The Fair Debt Collection Practices Act, also known as the FDCPA, is a law, which was passed by Congress that regulates the methods collection agencies, can use to collect money from debtors who are behind on their payments. In the past many collection agencies would use unethical methods to extract payments from people, and this law was created to regulate them while protecting the debtor.
There are certain guidelines that collection agencies must follow when attempting to get payments. The FDCPA applies to a wide variety of debts, including medical bills, car loans, and credit cards. Many states have additional laws that serve to protect consumers, and their laws may cover debts that aren't covered by the FDCPA. It is important to have a basic understanding of this law. It will keep you from being the victim of collection agencies that use illegal methods of extracting payment from you.
Under this law, collection agencies are not allowed to contact the relatives or employers of a debtor. The only person who may be contacted other than yourself is someone who has co-signed the loan with you. They are also not allowed to threaten to ruin your credit or report you to an attorney in order to intimidate you into making payments. They may only warn of you these actions when they are in the process of getting ready to do it. Making false warnings to scare you into making payments is not allowed.
Collection agencies are not allowed to make phone calls at times that are deemed unreasonable. Any phone calls made before 8 AM or after 9 PM are not allowed. You must approve any calls that are made outside this time span first. Debt collectors are also not allowed to call you while you're at your place of employment. The use of profanity or racist terms is also not allowed. Letters cannot be sent to you that resemble those sent by courts, and if they decide to sue you they are not allowed to take you to a court that is far from your home.
It is important to understand this law if you find yourself in a situation where you have a large amount of debt and are having trouble making payments. While you should always try to repay back what you owe, collection agencies are limited in how they are able to contact you about those payments. Many agencies may violate this law, and if you are not familiar with it you will not be able to take any actions to defend yourself. If a collection agency violates the FDCPA, it may be possible for you to take them to court. If it is found that they have made numerous violations against debtors, a class action lawsuit may be filed.
If a collection agency violates this law when contacting you, you can report the incident to the state Attorney General's office. If the agency is in a different state, you can contact the Federal Trade Commission for assistance. You can also dispute the debt you owe by sending a letter to the agency within 30 days of the first notice informing them that you do not owe them anything. The agency will be forced to stop contacting you, but may decide to take further action that may require you to go to court.
The FDCPA is an important law that can protect in the event you are being contacted by collection agencies. While it is important for you to pay off any debts you have, agencies should not use unethical methods for getting you to make payments. This is a violation of the FDCPA, and they could be held liable.
Fair Debt Collection Practice Act
When dealing with an abusive debt collector it is difficult to know where to start. Debtors may already know that debt collection agencies are fast approaching. Often times a first warning is the final notice in the mail, sometimes there is no notice at all. Dealing with debt collectors can be frustrating and sometimes will require a knack for negotiating. Sometimes, however, negotiating is not enough. The calls still continue, the abuse still runs rampant, and peace of mind is just a fleeting hope. The Fair Debt Collection Practices Act was created to protect consumers from these very abuses. Here are some tips that can help consumers and their consumer advocate to bring these abusive debt collectors to justice.
1.Get their offer in writing.
When negotiating the best payment plan, it's important to get the deal in writing. It will probably be with a promissory note, which debt collectors may ask consumers to sign, to assure they will get their money in case the payments are not paid as agreed. If consumers are not sure what to do, contacting an attorney who belongs to NACA, National Association of Consumer Advocates may be a useful first step.
2. What to do to help when seeking help from an attorney.
An attorney will need credit reports to better evaluate the situation. Everyone is entitled to one free credit report each year from each of the three primary agencies, TransUnion, Equifax and Experian. These reports are available for free at Annualcreditreport(dot)com
Prepare phone logs of who called, when and the content of the call, if possible.
Consumers can tape the calls, but in California notification that the call is being recorded is necessary before the fact. A collector may hang up if they don't grant permission for the recording to take place. A tape may be helpful to note exactly what was said, which is sometimes difficult to remember if when dealing with abuse, unnecessary personal attacks, and complicated situations.
Save any voicemails or messages that are received from the collector.
3. Sometimes consumers may have filed for bankruptcy and still receive demands from collection agencies to pay. This may be a violation of the law. Consumer's should inform their attorney if this occurs.
If you or someone you know is being abused by a debt collector, don't accept the abuse. Contact an attorney who specializes in cases of the Fair Debt Collection Practices Act, often times it will cost the consumer nothing and benefit them greatly. Not only will it help on a personal level, it will help to clean up an area rife with wrongdoing.
Norman Taylor & Associates are consumer advocates who know when consumers? rights are being violated and what can be done to stop abusive debt collectors. Helping consumers since 1987, they have handled over 8,000 consumer cases. The best possible support when dealing with debt collector abuse is the assistance and advice of an attorney who has a solid understanding of the Fair Debt Collection Practices Act and the knowledge of how to put an end to these abusive debt collection practices. Norman Taylor & Associates may be contacted at 1-800-764-7182.
About Norman Taylor & Associates - Consumer Advocates
Norman F. Taylor and Associates have been assisting consumers since 1987. At Norman Taylor & Associates, the goal is to provide clients with the highest quality of legal representation. The firm and its associates are experts in both the debt collection laws ? the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA). They can provide you the help you need to end debt collection harassment and bring you peace of mind. They represent consumers all over the state of California. With a twenty two year history of successful cases, Norman Taylor & Associates has established their reputation as a firm of consumer advocates that get the job done.
Both Joseph Kenny & Norman Taylor are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Norman Taylor has sinced written about articles on various topics from Lemon Law, Legal Matters and Debt Reductions. Norman Taylor studied engineering at Arizona State University as an undergraduate. He attended Glendale School of Law, graduated and passed the Bar in 1986. Aside from advocating consumer rights he volunteers for international human rights efforts and spo. Norman Taylor's top article generates over 27100 views. Bookmark Norman Taylor to your Favourites.
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