For example, collection of debt taken on by a business would not be subject to the strictures of the FDCPA. Debts of a commercial nature are not covered by the act. These debts may include car purchases, credit card bills, household purchases, and some student loans, among many others.
The first question is: was the debt incurred by a consumer for primarily personal, family, or household purposes? The FDCPA only applies to debts incurred by a consumer for the aforementioned reasons. Two questions must be answered to determine whether the FDCPA applies. Not every kind of debt or every kind of debtor is covered. Debtors faced the kinds of interactions described and presented every day, even those debtors who were willing to pay the debts they owed. Congress enacted the Fair Debt Collection Practices Act (FDCPA) in March of 1978 to “eliminate abusive debt collection practices” and to protect debt collectors who followed the law from being undercut by less scrupulous collectors. This may seem extreme, but it is just a taste of what many have faced at the hands of aggressive debt collectors. When you ask who he represents, he refuses to give specifics, and curses at you to just “pay up”. He has threatened to tell your employer that you cannot be trusted, because you do not pay your debts, and once threatened to have you arrested. The same company has called five times already today, and the collector says he will keep calling until he gets what is owed. (It might be an emergency.) On the line is a debt collector from your credit card company. You think to yourself, “Who is calling this late?” You answer. and you have finally settled down to sleep after a long day, when the telephone rings.
Consumers also have the option of filing a lawsuit against the debt collector for violation of the law.It is 10:30 p.m. Consumers who believe this law has been violated may contact the regulating body, which is the Federal Trade Commission.
Finally, debt collectors may not contact individuals who are represented by an attorney.Īdditional provisions specify that debt collectors may not threaten violence, use obscene or profane language, repeatedly telephone to annoy or harass, make collect telephone calls, or use false or misleading information in an effort to collect the debt. Debt collectors are prohibited from contacting the debtor at work if the collector knows or has reason to know that the employer forbids employees from being contacted by debt collectors at the workplace. Under this law, debt collectors may contact debtors by mail, in person, by telephone, or by telegram during “convenient hours” (commonly between 8 AM and 9 PM). Many states have adopted similar laws regulating the practices of debt collectors. The Fair Debt Collection Practices Act is a federal law which regulates the activities of those who regularly collect debts from others.
0 kommentar(er)
