FREE CREDIT COUNSELING-What Constitutes A Violation Of The "FDCPA"? and what can you do about it.

The Fair Debt Collection Practices Act may be one of the best consumer protection laws ever written. Passed in 1977, the reason for passage may surprise you though, it was due to a dramatic increase of Bankruptcies, filed by consumers who saw no other way to stop creditor harassment. So much for altruism. Regardless, the law still protects many consumers from collection harassment today.

So, here is the big question. What exactly constitutes creditor harassment under the law, and what specific things would an Attorney look for, if he or she was going to file a suit against a collector for violations of the act?

To keep it simple I will provide the list and follow each item by a brief explanation. Here is the list:
- Discussed my debt situation with someone besides me.
This is a big no no. The law states that a collector may call someone he or she believes may know your whereabouts only 1 time. They may not under any circumstances say why they are asking for your whereabouts, period. That means they cannot say things like, Do you know where your dead beat neighbor is? -

Called before 8am or after 9pm.
This one is pretty self explanatory. -

Called me at work.
This one requires further clarification. If the debt collector calls you at work, they may not say why they are calling to anyone else. If you tell the collector, that you cannot receive these calls at work, then if they still call you their, then they have violated the act. If the collector sends you something in the mail at work, it must be narked personal and confidential, it must not say "this is an attempt to collect a debt". -

Harassment, abuse, profanity, threat of violence
Believe it or not, their are still some individuals out their who will use threats, and profanity,and intimidation tactics to get you to write a check to them. Any type of what I would call heavy handed tactics are against the law. These include but are not limited to, we will report you to the police, have you arrested, are sending the Sharif over, and plenty more, just use your imagination. -

Claimed to be an attorney or represent an attorney
This one is interesting because I am sure, some of you have received collection letters that read like they are from an Attorneys office, or an actual Attorney. Then, somewhere in small print say that no attorney has reviewed the case or matter. This is because a debt collector, someone who may have purchased your debt, is trying to collect, no real Attorney is involved, at that point. If they do not put the disclaimer on, then you can go after them. -

Claimed to represent a state or federal agency.
Yes, some collectors still do this. -

Threatened me with arrest or imprisonment for non-payment
This violation usually comes from a waco who has been hired by a debt collector on some type of commission structure, and is really just an out and out despicable person. It is definitely a violation. -

Threatened to take illegal action.
This one is pretty much covered above. -

Accused me of committing a crime for not paying my debt
It is not a crime to not be able to pay your debts. Things happen, that even the best intentioned individuals cannot avoid. -

Accepted post dated checks.
This is an old boiler room tactic. They put pressure on you, then give you an out, by getting you to write post dated checks. The proper approach would be for them to draft an agreement with you, in which you agree to pay x dollars per whatever period, then if you default they are back to square one. Acceptance of post dated checks is against the FDCPA, and considered an abusive practice.

Sorry this post is so lengthy but you need the facts. Here is the the bottom line. If you believe you have been a victim of these violations by a Debt Collector, then you absolutely, should take them to court. You do not need a lawyer, you will just need the best documentation you can muster. You can bring suit for each violation, of 1000.00 dollars per occurrence.

As a final note, their is a Debt Settlements program that actually provides an expert FDCPA Attorney to sue on your behalf, for the above violations, while you are in the Settlements program. And, if they recover damages, you get half the money.

If you enjoyed this article, please feel free to subscribe to our FREE CREDIT COUNSELING NEWSLETTER.

As a final note, I have to let you know that I am not an Attorney, nor do I play one on TV. This article is for Legal Information Only.

Written By:
Steven Ciantro
Certified Credit Counselor
American Debt Enders
877-766-2465
help@americandebtenders.com

Comments

[Myrina Stein]

Hi,
I am Myrina Stein a financial writer. I write on several finance related topics like debt, credit, loans, insurance, investment, real estate, bankruptcy and so on. I came across your site freecreditcounselingblog.typepad.com while surfing through the internet to find a suitable blog for writing articles. It is highly resourceful with rich and nice contents and has a vivid presentation. I must appreciate your hard work and wish you good luck.

I was wondering if you can allow me to write for your blog. I assure you to provide you an absolutely unique but relevant article so that it proves to be useful to your readers. I wish you consider this proposal and will wait for a reply from you.

Please feel free to get in touch with me regarding this any time if you are interested. Reach me at, myrina[dot]stein[dot]888(at)gmail[dot]com

Looking forward for a positive reply.

God Bless,

Myrina Stein