Debt Collection Tactics Are Constrained By The FDCPA
The Fair Debt Collections Practices Act (FDCPA) is a Federal Law that was enacted in 1978. The FDCA was invented to counteract unethical bill collection practices. The passing of this act was necessary to attempt to eliminate the abusive practices that consumers are often subjected to by debt collectors. These abusive practices are an invasion of privacy, can cause many problems and are thought to have contributed to the high number of personal bankruptcies filed by consumers.
It is not out of the ordinary for people who fall behind on their debts to have to deal with debt collectors. If the debt is legitimate, the bill collector has every right to contact you to resolve it. What they don't have the right to do is harass you or to do things which are against the law. Sometimes bill collectors will resort to extreme tactics to collect money from consumers.
Such tactics include harassing debtors by repeatedly calling them, and embarrassing them at work by contacting their employer. Bill collectors have also been known to harass debtors by calling at all times of the day and night when this is against FDCPA law. Actually, bill collectors are only permitted to contact you between 8:00 am and 9:00 pm. Debt collectors will even threaten to sue you even when they are not a lawyer, or will falsely tell the consumer that a lawsuit is in progress knowing that this is not the truth.
All of these practices are common with bill collectors, but they are also against the FDCPA law and are considered debt harassment. The debt collector is hoping that you are not aware of these laws so that they can continue to use any means necessary to get you to pay the debt. This is not fair to debtors. However there are things you can do to stop debt harassment.
If you have an attorney, you can tell the bill collector to make all inquires about the debt through your attorney. Once you tell the bill collectors this they can no longer contact you and must contact your attorney. If you don't have an attorney and wish the bill collector to stop calling you, you can send a letter stating this. Make sure you make your statement emphatic.
Once the bill collector receives this written notice they can only contact you one additional time to inform you about any specific action they intend to take in regards to the debt. If the bill collector violates any FDCPA law you have the right to sue them within one year of the date of the violation. If you win you can receive up to $1000.00 plus any out of pocket costs associated with the violation. You may also be eligible to receive court and attorney fees.