Many Americans will need to deal with the Fair Debt Collection Practices Act at some time in their lives. Debt has become a fact of life for many individuals. Debt is certainly not fun to deal with, by any account, no matter where it comes from: student loans, mortgages, credit cards, or even car payments.
But worse than debt is having to deal with debt collectors. Being contacted by a debt collector – either by phone or mail – can be very stressful, as it is a constant reminder of the debt problems that you already know you’re facing.
It is, though, important for you to recognize that even if you have a debt, you still have special rights. That’s exactly what the Fair Debt Collection Practices Act is all about; to protect you from debt collectors who behave in a deceptive or abusive way in order to get their money back. Since 1977, the Fair Debt Collection Practices Act has been working to protect your rights.
The Fair Debt Collection Practices Act centers on what is and is not appropriate in the communications that occur between debtors and the collectors of that debt. For example, debt collectors are not permitted to phone before 8am or after 9pm in the local time of the debtor. Furthermore, debt collectors cannot phone debtors at their places of work if the debtor has indicated – verbally or in writing – that this is not acceptable. Furthermore, if the debt collector knows that you are being represented by an attorney, s/he may not contact you. It is also required that the debt collector inform you of your rights to dispute the debt if you wish to do so. Should you make a request for written verification of the debt, the collector is required to provide you with that verification, including the name and address where the debt originated.
The Fair Debt Collection Practices Act also states that a debt collector must cease to contact you should you ask the debt collector not to communicate with you anymore. The same goes if you state that you simply will not pay. The only time that they may continue contacting you after you’ve specifically asked them not to is in the following situations:
• To let you know that the debt has been canceled
• To let you know that they intend to “invoke specified remedies” – that is, that they will be stepping up their debt collection efforts.
These are only a few of your rights. To learn about your rights as a debtor under the Fair Debt Collection Practices Act.