5 Ways the Fair Debt Collection Practices Act Protects You

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5 Ways the Fair Debt Collection Practices Act Protects You
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If you have been unable to make payments on your loans and credit cards, you have probably started receiving calls from debt collectors. It is understandable that they work for businesses that have an interest in getting the money you owe. However, the way they go about it needs to follow certain parameters established by the Fair Debt Collection Practices Act (FDCPA). This law, created by Congress, was put in place in order to forbid debt collectors from going overboard in the tactics they employ to get the money from you. The FDCPA establishes quite clearly what they can and cannot do when trying to collect and is designed to protect consumers like you from abusive collection practices. Read on to find five ways in which the FDCPA protects you.

1.No Abusive or Coercive Tactics

The FDCPA establishes standards of behavior that debt collectors must adhere to in order to collect any money from you.  This includes the fact that they may not use unfair, abusive, or deceptive tactics with you.  Any behavior that can be described as harassment is strictly forbidden. They are also banned from calling you if you have requested in writing not to be contacted by phone. And if you have legal representation, they must address their communication to your lawyer.

2. Communication Must Include Disclaimers

Prior to the establishment of the FDCPA, debt collectors used to mail you envelopes that did not disclose the purpose of the communication. Nowadays, a disclaimer should be clearly visible on the envelope stating that the correspondence it includes inside is an attempt to collect a debt. Not doing so means they are violating your civil rights.

3. No Threats of Violence

A debt collector must never threaten you with violence, they should never scream, use obscene language, misrepresent who they are, or insinuate that you are about to end up behind bars if you do not pay what you owe. Sending you to jail is not something they can do.

If any mention is made of legal action, it must be because they are actually in the process of filing a lawsuit against you.

4. You May Request Further Information About Your Debt

The FDCPA allows for what is called debt validation. It allows you to understand exactly how much your debt collector claims you owe and challenge the soundness of their claim. If the collector fails to respond in a certain way the activity against you must immediately cease. Your lawyer can help you if you are facing an aggressive collector.

5. Your Privacy is Protected

Debt collectors are not allowed to inform your coworkers, relatives, or friends about your financial situation nor give them any details about the money you owe. If you see this is happening, you should know that this represents a huge violation of your rights to privacy. The only information they may obtain from your acquaintances or relatives is how to get in touch with you. They should not discuss any details of your debt with anyone other than your spouse or yourself.

If you are dealing with debt collectors that have made your life miserable, it may be time to get in touch with a lawyer that can come between the collectors and you and will help protect your legal rights.

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