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What You Should Know About the Fair Debt Collection Practices Act

Copyright © 2012 Liz Roberts

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Published: 02Aug2010
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The Fair Debt Collection Practices Act was created to protect consumers from unfair or abusive treatment from creditors or debt collection agencies. In this article, we'll discuss some of these unfair practices that are included in the FDCPA which you must be aware of.

In case you've found that any one of these violations are committed by a debt collection agency or a creditor collecting debts from you, don't hesitate to contact the Federal Trade Commission by calling their toll free number at 1-877-FTC-HELP (1-877-382-4357) or visit their website at ftc.gov. You should also get in touch with your State Attorney General's office as debt collection laws vary from state to state. Here are the unfair debt collection practices that your debt collector may be guilty of:

Calling at the wrong hour. According to the FDCPA, a debt collector may contact you by phone to advise you of your debts but not before 8 am or after 9 pm. If your creditor attempts to call you during these unprofessional hours, you can report it to the FTC right away.

Continuous attempt to collect debts even after your request to stop. Under the law, you can send a written letter of request to the creditor to stop with its collection attempts. If upon receiving your letter, the debt collection agency still continues to contact you, you can file a complaint to the FTC.

Contacting a third party regarding your debts. A debt collector should not try to contact a third party and disclose any information about your debts. However, a debt collect may contact a relative or a friend to ask about your contact information.

Contacting you in your work place. A debt collector should not make any attempts to collect debts from you at your place of employment if you've informed them that this is not acceptable.

Contacting you directly when you are represented by a lawyer. If a debt collection agency knows that you are represented by your lawyer, they should only try to contact your lawyer.

Using threats, obscene or foul languages. A debt collector must never use any type of profane languages when dealing with a borrower no matter how long the debts are past due. If your creditor collects debts in this manner, it is clearly a form of harassment and a violation of your consumer rights.

Publishing your name in a list of people with bad debt. A debt collection agency cannot publish a list that contains names of borrowers who have unpaid debts in their accounts.

Using misleading statements to force you to pay. A debtor or a collection agency should never try to use misleading information to force a borrower to pay. For instance, you should not be informed that a legal action has already been taken when it has not yet taken place. You should not be threatened that your property will be confiscated if this has not yet been ruled out by the court. If your debt collector makes such claims, check its accuracy and if you've found these information to be false, report the debt collection agency right away.

New Horizon Business Services, Inc NHBS, Inc has been providing consumers and business owners with financing since 1989. Join our mailing list for Free Tips on Rebuilding and Repairing Credit. Click here for your trusted debt consolidation companies.

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