Fair Debt Collection Practices Act is a U.S statute added in 1978 to the Consumer Credit Protection Act. Its purpose is:
?To eliminate abusive practices in the collection of consumer debts ?To promote fair debt collection ?To provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy
Who are covered by the Act?
The following are the individual covered by Fair Debt Collection Practices Act:
?Third party debt collectors ?Debt buyers
What are the prohibited acts under Fair Debt Collection Practices Act?
The Act prohibits certain deceptive and abusive acts when collecting debts including the following:
?Hours for phone contact. Calls between 8:00 am ? 9:00 pm are prohibited. ?Contact after being ask to stop. This refers to contacting costumer after the latter serve a notice that he refuses to pay the debts. ?Causing the telephone to ring or engaging other person in telephone conversation repeatedly or continuously ?Contacting consumers at their place of employment after having been advised in writing that this is not acceptable ?Contacting consumer known to be represented by an attorney ?Contacting consumer after request for validation ?Misrepresentation or deceit ?Publishing the consumer's name or address ?Seeking unjustified amounts ?Threatening arrest or legal action ?Abusive or profane language ?Contact with third parties ?Contact by embarrassing media ?Reporting false information on consumer's credit report
Enforcement of FDCPA
The Federal Trade Commission is authorized to enforce the FDCPA.
An aggrieved consumer under the act can file a claim to the state or federal court in order to collect damages from third party debt collectors. The aggrieved party need not prove actual damages in order to claim statutory damages.
Legal actions available to debt collectors
A debt collector who brings an action against a third party shall:
?If the action involve is a real property he can bring the action in the court of the place where the property is located. ?If the subject of the action is not real property he can file the action in the district or legal entity, oWhere he signed the contract oWhere the consumer resides at the commencement of the action
Civil Liability under FDCPA
Any debt collectors who fail to comply any of the required act provided by FDCPA shall be liable for,
?The actual damages sustained by the person ?Additional damages not exceeding $1,000 ?Reasonable attorney's fee in certain circumstances
Exemption from FDCPA
The Commission exempts from the regulation of this act any class of debt collection practices within any state if the Commission determines that under the law the class of debt has the same requirement to that imposed by this title.
It's tough to watch Wall Street weasel out of the billions of dollars of damage they caused our economy, while the consumer gets harassed for a debt of $500. Wall Street gets off scot-free, but there is no pardoning the consumer of credit card debt, and for this reason, consumers should educate themselves on the Fair Debt Collection Practices Act.
The financial world seems upside down at the moment and it is only going to get worse as the impact of Wall Street trickles down to affect families, young people, single parents and older Americans on fixed incomes. Many consumers are already struggling to make ends meet, and now many will face getting laid off because their company has to cut back on jobs. The level or rising debt concerns many economists, and as debt goes into default collection agencies get very busy with their calling and writing campaigns to collect that debt.
If a debt collector hasn't come your way, there is a good chance you or someone you know will be dealing with debt collectors soon. Many consumers do not know what is considered fair debt collection practice. Unscrupulous debt collection agencies may choose to use any means necessary to get the debtor to pay. Many debtors feel defenseless and that they are in someway deserving of debt collection abuse. Fortunately, debt collection laws set guidelines on fair debt collection practices. Violations can vary from the very obnoxious harassing phone call to very subtle and not necessarily obvious to anyone unless they were aware of the law designed to protect debtors from such treatment.
Consumers should know the Fair Debt Collection Practices Act was created to protect them from abusive debt collectors. Debt collectors may also violate the rights of persons who aren't even debtors but are simply relatives to the debtor, or know the debtor. If the abuses cross the line then consumers should take action.
The attorneys of Norman Taylor & Associates have been consumer advocates for over 22 years, helping over 6,000 consumers. The best ally in this scenario is a qualified experienced consumer advocate who knows your rights. Debt collection abuse is a violation of the Fair Debt Collection Practices Act. These vicious debt collectors will only be stopped if enough victims stand up, report the abuse and let the attorneys shut them down. Get an attorney to stop them.
About Us
Norman F. Taylor and Associates have been assisting consumers since 1987. At Norman Taylor & Associates, the goal is to provide clients with the highest quality of legal representation. The firm and its associates are experts in both the debt collection laws ? the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA). They can provide you the help you need to end debt collection harassment and bring you peace of mind. They represent consumers in Los Angeles, Orange, Riverside, San Bernardino, Ventura and Santa Barbara counties. With a twenty two year history of successful cases, Norman Taylor & Associates has established their reputation as a firm of consumer advocates that get the job done.
Both Maribel Roncales & Norman Taylor are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Norman Taylor has sinced written about articles on various topics from Lemon Law, Legal Matters and Debt Reductions. Norman Taylor studied engineering at Arizona State University as an undergraduate. He attended Glendale School of Law, graduated and passed the Bar in 1986. Aside from advocating consumer rights he volunteers for international human rights efforts and spo. Norman Taylor's top article generates over 27100 views. to your Favourites.