Have you ever wondered how Collection Agency Laws actual effect on Debt Collection Agencies conduct their business? I, as I was recently contacted by a collection agency regarding the debt I owed considered. And here’s the really bad things – I did not owe anything because I was a victim of identity theft. Funny, but I had never worried or cared about collection law because my credit had always been very good, if not perfect. Enter my nightmare.
not only was I dealing with the basic process of filling reports with the state Attorney General, local authorities and the credit reporting agencies, but I had to deal with this very persistent collection agency. Unfortunately, as I soon found out, there are times when unscrupulous debt collectors will try to circumvent the law in order to collect on a debt that you may or may not owe. Fortunately for people like you and I, there are laws in place to help protect us.
In all fairness, the collection agency had simply been given timely account (actually account for some unknown scumbag is), and were simply doing their job. I understood exactly what they were doing, but even after I explained my situation to them, they kept still send me a letter and call me at all hours of the day. She informed me that I needed to send them some sort of proof that it was not I on the account and I was actually a victim of identity fraud. What a complete and time-consuming hassle that was -. And is fodder for a completely different thing
As I continued to study the Fair Debt Collection Practices Act (FDCPA), which is part of the Consumer Credit Protection Act, which is a United States law that protects the consumer from unfair and abusive practices the collection of debt, I quickly realized that this particular collection agency was breaking many of the laws set forth by the above agency. The Fair Credit Reporting Act (FCRA) also goes hand in hand with the FDCPA, and I would strongly suggest that you, as a consumer, read the above law. Simply go online as I did and search using keywords. You will find tons of great articles and information on the subject.
For example, did you know that the FDCPA has issued instructions that debt collectors do their business? That is correct. Some of these “rules” “are times that you can contact, trying to communicate with you while you are at your place of employment, misrepresentation or fraud, publish your name in” bad debts “list, and so on.
Here are some examples of what this particular collection agency was doing to me, and how they were contrary to the law
1. They were calling me before and after the designated time defined by law. They can only make reasonable times. I once received a call at 6:15 in the morning. On Sunday!
2. They were in the habit of calling me at my place of business. They can not do this if you tell them to stop.
3. Those individuals who represent their company was threatening me with wage garnishment and bank levy. Do not! They can only do this if the original creditor had obtained a judgment against me. And some states, these methods are not allowed.
4. They told me they were going to discuss the situation with my boss. They can not discuss debt to people who have nothing to do with them.
5. They called my family and did his best to pry information out of them. They can call and try to find the physical location of my, but they can not mention that they are collecting the debt.
above is not an exhaustive list by any means. As I continued to study law, I learned that they had not been at all five of the above listed methods of collection. Not legal advice mine to you, if you encounter situations always involves debts as I did, is playing hardball. Be strong and the company document / record everything, and let them know that they are in direct violation of collection laws and can be sued for harassment of them.
There are a lot of hungry lawyers out there who love to sue collection agencies whore in violation of the law. Contact a lawyer or the Federal Trade Commission (which implements FDCPA), and take action against those who are breaking the law. Life is too short to have to put up with this kind of a funny business.