idebt » Fair Debt Collection Practices Act

Debt-Collection No-Nos

Idebt — Thu, 17 Dec 2009 23:43:30 +0000

Tactics that are not permitted:

The debt collector cannot repeatedly call you.
If you request that collectors do not call you at work, they must stop.
Collectors cannot use foul language or threaten a consumer with violence, seizure of assets, or imprisonment. They cannot use language that is insulting, discriminatory or belittling.
Without obtaining your permission, collectors are not permitted to tell any person other than yourself, a cosigner, your spouse, or your attorney that you owe a debt.
The debt collector cannot publish your name and the nature of the debt. They may not threaten to harm your reputation as a measure to collect a debt.
A debt collector cannot call you or in any way contact you before 8:00 a.m. or after 9 p.m. in accordance with your local time zone.
A collection agency cannot deposit a post-dated check prior to the date on the check.
A collection agency cannot collect any amount greater than your debt, unless allowed by law.

The collector cannot falsely imply that you have committed a crime. They cannot threaten that you will be arrested if you do not pay a debt.
A debt collector cannot misrepresent who he/she is. The collector may not pretend that he/she is someone else or that he/she represents a business or agency that he/she does not. A collector cannot falsely imply that he/she is an attorney or government representative. They cannot indicate that forms or letters that are sent to you are legal forms if they are not.
A debt collector may not offer false information to get you to pay a debt. In other words, a collector may not tell you or write to you advising that he/she is going to sue you, garnish your wages, or attach personal property if he does not actually have the intent to do so.
A collector cannot falsely represent that they work for a credit bureau.

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When a Debt Collector Calls

Idebt — Thu, 17 Dec 2009 23:43:02 +0000

When a collector contacts you, at some point in the conversation they must advise you that they are calling from a collection agency. They are required to identify the name of the original creditor and the amount of the balance on the account that is being collected upon. This is important because it allows you to determine whether it is a bill on which you feel you are responsible for paying or on which you have a dispute. If the collector was not required to advise you of the balance and original creditor, you might pay on a bill that you are not legally responsible for or you might pay more than you are legally required to. The collector must advise you that the purpose of of the call is for collecting a debt and that the information provided by you will be used for the purpose collecting a debt. The collector is also required to advise you that you have the right to dispute the debt within 30 days.

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Knowing the Rules Will Help You Play The Game

Idebt — Thu, 17 Dec 2009 23:42:45 +0000

You are protected by The Fair Debt Collection Practices Act, which is the federal law that protects consumers from harassment and abusive collection practices. The Fair Debt Collection Practices Act applies to collection efforts that are employed by persons other than the original creditor “that regularly collect debts owed to others.” The FDCPA applies to third party collectors who have purchased accounts or been hired by an “original creditor” to collect on a debt. Original credit institutions are not required to abide by the provisions set forth by the act. Understanding the Fair Debt Collection Practices Act and letting the creditors know that you understand your rights is often one of the most effective ways of dealing with collectors and their threats.

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