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Sunday, January 18 2015

The Fair Debt Collection Practices Act (FDCPA) is a law which protects consumer rights from unfair and unethical debt collection practices.  This law can be very helpful to consumers in stopping collection company harassment and abuse.

 

One benefit of this law is that a consumer can stop any collection company from contacting them by phone and or in writing.  All you need to do is prepare a “cease and desist” letter to get the creditor to stop contact.  (In our next email we will include a cease and desist letter you can use for this purpose.)

 

Some other restrictions from the FDCPA include:

  • A creditor cannot imply that many people are involved in the collection of a debt, if only a few employees really work for the company.
  • Cannot threaten to collect or sue for “collection costs” including attorney fees and non-pre-arranged interest.
  • Cannot threaten to sue or take any legal action against you unless the threat is followed through 
  • Cannot pretend they are legal counsel or an attorney when they are not
  • Cannot falsely claim that the debt, if left unpaid, will be moved to an attorney or other debt collector

These are a few of many restrictions the FDCPA puts upon debt collectors.  Knowing these rights will help you deal with these unethical debt practices in the future and stop creditor harassment.

 

Any of these violations can lead to a potential lawsuit, and can help you have the negative account agreeably removed from the credit report.

Posted by: Kevin Foster AT 03:29 pm   |  Permalink   |  0 Comments  |  Email
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