What you need to know about the Fair Debt Collection Practices Act

| Jan 13, 2021 | Uncategorized |

Receiving a call from a debt collector can be unsettling. Worrisome thoughts may begin running through your head. The stress is compounded if the collection agency is aggressive or forceful.

In moments like these, it’s important to remember that creditors have rights. Debt collectors must comply with the Fair Debt Collection Practices Act (FDCPA) when attempting to collect payment from a creditor.

The FDCPA is a comprehensive statute that governs collection practices and establishes certain guidelines that collection agencies must follow when engaging with a creditor.

Prohibitions under the FDCPA

As many of us will encounter a debt collector at some point in our lives, it’s important to be familiar with some of the FDCPA’s basic principles, including:

  • Time restraints: Debt collectors can only call between 8 a.m. and 9 p.m. This prevents late night or early morning calls intended to disrupt sleep.
  • Annoyance: Debt collectors cannot call a creditor repeatedly throughout the day. The FDCPA prohibits this kind of badgering.
  • Physical and verbal harm: Debt collectors cannot make threats against the creditor or their family members. They’re also prevented from using abusive language when communicating with a creditor.
  • Contacting family and friends: The FDCPA allows collectors to speak with family members and friends as a means of getting in touch with the creditor. However, they’re not allowed to disclose that the creditor owes a debt.

You don’t have to suffer in silence

Being harassed by a debt collector can be a terrifying experience. You may fear for your well-being and that of your family. However, it’s important to remember that creditors have rights and they don’t have to endure abuse in silence. An experienced creditor harassment lawyer can put an end to the intimidating phone calls and threatening messages. If the abuse continues, they can take the collection agency to court and seek the assistance of a judge in resolving the matter.

 

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