The Fair Debt Collection Practices Act (FDCPA) was originally designed to protect debtors against abusive actions taken by the collection services when pursuing a debt. There are numerous violations that may result in sanctions against the debt collector to pay borrowers or applied to account balances. Two of the most important prohibitions in communications with third parties and harassmentdebtors.
Throughout the history of the FDCPA, the court cases have defined what is and is not a violation of the law. Collection agencies and collection attorneys are types of firms receiving the most complaints from consumers if the Federal Trade Commission. The two most common complaints the FTC receives about collectors involving collection agencies harassment claims and pursue more of what you actually owe.
A series of recentdecisions in court cases have helped to realize some of the issues relating to harassment and collectors with third parties (as the brother of the debtor or a colleague). In many cases, the only defense against the debtor of such actions can be discovered numerous violations of law by collection agencies. Borrowers may have the money, but if the unit can not prove who owns the debt or has broken the law, to recover their debts may suffer severely.
In terms of communicationwith others in the collection account, debt collectors can not leave messages with family members of the debtor and demand that is transmitted through the third to the borrowers. Can not leave notices required can also be considered a violation of the Fair Debt Collection Practices Act.
collection debt firms and lawyers must also protect the borrower's information for sending lettersin the mail. The court held that a collector violated the FDCPA when it sent a letter to the debtor with a window of the envelope in which anyone can view information about the debt has been filed, including the creditor and the account number.
In addition, debt collectors are not allowed to talk or sell information to third parties not affiliated borrower. Collection agencies can not afford to make more money, even to take the personal data of debtors andsell them to marketing partners, poor credit cards, partner bank credit cards, and others. This would be a clear action to communicate with others, while collecting a debt.
Harassment is also a complaint against borrowers large collection agencies, as noted above. Collectors can call any time of day, at work, home, mobile phones and relatives of the debtor. While they are obliged to refrain from such communications, if informedlenders, collection agencies have been able to keep pursuing debts in violation of such laws. Repeated calls rude, threatening phone calls were a violation of the FDCPA.
For example, an agency debt collection agents had actually visited a house of the borrower to hand over documents in the case and scream out loud outside. Again and again shouted the name of the debtor and shouting things like "you need to get your ass here and open the door now" and "needgo out and get legal documents now. "One court has found this behavior a violation of the prohibition of harassment.
Debtors must also be attentive to the collection agencies to get things groping to admit both borrowers and the debt collector knows to be false. Although the personnel records of the collector has shown that payment was made, attempted, but the discovery process of the court for borrowers to admit that it was not. The court foundThis abusive behavior, unfair and unconscionable that a practice violates the FDCPA.
collection agencies to use a lot of deceptive tactics to pursue debts that do not even really his. It seems to be based on harassment, deception, and borrowers embarrassing to extract the money to keep them well. But once they meet a borrower willing to follow the theme and the challenges and practices of debt collection in the courts, the bailiffsare often in violation of federal loans. If you are collecting the debts are legitimate, why is it so difficult for these companies and lawyers to follow a simple law?
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