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.
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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


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