Fair Debt Collections Act

by laRuth

Fair Debt Collections Act

The Fair Debt Collections Act is actually a foreshortened version of a federal law called the "Fair Debt Collection Practices Act", often abbreviated as the "FDCPA." The exact name of the law of course is not all that important. What is important is the protection offered to consumers by the FDCPA.  In essence, this law provides protection against harassment and abuse by debt collectors.

Fair Debt Collections Act - Protections

The law was created to prevent debt collectors from using old school, old world tactics for collecting debts. I'm talking about the stereotypical strong-arm debt collection tactics like making mob-style threats to induce you to pay, claiming to have you arrested if you don't pay, or claiming to sue you. (A debt collector i.e. collection agency, cannot sue you over a debt - only the original creditor can sue you.) And keep this in mind; Verbal abuse, and generally any form of debt collector harassment, is strictly prohibited by the Fair Debt Collections Act.

Fair Debt Collections Act - Provisions

Many people are unaware that this law actually exists, and of the protections it offers them.

There is actually a tightly defined code of conduct that debt collectors have to abide by in the course of carrying out their debt collection efforts. Besides those already mentioned, did you know that debt collectors may not call you outside of the hours of 8 a.m. to 9 p.m. in your local time zone? And one of my personal favorites: debt collectors may not call you at all, at home or at work, if you tell them not to. In other words, the FDCPA provides a cease and desist provision for consumers.

This is going to music to the ears of anyone experiencing excessive calls, threats, and demands for payment on their home, mobile, and office phones all day long.

The rationale behind this provison of the Fair Debt Collections Act is simply that you have the right to tell debt collectors that you do not want to communicate by phone with them and that they must put all communication in writing - and they must comply with that request, by law.

Another great provision of the Fair Debt Collections Act is that when you document a debt collector violating any aspect of the Fair Debt Collections Act (i.e. record them engaging in verbal abuse, or keep records of phone calls received outside of acceptable hours) you can sue the debt collector for 00 per violation. That can add up quick, and the debt collectors know it, which is why having a working knowledge of this law can provide you with immense power to stop debt collector harassment.

To learn more about the Fair Debt Collections Act and how to effectively use it to http://stopdebtcollectors.org

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