November 29th, 2009 Get the Power of the FDCPA on Your Side
The Fair Debt Collection Practices Act (FDCPA) is a section of the US Consumer Credit Protection Act. The FDCPA limits how bill collectors conduct business and defines consumers’ rights in dealing with bill collectors. It also assigns penalties and remedies for when bill collectors violate these rights.
You can learn more about the Fair Debt Collection Practices Act – FDCPA – and how it protects you from debt harassment by visiting FairDebtHelpers.com for a free evaluation of your case by an experienced fair debt attorney.
First, the FDCPA limits the ways that bill collectors can contact people. It is illegal to call before 8 am or after 9 pm. It is also illegal to call places of employment after being told that the employer doesn’t allow it. Debtors must also be informed that they can dispute the debt.
Upon receiving notification of the right to dispute the debt, the consumer may request verification of the debt within 30 days. The bill collector’s response must contain the amount owed and the creditor’s name and address. They may not threaten legal action that they don’t intend to do, or are not allowed to do.
A consumer who becomes the target of a bill collector may send a written request to cease communication. This request is known as a “drop dead letter.” Upon receiving this request, a bill collector is required to stop communicating with the consumer, except through litigation. They also may not communicate through post card or identify a debt collection notice on the envelope.
In bad cases of harassment, attorneys get involved in debt collection issues. If the case does go to court, it must be either where the consumer signed the contract, or where he or she lives.
If a person has a good case under the FDCPA, the person being harassed can threaten to sue. In some cases that is enough to change the behavior of the debt collection. Such action may also lead to the debt collection agency writing off the entire debt in order not to be sued and possibly lose their license.
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 – http://www.fairdebthelpers.com