Fair debt collections

The debt collectors are well known for their sneaky tactics they apply to collect debt from the customers. Many collectors just get away with their underhanded tactics because most of the customers are unaware about the laws dictating how the creditors can deal with them and how they cannot and how they can collect their money from you.

The Fair Debt Collection Practice Act also known as FDCPA is a federal law that governs the actions of parties working as credit collectors for personal debts like auto loan, home loan, medical bills and your credit card accounts.

Things not allowed to credit collectors under FDCPA act

When your creditor uses some third party to collect debts from you, that third party is bound to work according to FDCPA rules. There are many things that credit collection agency cannot do under FDCPA rules

• Calling you before 8am or after 9pm


• Making call to you at work


• Abuse, oppress or harass you


• Lie to you or try to imply that you have committed a crime


• Using unfair ways to collect debt from customers


• Hiding their identity on the phone


• Ignoring your request about stopping further contact

Communication Guidelines to follow

The law also makes it clear how the debt collector will communicate with the customer and other people. The FDCPA has given some guidelines according to which the debt collector has to behave with the person except the debt collector. The debt collectors are refused to inform about your debt to any anyone except you and your spouse. Even they are not allowed to call you owe a debt.

The debt collector is also not allowed to communicate with you via post card or some symbol or language used on an envelope that shows that they are debt collector. And once the debt collectors are aware about the fact that you are being represented by an attorney and have the contact information, they have to communicate with attorney.

Debt collector cannot use any form of harassment or abuse while trying to collect debt. They are not allowed to use any form of violence against the debtor, their property or their reputation. With this, the debt collector is not allowed to use obscene language while communicating via phone or mail with the debtor. Even the collection agencies and their collector cannot publish a list of customers who haven’t paid their debt except while sending it to consumer reporting agency.

What to do when your rights are being violated

In case your rights are being violated under the FDCPA act; you can file a lawsuit against the debt collector within a year from the date of violation. You could get up to $1,000 in addition to actual damages and attorney fees.