A debt collector's sole purpose is to find a way to get your money. In their defense, if you owe, you need to pay, and if you don't pay, they have a right to call and ask you to pay. The problem, however, is that bill collectors too often cross the line and resort to unfair and illegal practices in an attempt to get you to pay. That's where you have help. The Fair Debt Collection Practices Act, or FDCPA, is there to protect you in situations such as this.
The purpose of FDCPA is to eliminate abusive practices and stop debt harassment. The FDCPA was passed by Congress to provide rules and guidelines to protect consumers from being harassed unfairly by debt collectors and to give consumers a means of contesting and verifying the accuracy of information about the status of their debts. A variety of restrictions exist under the FDCPA to prevent debt collection harassment. Knowing these restrictions can help you stop debt harassment if it happens to you.
Under the FDCPA, bill collectors may not contact a third party such as a relative, neighbor or your employer more than once if the third party does not owe the debt. They also may not discuss any of the details of your debt to third parties. Co-signers on loans may, however, may be contacted.
The FDCPA restricts where and when debt collectors may call you. They may not make repeated phone calls or call you at unreasonable time. This act considers unreasonable times to be before 8:00 A.M. or after 9:00 P.M. unless you have agreed to allow them to contact you at those times. Collectors may not call you at inconvenient places such as your place of employment. If a debt collector does contact you at work, you should request in writing that they cease. Your request should be sent via certified mail with return receipt requested.
Collectors may not threaten to garnish your wages, access a bank account, or repossess items without intending to actually do so and without going through proper, legal channels. Any threats of this nature are merely a bluff and are illegal. Other illegal threats sometimes used in debt collection harassment include going as far as threatening to arrest you if you fail to pay.
Any attempts to seek fees or interest payments that are not part of your contract with the creditor or permitted under the laws of your state are illegal, as well as using false claims to obtain information about you or your debt.
What should you do if you believe you are a victim of unfair debt collection practices? First, be sure you document all calls you receive from the debt collector. Also, keep any voicemail or answering machine messages left by collectors. Keep copies of any written correspondence, such as requests to cease contacting you at work. Then, contact a fair debt attorney who has the expertise to help you settle the case.