Learning About the Fair Debt Collection Practices Act



In most cases, lenders allow a debt collection agency to take over the collection of debts that are long overdue. Unfortunately, some debt collectors resort to unfair tactics to force a consumer to pay. As a borrower, you don’t have to put up with such unfair treatment from debt collectors.

According to The Fair Debt Collection Practices Act (FDCPA), debt collectors must follow certain rules when collecting debts from borrowers. If you feel that your debt collection agency is committing a violation of the FDCPA, do not hesitate to file a complaint to the FTC (Federal Trade Commission) and to State Attorney General’s office. What provisions for borrowers are listed in FDCPA? Here are some of them:

The notification provision. Before proceeding with the regular debt collection, the collection agency must first send the borrower a notification regarding the transfer of the collection. The borrower must also receive a complete list of his/her rights in reference to the FDCPA.

The right to dispute. If you think that the charges in your account are incorrect, you have the right to dispute them within 30 days upon receipt of your bill. Send a dispute letter to your creditor through registered mail and explain the details of your complain. Upon receiving your letter, the creditor in question must start an investigation. Consequently, all collection activities must be stopped until the issue has been cleared.

The right to privacy. Debt collectors cannot disclose details about your debt to anyone except the borrower. Not even your relatives, friends, or employer should be questioned regarding your finances. Also, any attempts to contact you by phone can only be done between the hours of 8am to 9pm. Debt collection notices must be sent in a sealed envelope, not postcards. Furthermore, your name cannot be put on a public listing to force repayment.

The right to know truth. Debt collectors must never use false entities to disguise themselves. For instance, a debt collector cannot introduce himself as a representative of the FTC, a government prosecutor, etc. Debt collectors must not use lies to threaten the borrower to take fast action.

The right to respect. All borrowers- regardless of how large their debt is- deserve to be treated with respect and dignity. Debt collectors must never speak to you using abusive language, threats, name calling, and any form of harassment. You can also send a letter to your debt collector to stop its collection. However, this doesn’t exempt the borrower from the responsibility to pay his debts. You are still under the obligation to pay your creditor even if debt collection activities have been stopped.

Copyright © 2008 Consolidate4Free.com

About the Author

Andrea Smith is a writer and consultant with Consolidate4Free.com and has been providing consumers and business owners with Free Debt Consolidation Advice since 1990. For years she has helped people with loan and credit problems especially pertaining to Debt Consolidation and Credit Card Debt Consolidation. Copyright 2008.