How Does the FDCPA Work for You?
The Fair Debt Collection Practices Act (FDCPA) regulates how debt collector collectors act when attempting to recover a debt. The federal government enacted the FDCPA in response many complaints of debt collector abuses.
The FDCPA prevents a debt collector from sharing your information with third parties, with few exceptions. It forbids telephone calls at times known to be inconvenient, or calls before 8:00 am or after 9:00 pm without permission. During these telephone calls, the debt collector is in violation of the FDCPA if they use or threaten the use of violence, use obscene or abusive language and/or call you continuously. Additionally, the debt collector cannot pretend to be an attorney and may not falsely represent or imply that documents are legal documents.
There are also certain things a debt collect must do under the FDCPA. A debt collector must disclose the name of the original creditor of the debt in addition to including the amount of the original debt when the consumer requests it. Any payment received by the debt collector must be applied as the consumer requests, and not applied to any amount that may be in dispute.
Debt Collectors are also prohibited from most contacts with the consumer after they become aware that the consumer is represented by an attorney. The FDCPA protects consumers from the abusive tactics listed above in addition to many other things. If you feel that you have been the victim of an FDCPA violation, you should contact an attorney in your area today to see if you have any recourse against these collection companies.
Information gathered from: Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692p; http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
By Adam Baron