Simple Rules All Debt Collectors Must Follow

 

Back in the not-so-distant past, a debt collector could use any number of means necessary-short of violence- to obtain overdue funds from a debtor. For those not necessarily trying to avoid paying a bill, the stress due to lack of appropriate funds coupled with a harassing debt collector was undoubtedly overwhelming. 

Times have changed and for the betterment of those facing debt collection. In 1968, The Fair Debt Collections Act (FDCPA) was put into place to stop the harassment to consumers to simply collect a debt. While some laws and liability issues may vary from state to state in regards to the collecting of a debt, the FDCPA is a consumer’s best protection.

Debt collectors have a laundry list of practices they are explicitly forbidden from doing. A consumer would be best to familiarize him or herself with the laws should harassment from a debt collection become and issue.

According the Fair Debt Collection Practices Act, debt collectors are not allowed to do the following:

* Call before 8 AM or after 9PM in the time zone the debtor resides. * Call the debtor’s place of employment after a verbal or written notice that personal calls are not allowed. * Call the debtor’s home after written notice has been delivered to cease communications. However, the debt collector may call to give notice to a change in the case, such as being taken to court. * Call other people to get information about the debtor. Further, details concerning the call can not be disclosed to the third party. * Use means of harassment in order to secure the debt. Examples of harassment include: the use of obscene language, threats of violence, repeated phone calls to annoy the debtor, or publish the names of those owing money.

A company that is owed a debt and has not received payment or other arrangements will eventually use a debt collection company to secure the past due balance. While the company is entitled to be reimbursed for the services that were provided, the consumer still has rights as well. Understanding the Fair Debt Collection Practices Act and its protection for the consumer should alleviate the stress that comes with owing a debt. No one likes to be called for debt collection. Imagine if harassment was still an accepted practice?

If you are being harassed by a debt collect, contact one of our fair debt lawyers today!

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