Did you know that there is an official act of the fair debt collection practices that promotes fair debt collection and establishes legal protection against abusive debt collection practices? The FDCPA is available in the entire country, including Miami, Fort Lauderdale, Broward, Boca Raton, Palm Beach, West Palm Beach.
In other words, the debt collection practices act defines the moral and ethical means through which a debt collector can collect debts. Therefore, the FDCPA clearly states several practices that are considered abusive and must be avoided by all debt collectors:
- Calling outside the allowed time frame (debt collectors are not allowed to contact consumers by phone outside 8am-9pm local time)
- Contacting consumers in person at their place of work
- Threatening consumers with arrest or legal action
- Using abusive language, or profane language to determine a consumer to pay their debt
- Calling the consumer on the phone repeatedly and abusively with the intent to harass or annoy
These are all big “no-no” for any debt collector, but that doesn’t mean that their hands are tied and they are left with no means of contacting the person in debt. They can still contact you, but they have to obey the debt collection practices. Among these practices are included the following rules:
- The debt collector has to identify himself / herself by saying their names and the reason they are contacting the consumer
- They have to provide the consumer with the name and address of the creditor
- Provide verification of debt
- File a lawsuit – yes, debt collectors are allowed to file a lawsuit against the consumer, but they can only do it in a place where the consumer lives. The lawsuit can also be filed in the place where the consumer signed the contract.