The Fair DebtCollection Practices Act
In times past, debt collectors used just about any tactics that they deemed necessary in order to
collect a debt. Some of the worst offenders used extortion, threats that they couldn't back up, or
even lies to get consumers to pay up. But all that changed when Congress enacted the Fair Debt
Collection Practices Act. The law regulates just how collection agencies and their debt collectors
are all allowed to interact with consumers, and more importantly, outlines rules that they must
follow when attempting to collect a debt.
The Fair Debt Collection Act has drastically changed the lives of consumers, and given them a
level playing field when dealing with debt collectors. For instance, if a collection agency crosses
the line and uses illegal tactics when trying to collect a debt from you, you can contact an
FDCPA attorney. If they advise you that you have a strong enough case, you can take them to
court and sue them for damages. And if the judge sides with you, they'll even have to pay your
court costs and attorney fees.
Every consumer who is receiving calls or correspondence from a debt collector should arm
themselves with the facts, and get to know the provisions outlined in the Fair Debt Collection
Practices Act. Here are just a few ways the Act protects you from out-of-control debt collectors.
* A debt collector must identify themselves as such when they call you, and cannot pretend to be
law enforcement, an attorney if he's not one, an official of the court, or anyone else other than a
debt collector.
* Collection agencies cannot expect you to pay a debt that you're not even sure is yours, and the
burden of proof is on them. If you dispute the debt, they must provide proof that the debt is
yours. In addition, they must tell you the name of the original creditor, the amount of the original
debt, as well as disclose any fees that they've tacked on.
* The Fair Debt Collection Practices Act makes it illegal for debt collector to harass you
excessively calling your home, or calling your office at all if you've told them that you're not
allowed to receive calls there. You have the right to contact an FDCPA attorney if the calls
persist.
* You have the right to be spoken to in a respectful manner, and the Act prohibits bill collectors
from demeaning, insulting, threatening or belittling you-and that's true even if you legitimately
owe the debt.
* If you don't want the collection agency to contact you at all, you can send them a cease and
desist letter, and they must stop all communications. That doesn't mean that they have to stop
their attempts to collect the debt, but it affords you the peace of not having your phone constantly
ringing or collection letters continually arriving at your home.