By now most consumers are aware of the Fair Debt Collection
Practices Act (“FDCPA”) and have a basic understanding of the fact
that this law was created to protect consumers from the abusive
tactics of collection agencies. Abuse by collectors is on the
rise and knowing the law beyond the fact that it exists will ensure
you are never taken advantage of by a collector. Below is a
list of the top ten laws under the FDCPA that will ensure your
protection.
1.
Collection agencies are prohibited from repeated or
continuous
contact.
Collection agencies cannot contact you multiple times per
day. Repeated contact is in violation of the law. If
you believe a collector is contacting you too often, make a list of
the number of times per day he or she calls you.
2. A collector
is prohibited from using abusive or profane language
A collector cannot use abusive or profane language at any
time. A collector is required to speak to you with respect
and if a collector says anything that is meant to harass or uses
language that is disrespectful, he or she has violated the
law.
3. Collection
agencies are only allowed to contact you at convenient
times
A collector is only allowed to contact you between the hours of
8:00 a.m. and 9:00 p.m. unless you request to be contacted at a
different time.
4. A collection
agency is prohibited from contacting you at your place of
employment after you request not to be contacted
A collector cannot contact you at work after you request not to
receive calls. You must put the collector on notice and prior
to receiving notice the collector has a legal right to contact your
during regular business hours.
5. A collector
must send written notice of the debt after the initial
communication
If a collector contacts you first by phone, he or she must provide
you with an additional collection letter within 5 days of the
initial verbal communication and failure to do so is a violation of
the law.
6. A collector
cannot demand you pay more than you actually owe
A collector cannot tack on extra fees or interest when collecting
payment. You are only required to pay what you owe, which may
be significantly more than the amount of the original debt after
interest and fees if they were part of the original
agreement.
7. A collector
must provide you with written notice of your rights under the
FDCPA
In its initial collection letter, a collector must provide you
with notice of your right to dispute the debt and request
validation within 30 days of receipt of the collection
letter.
8. A collector
must provide validation of all disputed debts and cease collection
activity
When you dispute a debt with a collection agency, it must provide
proof of the debt before it continues collection activity.
9. A debt
collector must cease all verbal communication if
requested
If you wish to no longer be contacted by a debt collector you may
request a collector only contact you in writing….which means no
more phone calls. A collector must honor this request to
comply with the law.
10. A debt
collector cannot contact your relatives, friends or neighbors in an
effort to collect a debt
A debt collector is prohibited from contacting your relatives,
friends or neighbors regarding your debt unless they are looking
for location information. Should a collector speak with
someone, he or she must not disclose the fact that you owe a debt
or disclose the name of the company he or she is calling
from.
If you are being contact by a collection agency and feel its
contact is in violation of the law you have rights under the Fair
Debt Collection Practices Act. To speak with a attorney for a
completely free case review, contact
SmithMarco P.C.,/a>