Fair Debt Collection Means Following The Rules
Did you ever feel as if you were unfairly losing a battle with a debt collector
? If so, you may not be aware of the legal arsenal available to you.
Debt collectors must play by a strict set of rules and the rules are dictated by a 1977 law called the Fair Debt Collection Practices Act. This law was put into place as a response to "abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many collectors."
The rules address unsavory debt collection tactics and can be placed in five general categories - acquiring information, communication, harassment, false representations, and unfair practices.
Acquisition of Local Information
This deals with attempts by a bill collector who communicates with a third party in order to learn where a consumer (person who owes a debt) lives and the consumer's telephone number and place of employment.
There are a number of rules which bill collectors must adhere to and there is not too much wiggle room for getting around the rules. For example, a debt collector must identify himself, state the purpose of the telephone call, and can only identify his employer if asked. He cannot mention any debt.
Contact With Consumer
Without the prior consent of the consumer or judicial permission, a debt collector can generally only attempt to speak with the consumer between 8 a.m. and 9 p.m.
Generally, a bill collector cannot talk to the consumer's attorney or with the consumer at her place of employment. In addition, with certain exceptions, a debt collector must stop communicating if the consumer states, in writing, that she refuses to pay a debt or wishes no further communication.
Harassment or Abuse
A debt collector cannot conduct herself in a manner that constitutes harassment or abuse.
The law gives examples of such conduct and the examples do not limit the application of the prohibition. A collector cannot use or threaten the use of violence. He cannot use obscene or profane language. He also cannot make repeated telephone calls to the consumer.
False or Misleading Representations
A debt collector cannot make false, deceptive, or misleading representations in connection with the collection of any debt.
The ban includes a number of practices that particularly irked the sponsors of the law, including the following - a collector cannot state that she has any connection with the federal government or any state; she cannot make a false representation regarding the character, amount or legal status (think statute of limitations) of a debt; she cannot falsely claim to be an attorney; and she cannot make any representation regarding possible arrest, incarceration, seizure, garnishment or attachment unless such action is lawful and the debt collector or creditor intends to pursue such action.
Unfair Practices
A debt collector cannot use "unfair or unconscionable" means to collect a debt. The law gives examples of such practices but they are not meant to limit the general application of the prohibition.
For instance, it is a violation to collect any amount unless it is expressly authorized by the agreement creating the debt or legally permitted. There are also strict rules concerning postdated checks.
A consumer cannot reasonably expect to know and understand all the rules regarding fair debt collection. Consequently, it is advisable to seek professional assistance in most battles against a debt collector.
by: Sergei Lemberg
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