Fair Debt Collection Practice Act (FDCPA)

In 1970 the Fair Debt Collection Practices Act became law. Its purpose is to prevent abusive, deceptive and unfair debt collection practices by debt collectors.

Questions: Rights and the Fair Debt Collection Act:

What debts does FDCPA cover?
Covered debts by FDCPA include family, personal, or your household dues. These dues cover motor vehicle charges, purchases, charge accounts and health care. 

What is a debt collection agency or collector?
Attorneys or anyone that collects debt from debtors legally qualified is deemed debt collectors. These people are paid commissions to collect debt owed. You want to learn more about these agencies, since many have unlawfully pressured debtors. Learn your rights.

What methods do debt collectors take to contact debtors?
Debt collectors have the right to make personal contact with you. The collector may call you on the phone, write you a letter, telegram, or fax you. The debt collectors however, DO NOT have legal right to contact you at inconvenient places or time.  (E.g., anytime before 8am or anytime after 9pm if your boss at the workplace prohibits contact of collectors, thus the collector cannot visit your workplace.

NOTE: Debt collectors do not have the right to threaten you, nor call you if any of your debts are in dispute, or anytime you are making efforts to pay your debt through counseling services, etc.

How can debtors stop collectors from contacting them?
Write the collectors a written letter and ask them to cease calling, or contacting you. Once this letter arrives at their desk, they do not have legal right to contact you again, only to let you know you will not receive farther contact from that company. This means the company cannot contact you even to let you know that one of your creditors is attempting to take particular actions to recover the debt.

NOTE:
Despite your efforts to stop collectors from contacting you, it does not mean that these companies will not take actions to recover any debt owed by you.

Can debt collectors inquire from others about my debt?
A debt collector is obligating to contact your lawyer if you have one. Debt collectors cannot call you if you have an attorney. If you do not have a lawyer, debt collectors may phone others to learn your phone number, employment location, or home location. Debt collectors commonly only contact third parties one time. Most times, they will work with your lawyer or you directly. 

What obligations do debt collectors have to inform debtors of their debts owed?
Debt collectors on contacting you has "five" business days to send you a written warning. The warning will address the sum owed by you, creditors name the money is owed to, and actions you can take if you think that you do not owe this debt.

What if I do not owe debt, can debt collectors contact me?
No, if you have mailed a correspondence to the bureau affirming that you do not owe a balance to this creditor(s), thus  collectors do not have the legal right to contact you, "30-days" past you receiving the code notice.

Nevertheless, a collector could reaffirm register activities if you are transported proof of the debt, such as a representation of the invoice for the sum owed by you.

Are there other prohibitions regarding debt collections and the actions they take these debtors should be aware of?
Yes, debt agencies cannot coerce, harass, verbal abuse, mental, physically abuse you, or threaten you, or any other person they may contact, such as a relative or friend regarding you.

Your, Rights:
If a debt collector threatens you mentally, physically or verbally you have the right to file charges against this person.

- if a debt collection agency posts your name publicly and the debts you owe, you have a right to file a complaint. This is an unlawful act. The collection agencies only have the right to report any debts owed by you to the credit bureaus, such as TransUnion.

-If a debt collector makes obscene or else uses profanity, you have the right to file a complaint against this person. You have the right to file a complaint if the debt collector repetitively uses the phone, harassing or annoying you. 

-You have the right to file a complaint if the debt collector makes false claims against you. When collecting debts, a debt collector is illegal when he makes any misleading or false statements against you.

1. Debt collectors cannot falsely implicate or act as government or lawyers, etc
2. Fallaciously accuse you of committing a crime
3. Fallaciously implicate or act as a representation from any credit bureau
4. Deceitfully lie about the amount you owe
5. Deceitfully portend that legal letters are sent to you
6. Make claims that legal letters are not officially authorized

Additional rights:
You have the right to file a complaint against any debt collector that:

-Threatens to have you arrested if you fail to pay the debt

-Any debt collector threatening to seize, attach, garnish, sell wages/mortgage, etc or threatens lawsuit when no legal action has occurred

-Falsely give personal information to credit bureaus or any other third party

-Send fake official letters from courts, or government

-Use fake names

Debt collectors may not use unfair practices such as:

-Charge more than you owe, unless state laws says otherwise

-Deposit post-dated checks in advance

-Lie to con you into paying for telegrams or collect phone calls

- Threaten to seize your assets without legal rights, Contact you via postcard

Knowing your control over debts and payments:
You have the right to indicate which debt you wish to pay on the balance
Debt collectors do not have legal right to make payments toward any debts you feel are not yours.

What measures should I take if a debt collection agency violates the law?
You can sue this agency by taking them to federal or state court. You have one year to sue after the violation occurs. If the judge deems the collector wrong, you may recover any monies or damages you sustained, as well as another thousand. The court will issue them to reimburse your for any attorney or court costs as well. Groups have the right to sue as well.