The Fair Debt Collection Act Summary

The Fair Debt Collection Act or the Fair Debt Collection Practices Act (FDCPA) exists to protect consumers from maltreatments or unduly practices of debt collectors and lenders. The Debt Collection Laws also outline the rules that a collection agency has to follow when they are trying to collect a debt from consumer debtors.

Have you been treated unfairly by collection agencies recently? Debt collectors are aware that the majority of consumers don’t know the laws they may use many collection tactics that oftentimes harass or invade your privacy. Luckily, there is a debt collection law that protects debtors from illegal practices of collection agencies and now it’s the best time to learn about the law.

The Fair Debt Collection Practices Act and Your Rights

The FDCPA states that debts will be handled fairly, both on the part of the debtor, and the part of the creditor who is trying to collect on the debt. The main focus of this law is on the ethical practices of debt collectors in the ways of collecting debts, where the utilization of unjust, offensive, or misleading actions are forbidden.

For creditors, the FDCPA gives them avenues to more easily get their money with various ways to collect their debt, such as various ways to find the debtor, and various ways to contact that person. It also helps creditors to set up fees to charge for late payments, and helps them to set up actions when debts are not paid.

For the debtors, the FDCPA helps you to not only pay your debt back, but make sure that you are being treated fairly. The law offers you different options and terms, which include extensions and lowered payments, so that you can pay back the debt that you owe.

How the Fair Debt Collection Act Protects You

You can only be contacted during normal business hours — after 8:00 am and before 9:00 pm local time. You can also be called at work but it should not cause undue interruption. If your employer asks them not to contact you at work anymore, they must listen to this as well.

If you send them a letter not to contact you again with a particular debt they have to abide by that request. They can only contact you again to tell you of any further action they will take to collect your debt. Also, when they choose to contact your friends or relatives, they are only allowed to ask for your contact info and are not allowed to show to them the nature of their business with you.

Collection agencies are not allowed to intimidate, pressure, or threat you when they are trying to collect a debt from you. This includes the use of abusive, impolite or insulting language, false statements or other unprofessional acts. They have to clearly state the exact amount of debt that you owe and correctly show their identity to you at the beginning of every conversation with you.

The FDCPA also states that a collection agency must help you understand your rights. If you feel you haven’t been informed of your rights then you should lodge a formal complaint against the company. To back up your claim, remember to document all of your conversations with the agency and keep a record of all of your correspondence.

You are Still Responsible to Make Debt Repayments

If you are struggling to pay back money that you owe, the fair debt collection act is something that you can rely on to make sure that you will be treated fairly by your creditors. Now that you know your rights are protected by the Fair Debt Collection Act it’s the time to find ways to pay off your debt quickly.

The best first step is to call your lenders or debt collectors to negotiate your debt payments. If you don’t try to hide away from them chances are they want to negotiate with you. Remember, the debt collection law protects you from unfair practices of collection agencies but you are still responsible to pay back the money that you owe.

Since they want their money they will want to work with you. Sometimes you will be able to discuss a suitable arrangement for paying off the debt. This solution will keep both parties happy as they’ll get their money back and you’ll be able to pay it back at a rate that is suitable to your budget.

The Fair Debt Collection Act Summary was last modified: April 13th, 2014 by Paul Sarwana