The Fair Debt Collection Practices Act (FDCPA) was shaped by the Federal Trade Commission
(FTC) and passed by the Congress to ensure fair and lawful debt collections. This Act regulates debt collectors to ensure the rights of consumers for fair collection of debts.
The FDCPA requires the debt collectors to follow certain laws. These laws are about how to treat you and what attempts can be made to collect the debt from you. It is a known fact that if you owe you must pay but while attempting to collect the debt the debt collector should not over step the laws.
Over phone a debt collector should:
Inform you his name and where he works
Call you at a convenient time
Not call you repeatedly
Call you at office only if you or your employer approve
Use decent and proper language
Not threaten you with violence
Not intimidate you with wage garnishment
Speak truth
Give right information about your debt
To collect the debt, a debt collector can:
Inform you of the debt and request you to pay
Request you for your convenient time and call only during that time
Send you information by fax, or email
Send information in enclosed envelope and not a post card
Reach you in person if you have agreed to
Contact third parties only once for information about you about your place of work or stay
Call you at your workplace if you or your employer approve of it
Contact your attorney only, if you have informed him about your attorney
A debt collector violates the FDCPA by
Harassing you about the debt by calling repeatedly at unusual times
Using improper language
Threatening you with violence or legal action
Not disclosing his name or place of work
Calling himself a federal agent or an attorney
Threatening you with arrest if you dint pay
Contacting you even after you dispute the debt
It is imperative for a debt collector to adhere to the FDCPA laws. If he violates he can be sued under this Act. In case of violation of the Act you may engage an FDCPA attorney and pursue legal action.
You may approach Krohn & Moss Ltd. CONSUMER LAW CENTER to engage an FDCPA attorney. Attorneys at Krohn & Moss Ltd. have helped thousands of victims of debt collection violations.