Debt Collectors should follow the FDCPA Laws

12 Feb

The Fair Debt Collection Practices Act (FDCPA) was shaped by the Federal Trade Commission (FTC) and passed by the Congress to ensure fair and lawful debt collections. This Act regulates debt collectors to ensure the rights of consumers for fair collection of debts.

The FDCPA requires the debt collectors to follow certain laws. These laws are about how to treat you and what attempts can be made to collect the debt from you. It is a known fact that if you owe you must pay but while attempting to collect the debt the debt collector should not over step the laws.

Over phone a debt collector should:

* Inform you his name and where he works

* Call you at a convenient time

* Not call you repeatedly

* Call you at office only if you or your employer approve

* Use decent and proper language

* Not threaten you with violence

* Not intimidate you with wage garnishment

* Speak truth

* Give right information about your debt

To collect the debt, a debt collector can:

* Inform you of the debt and request you to pay

* Request you for your convenient time and call only during that time

* Send you information by fax, or email

* Send information in enclosed envelope and not a post card

* Reach you in person if you have agreed to

* Contact third parties only once for information about you about your place of work or stay

* Call you at your workplace if you or your employer approve of it

* Contact your attorney only, if you have informed him about your attorney

A debt collector violates the FDCPA by

* Harassing you about the debt by calling repeatedly at unusual times

* Using improper language

* Threatening you with violence or legal action

* Not disclosing his name or place of work

* Calling himself a federal agent or an attorney

* Threatening you with arrest if you dint pay

* Contacting you even after you dispute the debt

It is imperative for a debt collector to adhere to the FDCPA laws. If he violates he can be sued under this Act. In case of violation of the Act you may engage an FDCPA attorney and pursue legal action.

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