Sunday, January 2, 2011

Fair Debt Collection Practices Debt

The purpose of the law, passed in September 1977 was to eliminate abusive debt collection by debt collectors and to promote consistent State action to protect consumers against debt collection abuses and violation of individual privacy.

The Fair Debt Collection Practices Act sets out specific guidelines for the following:

1. AcquisitionInformation [Sec 804]

Any debt collector seeking to acquire information on the location of a consumer identifies himself and his purpose correctly and if necessary disclose his employer. At no time during the survey process was a collector or imply that the consumer has no debt, amounting to the violation of individual privacy. Once the investigation process is completed, all correspondence will be followed by the prosecutor thatconsumers only.

2. Communication with consumers [§ 805]

The collector may not contact the consumer at any time or place, which is known to be an inconvenience for consumers. If the collector has information that an attorney representing the consumer, then any communication with the consumer should only be done if the lawyer does not respond to the statement of the collector.

3. Abuse or harassment of consumers [§ 806]

A debtcollector may not engage in any conduct the natural consequence is to harass, oppress, or abuse any person in connection with the collection of a debt. A collector may not resort to acts of violence or threat, to require consumers to require the collector.

4. Misrepresentation credit [Sec 807]

A debt collector may not use any misleading, false or misleading representation or means in connection with debt collection. The collector can not in any way represent or imply that non-payment of debt means the arrest or detention of any person or the seizure seizure, or sale of any property of any person unless such action is legal and "debt collector or the creditor intends to carry it out.

5. Debt Validation [Sec 809]

Within five days after the initial communication with a consumer,> Collector to offer their customers a written notice containing the exact amount of the debt, the creditor's name and the date payment is due.

6. Civil Liability [Sec 813]

Any debt collector who fails to comply with a provision of this Act is liable to such person an amount equal to the actual extent of damage to the consumer and may be required to charge the consumer work of the defendant's costs and reasonable attorneys' fees in connectioncosts.

The Fair Debt Collection Practices Act provides guidelines for all types of debt collection. For all collectors of debt, both internal or collection agencies, you must understand the act and stay within the limits allowed by law. The Fair Debt Collection Practices Act has enough provisions for collection agencies and services to help you get theexpenses of debtors legally.

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