In the past, debt collectors used almost any tactic they deemed necessary to collect a debt. Some of the worst offenders used extortion, threats they couldn’t back up, or even lying to get consumers to pay. But all that changed when Congress enacted the Fair Debt Collection Practices Act. The law regulates how collection agencies and their debt collectors can interact with consumers and, more importantly, describes the rules they must follow when attempting to collect a debt.
The Fair Debt Collection Act has dramatically changed the lives of consumers and provided them with a level playing field when dealing with debt collectors. For example, if a collection agency crosses the line and uses illegal tactics when trying to collect a debt from you, you can contact an FDCPA attorney. If they inform you that you have a strong enough case, you can take them to court and sue them for damages. And if the judge takes your side, you may even have to pay court costs and attorney’s fees.
Any consumer who receives calls or correspondence from a debt collector should arm themselves with the facts and know the provisions outlined in the Fair Debt Collection Practices Act. These are just a few of the ways the law protects you from runaway debt collectors.
* A debt collector must identify himself as such when you call him and cannot pretend to be a law enforcement officer, a non-attorney, an official of the court, or anyone other than a debt collector.
* Collection agencies cannot expect you to pay a debt that you are not even sure is yours, and the burden of proof is on them. If you dispute the debt, they must provide proof that the debt is yours. Additionally, they must tell you the name of the original creditor, the amount of the original debt, as well as disclose any charges they added.
* The Fair Debt Collection Practices Act makes it illegal for a debt collector to harass you excessively by calling your home or calling their office if they have been told that you are not allowed to receive calls there. You have the right to contact an FDCPA attorney if the calls persist.
* You have the right to be spoken to in a respectful manner, and bill collectors are prohibited by law from degrading, insulting, threatening, or disparaging you, and that’s true even if you legitimately owe the debt.
* If you do not want the collection agency to contact you at all, you can send them a cease and desist letter, and they must stop all communication. That doesn’t mean they have to stop trying to collect debt, but it does give you peace of mind that you don’t have your phone constantly ringing or collection letters continually arriving at your home.
An FDCPA attorney can help you if you believe a bill collector has violated your rights. Don’t be a victim of manipulation by debt collectors. Instead, fight back with the Fair Debt Collection Practices Act.
