What Debt Collectors Can’t Say Per FDCPA
Many times when someone finds themselves indebted, they are unaware of their rights and encounter bullying by credit card agencies. Psychologically, people often feel that because they must honor the contract they signed when taking out credit, the card holders act within their legal rights. They mistakenly believe that collections companies or departments always follow the law. Thus, if they encounter abusive or illegal collections practices, it often doesn’t even occur to them that these are illegal per FDCPA regulations.
They mistakenly believe that collections companies or departments always follow the law. Thus, if they encounter abusive or illegal collections practices, it often doesn’t even occur to them that these are illegal per FDCPA regulations.
The FDCPA (Fair Debt Collections Practices Act), according to Dispute Suite, declares that collectors “may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.” This means that the collectors are legally obligated to declare that the reason they are contacting you is for debt collection purposes. They cannot falsely represent themselves as other companies, government officials, and must say they are debt collectors.
In terms of what debt collectors cannot say or do, here’s a list:
- A collector can’t threaten the arrest of a debtor. Contemporary times are not Victorian England, rife with debtor’s prisons. In modern times, consumers cannot become arrested for their financial debts.
- The collections companies cannot call you during certain hours. Different states enforce slightly different times, but (basically) collectors shouldn’t wake you up in the wee hours to talk about that platinum card or student loans.
- Federal law requires that collections agents and agencies disclose the debt’s status. It is not in cement and disputable. They must initially give an individual time to contest it.
- They cannot threaten your life, take your home (unless it’s pursuant to mortgage foreclosure), or use abusive language.
- Lastly, collections are not allowed to contact you at your employment per your request.
Many people fall prey to deceptive and abusive debt collection processes. Know your rights because accumulating debt does not equate to losing them. Contact us today for more information.