Are My Collectors Violating The Fair Debt Collection Practices Act?
Being under fire of debt collectors is not a comfortable position
. They are probably calling you at all hours of the day and night, harassing relatives, and maybe even calling you at work. Though it may seem that they have no rules, most creditors actually have to act in accordance with the Fair Debt Collection Practices Act.
The FDCPA's purpose is to protect consumers from the abusive yet common tactics collectors use and is part of the Consumer Credit Protection Act. It does this by giving consumers the right to dispute abusive collector practices and question the validity of their debt claims.
However, these laws only apply to third party creditors, like a debt collection agency. An original creditor (the creditor who you originally incurred the debt with) doesn't have many rules to follow and there isn't much you can do stop them. The FDCPA doesn't protect business loans either.
If you are a regular consumer being harassed by a third party creditor, though, you have some rights. Some of the highlights of the FDCPA include:
- Collectors can only call at reasonable hours, typically between 8 a.m. and 9 p.m.
- If a collector calls you at work and you've made it clear that it is either prohibited or inappropriate, they can no longer contact you there.
- Collectors can't contact you if you've retained an attorney.
- Collectors can't use profane or abusive terms to coerce you into paying your debt.
- Collectors cannot give any of your debt information to a third party, beside your spouse or your attorney.
- Collectors cannot ruin or threaten to ruin your credit on false grounds.
- Collectors are not allowed to threaten to take legal action if that isn't an appropriate maneuver or not feasible in your situation.
These laws really sound like they could protect you from any collector--but many collectors still violate them in an attempt to collect debt. They also probably figure you don't want to spend the time or money to take action against them. Unless, that is, you are filing Missouri or Illinois bankruptcy.
How will a St. Louis bankruptcy lawyer assist you to get rid of your creditors? There is a rule in the FDCPA that states a collector can no longer contact you if you have retained an attorney. In addition, a really great Missouri or Illinois bankruptcy lawyer has methods for dealing with a collector who refuses to follow the rules, like a special creditor line or even direct phone calls from the St. Louis law firm to the creditor.
by: Jim Brown
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