If a debt collector blows up your phone, you don’t have to sit there and pick it up. You have more opinions than you might think. The Fair Debt Collection Practices Act (FDCPA) ensures this.
Here’s more on those federal laws.
The Fair Debt Collection Practices Act
This law includes debt collectors’ actions who buys arrears of debt from original creditors such as a credit card publisher. “Debt collection laws” protect consumers from predatory actions including harassing you early in the morning or late at night, using offensive language or tone, and chasing you for false debts.
Exercising your rights can help you deal with debt collectors – and possibly lower your blood pressure.
How the FDCPA Protects You
Whether you know it or not, you can limit when and how third-party collectors contact you. They are not allowed to call you at extreme hours and cannot disclose your debts to third parties. So debt collectors are not allowed to call you before 8 a.m. or after 9 p.m., and they can’t call you at work if you tell them it’s not cool.
The law also means that, if you are represented by an attorney, the debt collector must communicate with you through him or her. What they can’t do is discuss your situation with third parties including your family, neighbors or boss.
Here’s another way the law protects you that surprises some people: If you ask them to stop contacting you completely, they have to do it.
Now, at this time, it’s not enough to tell collectors over the phone how you want them to communicate with you. Conversely, for the law to have force, the FDCPA requires you to state your preferences in writing.
Note that when the FDCPA updates go into effect this fall, you’ll be able to limit how debt collectors communicate with you through modes and platforms such as email, text messages, and social media.
Also, don’t get it twisted: your debt hasn’t gone away, of course, just because you asked the creditor to stop calling. Collectors can still sue you and charge you via (shameful) pay cuts.
You Are Protected From Harassment or Harassment
The FDCPA states that collectors may not use harassment or abuse to make you pay a debt. They cannot, for example, swear at you, threaten you or use violence, call you repeatedly to harass or harass you, call you for payment, or list your debts for public sale.
In fact, offensive or abusive language can tell you that you’re running a scam. Making sure you don’t get involved with unscrupulous agents can save you a lot of money. Check this company for legit credit card relief.
Debt Collector Must Be Honest
That The Fair Debt Collection Practices Act prohibit collectors from using misleading, deceptive or untrue statements to collect from you.
In particular, collectors cannot misrepresent: total debt, whether debt is overdue, legal consequences for non-payment of obligations, or their professional affiliation.
Note that while debt collectors need to be honest, they may choose not to answer your questions at all. In such cases, consider seeking legal assistance.
Unfair Practices Are Prohibited
Federal law also restricts collector behavior. For example, they cannot ask for expired checks for payment, deposit or threaten to deposit expired checks (which you may not write), swipe or threaten to swipe property, charge more than you are owed, beyond fees and interest. In fact, it’s always a good idea to validate the debt before making payments.
Validation, They Must
The burden is on the collector to prove you owe. So, you are entitled to request a verification letter, which must be sent by the agency within five days. The letter must state the amount you owe and include the identity of the agent requesting payment.
If Your Rights Are Violated
If this happens, you have another recourse. You can file a complaint with the Consumer Financial Protection Bureau, or you can sue a debt collection company. Be sure to keep records of all communications between you and debt collectors.
Hey, you have the FDCPA on your side. Knowing your rights can help you resolve your credit woes without undue pressure and harassment.
