All debt collection agencies in United States of America are guided by debt collection
laws laid down by the Fair Debt Collection Practices Act (FDCPA) and enforced by the Federal Trade Commission (FTC) and private attorneys. These laws are enforced to ensure the protection of consumers against illegal practices of debt collectors. The FTC has laid down debt collection guidelines in the FDCPA to punish the unfair debt collectors and protect you, the consumers.
A debt collector should not:
* Harass you to pay even if you owe
* Contact at inconvenient times
* Call repeatedly or leave messages on voice mail
* Call after a written request from you not to call
* Use abusive language
* Threaten to use violence
* Illegally inform third party
* Repeatedly call third party for information about you
All these are considered violations of the FDCPA and are prohibited by federal law. You may file a case in a state or federal court for up to $1000.00 for damages. It is important to collect as much evidence as possible to file a case. Having a record of dates and times of calls, name of the collection agency and name of the person you spoke with will help you in your case. Recording of phone calls is a piece of evidence but you should check if it is allowed in your state.
On the other hand, if you have a long outstanding debt and if you plan to opt for a collection agency better choose one with good standing. If a debt collector violates the FDCPA he/she is liable to be sued by the consumer or by an FDCPA attorney engaged by the consumer.
The FDCPA attorneys make sure that there is justice in debt collection from you. The FDCPA also lays down guidelines for debt collectors and debt collection attorneys on collecting a legitimate debt.