‚Äôt accept these telephone calls.
They can’t call you before 8 a.m. in the morning or after 9 p.m. in the evening.
They can’t tell you a lie or wrongly suggest that you’ve perpetrated a crime.
They aren’t allowed to annoy, coerce or maltreat you.
They can’t hide their identity on the telephone.
They can’t apply unjustified means in order to collect a debt.
They can’t ignore a written application from you to stop further calls.
What Are The Rules For Communication?
The FDCPA also prescribes how the debt collector should behave while communicating with any individual other than the consumer. These collectors are barred from providing details related to your debt to anybody but you or your partner (or your parents in case you’re a minor).
Debt collectors are prohibited to communicate through post cards or use any type of sign or words on an envelope that reveal what and who they represent. As soon as the debt collector knows an attorney is representing you and gets the contact details of the attorney, the debt collector can directly contact your lawyer.
They’re also not allowed to use any type of abusive, filthy or intimidating language over the phone or in correspondence while collecting the debts.
When Your Rights As A Consumer Have Been Breached
If your rights under the Fair Debt Collection Practices Act have been infringed, you have the time of one year subsequent to the date of infringement to file a legal suit against the debt collector. You can get up to $1,000 over and above your actual losses and attorney fees.
So if you’ve got debt, be aware of your rights!
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