Monday, December 27, 2010

Three cards of the Fair Debt Collection Practices Act makes it illegal

The Fair Debt Collection Practices Act (FDCPA) is a source of many protections for unscrupulous debt collectors for people who owe money. As he often reminds me of what the law is so powerful that, in addition to some illegal activities in the list, the FDCPA even more generally, makes any misleading or unfair collection practice illegal oppressive. At the heart of this article, however, there are three specific waysof communication designed to embarrass the debtor.

When debt collectors are looking for you

Under 15 USC § 1692b, a debt collector in search of a debtor must be identified by name, but does not mention his employer unless specifically requested. No one can say that the consumer has a debt, and can not communicate more than once by any person unless requested to do so or that the debt collector reasonably believes that the previousReply to this person is erroneous or incomplete and the person who is now the location information accurate and complete.

This part of the law is clearly intended to end the practice of harassing and annoying people collectors all over the debtor to the reports of the damage and to create social pressure on the debtor.

Debt collectors can not communicate at reasonable times

Debt collectors are not allowed to communicate with consumers "on anyunusual time or place "and at the time or place known to be inconvenient to the consumer. Unless the collector knows the consumer is really an unusual time, you can not call before 8:00 am or after 9:00 pm local time consumer. 15 USC Sec. 1692c (a).

If you have been contacted for the job, then you should inform the collector that it is "an inconvenient time and place for communications. It is also specifically illegal for a collector to call at workif he knows or has reason to know that the employer prohibits the consumer receives the personal communications. If you work a night shift, you must tell the conductor what time is not convenient for you. Obviously, it makes sense to contact the debt collector in writing, although not required by law, and to make a record of all communication is born outside the hours specified.

Debt collectors can not communicate with thirdExcept in limited circumstances

Collectors are not allowed to talk to others about their collection efforts other than as permitted (with respect to the results) unless you give your consent, or unless a court gives this permission. However, allowed to speak with his attorney, a relevant consumer agency and the creditor and his lawyer. The big exception is the "post-judgment judicial resources." If the debt collectorobtain a decision, request the seizure of wages or bank accounts, and permitted that efforts are "reasonably necessary" to obtain these funds. 15 USC sec. 1692c (b).

I think this section precludes debt collectors from harassing people who refuse to give information about their stay or to cooperate in other ways. Again, the existing prohibition to prevent damage from rampant consumer reports with others.

The rights grantedFDCPA

If debt collectors engage in any of the prohibited acts mentioned above, are violating the Fair Debt Collection Practices Act for information on what to do if this happens, please visit my website or consult a lawyer.

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