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debt collection guide to freedom
Fair Debt Collection Practices Act
Anyone who has ever been hounded by a collections agent knows that it‘s not quite a pleasant experience. While companies have a right to get their money, you also have a right to privacy, to freedom from harassment, and to truth. The Fair Debt Collection Practices Act (FDCPA) ensures the protection of these rights for anyone who is in debt. The FDCPA sets up regulations for collections agencies who are looking to get their money from you. Being armed with knowledge of this law can certainly work to your advantage.
How the FDCPA Protects You from Debt Collection Agencies
Phone calls can‘t come at any time of day or night; they are only allowed to call during normal business hours. While they can attempt to reach you at work, they may not cause interruption. Calling at night is unacceptable. They must respect the wishes of your employer if they express a desire for them to cease attempting to contact you at work. A debt collection agency that makes contacts with your acquaintances may only ask for alternate methods to get in touch with you; under no conditions may they tell these individuals the purpose of their call.
Harassment by collection agents are patently unacceptable. Any behavior that could be deemed unprofessional, such as cursing, intimidation techniques, etc., cannot be tolerated. The essence of honesty must be held in the highest regard when conveying information to the consumer about the nature of the current debt and potential consequences. At the beginning of each conversation, they are obligated to reveal their identity and state the exact amount owed. Any behavior that deviates from these mandates are classified as illegal.
The FDCPA also requires collection agents to make your rights tremendously clear. A failure to comply with this, or any other requirement outlined by the FDCPA, gives you grounds to file a formal complaint against the agency in question. In order to have standing, your conversations must be very clearly documented. You should always keep a record of any correspondence with the collections agency for this reason.
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