Debt collection harassment is an all too common problem in America. American citizens find protection under the Fair Debt Collection Practices Act (FDCPA).

Debt collection harassment is illegal and Americans need to know their rights when debt collector starts calling. The debtor doesn’t have to put up with abusive debt collection agencies calling them everyday.

The Fair Debt Collection Practices Act

The following debts are covered by FDCPA:

  • Family and household debts
  • Personal Credit Card Account
  • Auto loan
  • Medical bills
  • Mortgage

The Fair Debt Collection Practices Act, specifies what debt collection agencies can and cannot do to collect on a debt. They cannot call before eight in the morning or nine at night unless you agree to it. If you tell the collection agency not to call you at work, because you are not allowed to receive calls, they must comply.

Stop Debt Collectors From Calling

If the debt collection agency continues to call, you may put a stop to it. Write a letter asking them to stop. Keep a copy of the letter and send the original by certified mail, and pay for a return receipt. The return receipt proves that the debt collector did receive it. After receiving your letter, the debt collector may only call you to confirm that they will no longer be calling, or to let you know that they or the creditor intend to take an action like filing a lawsuit.

The debt collector may contact your attorney to discuss the debt. They may also contact third parties to obtain your address, phone number and where you work. However, they may not discuss the debt with third parties.

After contacting you the first time, the debt collector must send a written validation notice informing you of how much you owe. This must be sent within five days after that first contact. The notice tells the name of the creditor and what to do if you think you don’t owe the money.

Read on 

  • Fair Debt Collection For Entrepreneurs
  • Federal Trade Commission Offers Advice on FDCPA
  • Consumer Rights and Debt

Abusive Debt Collectors

Many abusive debt collectors prey on the unfortunate debtor. Knowing your legal rights can save you a lot of stress. According to the Federal Trade Commission, Americans are protected under the FDCPA from:

  • Threats of violence
  • Threats to publish your name
  • use obscene or profane language
  • Use the phone to annoy you

These represent but a few of the abusive practices that many debt collectors will employ to get a debtor to pay. For a comprehensive list, see the resources below.

If you are a victim of an abusive debt collector, report them to the Federal Trade Commission and your Attorney General’s office. According to FTC, “Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.”

Americans often find themselves at the hands of abusive debt collectors. If this happens to you, don’t panic, but take immediate action to stop the harassment knowing that you are legally protected.

Resources

© 2010 Brenda Reeves

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