The Federal Trade Commission has set out the rules that define the practice of billing. The Fair Debt Collection Practices Act defines certain things that a debt collector may not do when contacting you about the debt. Learn the rules that debt collectors must follow when they call you.
The Fair Debt Collection Practices Act was added to the Consumer Credit Protection Act in 1978 as Title VIII. It defines consumers’ rights when dealing with debt collectors, and prohibits the collection of practices that are abusive and harassing. If you are dealing with a debt collector violates the FDCPA that, you are entitled to make a formal complaint against them and make the harassment stop.
Who will follow the rules of the FDCPA?
A debt collector is a person or company who uses mail or other interstate relations or trade associations that the primary objective of debt to another person. Not federal law do not apply to internal debt collector attempting to collect a debt that originated them. In other words, the FDCPA applies to companies that collect debts for other companies. However, some countries have similar rules for companies that collect their own debts.
The FDCPA lays out things that debt collectors must do when they are trying to collect the debt, as well as things they are not allowed to do
What debt collectors must do
-. I’ll tell you that they are trying to collect a debt and any information they learn will be used to collect a debt
– Give you the name and address of the original creditor when you make a written request
– Tell you about your right to dispute all or part of the debt with the debt collector
What debt collectors can not do
– contact you before 8:00 AM or after 9:00 PM your time
– contact you at all after being asked to stop writing, except to say you they have ceased collection activities or that they intend to pursue other remedies
– contact you at work after you tell them not to
– contact you after you tell them you are representing lawyer
– contact you after you ask for validation of debt
– misrepresent themselves or lie about who they are intimidated or deceive you
– Display name or address of “Bad Debt” list
– Threaten you with arrest or prosecution is either not allowed, or that they do not intend to do
– use physical intimidation or threats of violence to you
– Using abusive or profane language to you
– repeatedly use the phone to harass you
– Talk debt by an entity other than a spouse or attorney
– Threatening to make a false report to the credit reporting agency