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The Fair Debt Collection Practices Act
By Myles Johnstone
If you are targeted by a debt collection agency, you know how unpleasant it can be. However, you should also know that you should never be harassed, lied to, or have your privacy invaded. The Fair Debt Collection Practices Act (FDCPA) protects you from these debt collection agencies' illegal practices. The FDCPA also outlines the rules that a collection agency has to follow whenever they are trying to collect a debt from you. For this reason, it is important to know some vital information about this law.
How the FDCPA Protects You from Debt Collection Agencies
You can only be contacted during normal business hours. These companies can call you at work but they are not allowed to cause undue interruption. They are not permitted to call you late at night. If your employer asks them not to contact you at work anymore, they must listen to this as well. When a debt collection chooses to contact your friends or relatives, they are only allowed to ask for your contact information. They cannot reveal to them the nature of their business with you.
Debt collection agencies are not allowed to use any harassing techniques whenever they are trying to collect a debt from you. They also cannot be cruel, abusive, use impolite language or otherwise engage in any acts that might be considered unprofessional. Of course, they also are not allowed to lie or make any false statements to you just so that they can collect a debt. In fact, they have to clearly state the amount of debt that you owe at the beginning of every conversation that you have with them, while at the same time also correctly identifying themselves to you. This amount should be no more than the exact amount that you owe the company, otherwise they are acting illegally by trying to get more money than you really do owe.
The FDCPA also states that a collection agency must help you, the debtor understand your rights. If you do not feel as though you have been informed of your rights, or if you feel that those rights have been violated, then you should lodge a formal complaint against the agency. When doing so you must clearly document all of your conversations with the agency. You will also need to keep a record of all of your correspondence so that you can back up your claim.
About the Author
Myles Johnstone writes exclusively for finance related sites about such subjects as asset finance and commercial mortgages and other finance solutions.
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