Showing posts with label Available. Show all posts
Showing posts with label Available. Show all posts

Wednesday, March 16, 2011

What tools are available to consumers in the Fair Debt Collection Practices Act?

The Federal Fair Debt Collection Practices Act (FDCPA) is a set of laws that protect the privacy of the debtor and protecting them from abusive practices, such as being harassed by debt collectors. The FDCPA is applied by Federal Trade Commission (FTC), and sets the national standard for collection agencies.

If you are unfamiliar with the Fair Debt Collection Practices Act,The following are common questions and answers on the law that covers the main features to help improve understanding of the debtor's rights and collection agencies.

• Can a debt collector contact by telephone? However, there are some restrictions. For example, a collector can


I'll call you before 8 am or after 9 pm unless the collector is not allowed.


Call constantly


Cause you pay for telegrams or accept collect calls, or pretend to be someone who is not


Use the phone to harass, make threats, use of obscene language or make negative comments about your personal lifestyle, or moral decisions.


Please contact us if you have an attorney. You should only communicate with counsel

• Can a debt collector threatening to sue me? If not an empty threat only for the purpose of bullying isto pay the debt. For example, a debt collector is not allowed to threaten with violence or tell you that going to garnish your wages or sell your property, if this is illegal, etc. However, keep in mind that an agency Debt collection has the right legal action against you to collect a debt.

If a creditor decides to send my account to a collection agency or credit agencies are obligated to inform this decision ahead of time?Under the FDCPA, there is no rule that says you must first be notified. However, the law may be different depending on the state you live in, as some states require the creditor to the debtor before acting. Therefore, to investigate the state laws relating to debt collection.

• Can a debt collector contact me by phone before you contact me in writing? If a collection agency has the opportunity to contact by phonefirst if you want to do so. However, within 5 days of the call, the collector must send a written notice of a debt. This notice is required to say how much money you owe and the name of the creditor to obtain payment. The written notice is also required to inform you of how to file a dispute, if you do not agree that it is a debt.

Do I have to deal with phone calls from a debt collector? No. You have theright to request that the collector stops making any contact with you. This can be done by phone and / or a letter known as the "cessation of communications." It is strongly recommended to write the letter because, if needed, this gives the proof that you ordered a cessation of communication.

Note that after applying, the collector has the right to contact you again to inform the user (notthreatening to you) of what action, if any, they intend to collect the money owed. Just remember that this action stops only to call the collector does not stop the process of debt collection.

Finally, in any case, a debt collector allowed to lie about who they are, the amount of money owed, or submit false documents to those who are accused of a crime. We must also say your name and the name of the agency they are calling on behalfof.

Due to the fact that the FDCPA is the best protection against debt collectors, be sure to read the law, as well as learn about the debt collection laws for specific states provided the best protection.

Do not forget, you never have to endure threats or harassment by a debt collector. Therefore, if you refuse to stop calling you, report to the Federal Trade Commission. You can also researchowner of a phone number to see if you can find more information about the individual who is included in its complaint with the FTC.

Sunday, January 9, 2011

What Consumer Tools are Available in the Fair Debt Collection Practices Act?

The Federal Fair Debt Collection Practices Act (FDCPA) is a set of legal guidelines that protects a debtor's privacy, as well as protects them from abusive behavior such as being harassed by debt collectors. The FDCPA is enforced by the Federal Trade Commission (FTC), and sets the national standard for collection agencies.

If you are unfamiliar with the Fair Debt Collection Practices Act, the following are common questions and answers about the Act that will cover its main points to help improve your understanding of the rights of a debtor and collection agency.

· Can a debt collector contact you by phone? Yes. However there are certain restrictions. For instance, a debt collector may


Call you before 8 a.m. or after 9 p.m. unless you have permitted the collector to do so.


Call you constantly


Trick you into paying for telegrams or accepting collect calls, or pretend to be someone they are not


Use the phone to harass you, make threats, use obscene language or make negative comments regarding your personal lifestyle, morals or choices.


Contact you if have an attorney. They should contact only the attorney

· Can a debt collector threaten to sue me? Not if it is an empty threat only for the purpose of bullying you into paying the debt. For instance, a debt collector is not allowed to threaten you with violence, or tell you they will garnish your wages or sell your property if this is illegal, etc. However, keep in mind that a collection agency has the right to file a lawsuit against you to collect a debt.

· If a creditor decides to send my account to a collection agency or credit bureau, are they required to inform me of this decision first? Under the FDCPA there is not rule that says you must be notified first. However, the law may be different depending on the state you live in, as some states require that the creditor notifies the debtor first before taking action. Therefore, investigate your state law pertaining to debt collection.

· Can a debt collector contact me by phone before contacting me in writing? Yes. A collection agency has the option to contact you by telephone first if it is there wish to do so. However, within 5 days of the call, the debt collector must send you a written notice of a debt. This notice is required to tell you the amount of money you owe, and the name of the creditor seeking the payment. The written notice is also required to inform you of how to file a dispute if you do not agree that you owe a debt.

· Do I have to put up with phone calls from a debt collector? No. You have the right to request that the debt collector stops making any further contact with you. This can be done over the phone and/or in a written letter known as a "cessation of communication". It is strongly recommended that you write the letter because, should you need it, this provides you with proof that you requested a cease in communication.

Keep in mind that after you make your request, the collector is entitled to contact you one more time for the purpose of informing you (not threatening you) of what action, if any, they intend to take to collect the money you owe. Just remember that this action only stops the collector from calling, it doesn't stop the debt collection process.

Finally, under no circumstances is a debt collector permitted to lie about who they are; the amount of money you owe; send you any false documents; or accuse you of a crime. They must also tell you their name and the name of the agency they are calling on behalf of.

Due to the fact that the FDCPA is your best protection against debt collectors, make sure you thoroughly read the Act, as well as know the laws regarding debt collection in your specific state to provide yourself with the best protection.

Don't forget, you never have to put up with threats or harassment from a debt collector. Therefore, if they refuse to stop calling you, report them to the Federal Trade Commission. You can also lookup the owner of a phone number here to see if you can find out more information about the individual that you can provide in your complaint to the FTC.