Home | Leadership Roles | Finance
The Fair Debt Collection Practices Act, also known as the FDCPA, is a federal stature designed to protect consumers against abusive debt collections activities and to support fair debt collection activities. The FDCPA also provides consumers with a straightforward route in challenging the accuracy of the debts and ensuring that the information concerning the debt is correct. Due to the unscrupulous and harassing behavior of bill collectors, the federal government needed to step in to stop debt harassment against consumers. Many bill collectors practiced debt collection harassment tactics such as calling consumers repeatedly, often early in the morning or late in the evening, threatening to call the consumer's place of employement, parents, children, friends, or other third parties about the debt, using profane and threatening language with the consumer, or threatening to harm the consumer or dispose of their property in order to satisfy the debt. The FDCPA now protects consumers against these threatening debt collection practices. Debt collection harassment practices include calls before 8am and after 9pm during your time zone and bill collectors who fail to identify themselves. Bill collectors must state that they are obtaining or confirming information to locate the consumer and must not disclose information to a third party concerning the debt. They must not contact the debtor's place of employment after being asked not to do so and must not contact the consumer after being told that the consumer has retained an attorney. Profane language, calling repeatedly, threatening to use force or harm against a consumer is prohibited. Bill collectors cannot threaten to dispose of the consumer's property or possessions, or say they can sue the consumer when the bill collector is not an attorney. Threatening garnishment, imprisonment, or attachment if the debt is not satisfied is not allowed. There are now rules that stop debt harassment and anyone disregarding those rules can face legal action from the consumer and a lawyer. The FDCPA has set forth the following practices designed to reduce debt collection harassment. Bill collectors must identify themselves each and every time contact is made with the consumer. They are required to provide the name and address of the original creditor when requested in writing by the consumer. Bill collectors must inform the consumer of their right to dispute all, or part, of the debt. They must process the consumer's request for verification of the debt and provide the requested information or cease and desist collection efforts. File a lawsuit to collect the debt only in the jurisdiction where the contract was signed or where the consumer currently resides Thanks to the FDCPA, consumers now have protection to stop debt harassment by bill collectors. The FDCPA also gives consumers recourse if they feel they have had contact with bill collectors that have used debt collection harassment. It is best to contact a skilled lawyer to ensure that the consumer retains all rights and is able to recover all damages to which they are entitled.
Nick Messe is president of The Lead Frog LLC. Learn more about the Fair Debt Collection Practices Act - FDCPA - and how it protects you from debt harassment. Visit FairDebtHelpers.com for a free evaluation of your case by an experienced fair debt attorney.
Article Source: http://www.leadershiparticles.net
Business Book Summaries - Here's a free sample of what you get if you sign up for the Brevity Small Business Club. I signed up. Let me know what you think...
Amazing FREE Leadership Tips - Discover the Secrets of a Trusted Leader
Leadership Development – 101 Reasons to Lead FREE Report
Copyright © QuadWest Associates, LLC All rights protected. Article Directory Use of our free service is protected by our Privacy Policy and Terms of Service
Powered by Article Dashboard