Fair Debt Collections Practices Act
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Dealing with a constant barrage of debt collectors’ calls can take a toll on you, especially if they get nasty, personal and threatening. As a consumer, however, you have rights and collectors cannot cross the line by intimidating you. The Fair Debt Collection Practices Act (FDCP) was enacted to protect consumers and prevent collectors from implementing abusive, unfair or illegal methods to collect their debt.
Knowing your rights is important to reign in abusive tactics used by collectors. Collectors count on their debtors not knowing their rights and thus continue to get away with illegitimate methods to collect.
Deceitful Identification
If a collector claims to be somebody he is not, such as a law enforcement officer or from a government agency, this is considered to be deceitful and outside of the legitimate bounds of fair debt collection.
Violent Threads
Any threat to use physical force or violence against you or your property and also any libel or other defamatory statement should keep you on high alert. These actions constitute a violation against permissible collection methods.
Confidentiality
Collection agencies cannot discuss your case with outsiders without your consent. Your lawyer or consumer reporting agencies are the only entities that your information can be communicated with.
Accommodation
If it is necessary to communicate often or meet with you, the agency must accommodate you. Collectors cannot call you at any hour or demand to meet where travel distances are unreasonable.
Violation of Professional Boundaries
Collection agencies must not call you at your work place. All calls should give you the flexibility to discuss these personal matters in the privacy of your home.
These are some of the most common violations by debt collection agencies. The FDCPA keeps a close eye to ensure that such practices are not used. If you can demonstrate that any of these violations have occurred, you can press charges for punitive damages.
