How To Stop Unfair Debt Collection Tactics

How To Stop Unfair Debt Collection Tactics

Getting harassed by bill collectors? Learn how to know when they’ve crossed the line and violated your consumer rights!

If you’re dealing with debt collectors who are using unfair tactics, there is a solution. The Fair Debt Collection Practices Act (also known as the FDCPA) was created to protect consumers from unscrupulous debt collectors. It also provides you with a way to challenge inaccurate information on your credit reports that are hurting your credit.

What Does the FDCPA Cover?

The FDCPA regulates debt collectors, who contact people who are behind on their payments. While consumers are obviously responsible to making payments on legitimate bills, failing to pay does not give anyone the right to harass you. The FDCPA does not prevent collection agencies from doing their job. But it does protect your right to be treated fairly while they do their job.

Typically the Act covers a situation where an outside agency is used for collecting a debt that you owe to another institution, such as a bank. If the bank is collecting the debt itself, the FDCPA does not apply, although some states have similar laws that regulate institutions that collect their own debts.

What Rules Must The Debt Collectors Follow?

Each time they contact you, the bill collectors must tell you who they are and why they are calling.

They must let you know about your rights to dispute the debt.

They must provide you with the name of the original creditor, upon request.

The debt collectors must provide verified written proof of the debt, upon request.

If they file a lawsuit, it must be in the place where you live or where you signed the original contract.

What Debt Collectors Can NOT Do To You!

They cannot contact you by phone after 9 pm or before 8 am (in your time zone).

They must cease collection activities upon written request (however they can still contact you regarding your status, such as their plans to file a lawsuit).

They must not harass you by telephone, for example by calling you over and over again.

They must not contact you at your job, upon written request.

If you hire an attorney to represent you, they must contact your attorney.

They cannot lie to you in order to trick you into paying.

They cannot threaten you with legal action, unless their is just cause.

They cannot use abusive language or profanity.

They cannot discuss your case with anyone who is not directly involved, such as your spouse, your attorney, or your employer.

They cannot list false information on your credit report.

Most debt collection agencies are honest, and don’t resort to any type of threatening or inappropriate behavior. But if they do, you have rights. Knowing your rights is your best defense! And with rights come responsibilities. So if you are contacted by a bill collector, don’t ignore the calls or letters. And don’t use the very tactics that the FDCPA protects you from, like yelling, using foul language, or making threats. Otherwise you may lose the very protection you need the most!

Debt reduction tips
Learn how to get out of debt faster and stop the debt collectors from bothering you!

By Kris Bickell Published: 2/21/2009

Popularity: 26% [?]

Filed under: Debt Collection

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