Debt Relief and Stopping Collection Agency Harassment

In 1977, the Fair Debt Collections Practices Act (FDCPA) was passed to protect debtors from any illegal or harassing methods collection agencies used in pursuing consumers who owe money tot heir creditors. The FDCPA placed a number of regulations on collections agencies in terms of what they are allowed to due to collect the debt. This article provides consumers with a detailed overview of those regulations in addition to informing these consumers what their rights are under the FDCPA. Here is what these agencies are allowed and not allowed to do when collecting a debt:

Collection agencies and contacting the debtor:

What they can do: Contact in you in person, over the telephone, by fax, by email, or traditional mail. If you have an attorney, the agency must contact the attorney to discuss your case. If you do not have an attorney, the agency is allowed to contact a third party. However, they can only contact a third party to find out where you live, your phone number, and where you work. Any other information is prohibited from them if they are in touch with a third party.

What they can’t do: Contact at you during “inconvenient” hours. Agencies are not allowed to contact you before 8 a.m. or after 9 p.m. unless you the debtor have agreed to let them do so. In addition, agencies are not allowed to contact you at work if they know the particular employer or company doesn’t want them calling.

Written notice:

What they must do: After the collection agency has contacted you at any point, they must send you a written notice that states the creditor you owe, how much it is that you owe, and what you can do if you believe you do not actually owe any money or the amount shown is not accurate.

If you don’t actually owe:

Once a collection agency has sent you a written statement of the information discussed above, you have 30 days to respond if you do not owe the money. If you respond to them in writing stating that you do not actually owe the debt within that time period, the collection agency can no longer contact you to collect that debt. However, if they send you a statement that provides evidence that you do in fact owe, then the collection process may continue.

Collection practices:

What they can’t do: Mainly, collection agencies are prevented from taking any harassing or abusive measures to collect a debt. They cannot threaten you with violence or harm in any way. They cannot lie or make misleading statements to you in order to collect the debt. In addition, they cannot have you believe that they are an attorney or any other official other than a collection agent. They cannot claim that you have broken any law or that you will be arrested for not paying the debt back. And finally, they certainly cannot lead you to believe that you owe more than you actually do or provide you with false information regarding your accounts.