Understanding the Fair Debt Collection Practices Act

At its core, the Fair Debt Collection Practices Act (FDCPA) was designed to promote fair debt collection among creditors and collection agencies throughout the United States. In so doing, it simultaneously addresses the issues of abusive collection practices and provides a means for consumers to dispute and/ or obtain validation of debt information in their attempts to ensure that the information pertaining to their case is 100% accurate. In order to promote these goals to the fullest extent, a strict set of guidelines was created under which debt collectors and the agencies they work for are expected to abide. Specifically, the act stipulates the behaviors of conduct that will and will not be permitted when collecting on the debts owed by a person, addressing how business should be conducted as well as defining the rights allowed to consumers that are involved with debt collectors. Penalties were also created as a way to curb these types of problems from continuing further, and remedies for violations of the act are constantly being developed.

Covered by the governances of the FDCPA are the actions of debt collectors throughout the nation, particularly those individuals that play an instrumental role, either directly or indirectly, in the collection of debts owed by a consumer in the U.S. Under the definitions provided in the act, consumers and debtors are classified as those that engage in personal, household, and/ or family transactions of any degree; businesses in debt are not included in the act's protections. Specifically, the Fair Debt Collection Practices Act prohibits the following conduct:

• Creditors that disregard requests to have their communications with debtors cease
• Creditors that misrepresent or deceive debtors
• Creditors that call at inappropriate hours of the day, specifically those that call outside the time frame of 8 a.m. and 9 p.m. local time
• Creditors that attempt to communicate with third parties in order to collect on an individual's debt
• Creditors that use profanity in their communications with a debtor
• Creditors that report false or inaccurate information on a consumer's credit report
• Creditors that make attempts at communication with a debtor while the debtor is at work
• Creditors that purposefully take action to cause a telephone to ring off the hook
• Creditors that threaten arrest or legal action of any sort when the prospect is not truly under contemplation by any legal officials
• Creditors that continue to pursue a debtor that has obtained legal representation

Any and all of these acts are strictly forbidden among debt collectors in every state of the nation. When they are conducted anyway, the debtor may then be given permission to take legal action of their own. As stipulated by the FDCPA, collectors are not only permitted from behaving in certain ways, they are also expected to conduct themselves in certain ways. Included in the behavioral expectations of collectors are: identifying themselves for who they truly are and notifying consumers of their intentions; notifying the debtor/ consumer of their right to dispute the debt under collection; giving the name and address of the original creditor to the debtor now under scrutiny; and providing verification of a debt to the consumer that is now being pursued. The Federal Trade Commission holds authority over the administrative enforcement of FDCPA transactions. If you have grievances of any type that relate to the regulations stipulated in the Fair Debt Collection Practices Act, then you will need to involve both a legal professional and the Fair Trade Commission Act at once.

Heston Ciment is a bankruptcy law firm based in Texas. If you are currently struggling from debt issues of any nature, then you should at once contact an El Paso bankruptcy attorney from the firm for the experienced legal representation required of cases of this nature. With more than 75 combined years of legal experience to their names, associates at the firm have assisted with the cases of well over 5,000 clients in the state of Texas, many with abundant success. From credit restoration to debt settlement to creditor harassment defense, the firm is prepared to take on even the most difficult cases and work to obtain a positive outcome for the clients it services. Therefore, when you are in need of professional, reliable legal defense you should consider none other than an associate from Heston Ciment.

View the original article here

What Is the Fair Debt Collection Practices Act?

In times past, debt collectors used just about any tactics that they deemed necessary in order to collect a debt. Some of the worst offenders used extortion, threats that they couldn't back up, or even lies to get consumers to pay up. But all that changed when Congress enacted the Fair Debt Collection Practices Act. The law regulates just how collection agencies and their debt collectors are all allowed to interact with consumers, and more importantly, outlines rules that they must follow when attempting to collect a debt.

The Fair Debt Collection Act has drastically changed the lives of consumers, and given them a level playing field when dealing with debt collectors. For instance, if a collection agency crosses the line and uses illegal tactics when trying to collect a debt from you, you can contact an FDCPA attorney. If they advise you that you have a strong enough case, you can take them to court and sue them for damages. And if the judge sides with you, they'll even have to pay your court costs and attorney fees.

Every consumer who is receiving calls or correspondence from a debt collector should arm themselves with the facts, and get to know the provisions outlined in the Fair Debt Collection Practices Act. Here are just a few ways the Act protects you from out-of-control debt collectors.

* A debt collector must identify themselves as such when they call you, and cannot pretend to be law enforcement, an attorney if he's not one, an official of the court, or anyone else other than a debt collector.

* Collection agencies cannot expect you to pay a debt that you're not even sure is yours, and the burden of proof is on them. If you dispute the debt, they must provide proof that the debt is yours. In addition, they must tell you the name of the original creditor, the amount of the original debt, as well as disclose any fees that they've tacked on.

* The Fair Debt Collection Practices Act makes it illegal for debt collector to harass you excessively calling your home, or calling your office at all if you've told them that you're not allowed to receive calls there. You have the right to contact an FDCPA attorney if the calls persist.

* You have the right to be spoken to in a respectful manner, and the Act prohibits bill collectors from demeaning, insulting, threatening or belittling you-and that's true even if you legitimately owe the debt.

* If you don't want the collection agency to contact you at all, you can send them a cease and desist letter, and they must stop all communications. That doesn't mean that they have to stop their attempts to collect the debt, but it affords you the peace of not having your phone constantly ringing or collection letters continually arriving at your home.

An FDCPA attorney can help you if you think that a bill collector has infringed upon your rights. Don't be a victim to rouge debt collectors. Instead, fight back with the Fair Debt Collection Practices Act.

Sergei Lemberg, Esq. is the Principal of Lemberg & Associates, a law firm practicing fair debt collection law, lemon law, and other consumer law.

View the original article here