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Fair Debt Collection Practices Act

Understanding the FDCPA

The Fair Debt Collection Practices Act, or FDCPA, was passed into legislation by the United States Congress in 1978 in an effort to protect consumers by eliminating abusive tactics used by creditors in the collection of debt. Additionally, the FDCPA provides consumers with a means to file complaints and disputes against creditor misconduct where creditors are believed to be using unethical and abusive practices in their efforts. Debt collectors and agencies found to be in violation of the Fair Debt Collection Practices Act are subject to stiff penalties and restrictions as a result.

There are a number of unethical practices outlined in the FDCPA that are strictly prohibited including calling a debtor before 8:00 A.M or after 9:00 P.M. local time, harassment and intimidation, and persisting in contacting a debtor at a place of employment after being informed that it is prohibited. Communicating with a third party in reference to another's debt is also prohibited, as is contacting a debtor with full knowledge that they are being represented by an attorney.

What are the unfair practices?

According to § 808 of the FDCPA, there are eight unfair practices. The first is simple. A creditor is not allowed to ask you or attempt to collect from you a debt that is above the amount that you actually owe. A debt collector must promptly notify an individual five days before they attempt to deposit any check from the debtor. A collector is forbidden from using a check or any other payment as a means of threatening an individual, they are also forbidden from threatening that they will deposit a check before the date that they are allowed to.

A creditor cannot charge a person for speaking with them by disguising the call as a collect call. Any communication with a creditor in attempts to collect a debt cannot be charged. A creditor cannot take "non-judicial action" or threaten to do so. What this means is that they cannot threaten to take your property unless there is some real judicial order that your property is being liquidated. Finally, they must fully disclose themselves to the person from whom they are attempting to collect a debt.

Protecting Consumers from Creditor Abuse

Price Law Group is a reputable bankruptcy firm that focuses on providing the very best in legal support and services for those who are entering into bankruptcy proceedings or are seeking protection from unfair debt collection practices. The firms' knowledgeable legal staff and skilled attorneys have a deep understanding of the rules and regulations set forth in the Fair Debt Collection Practices Act. If are being harassed, intimidated or otherwise abused by a creditor who is seeking to collect a debt, an attorney from Price Law Group can force them to cease contact with you and take the critical next steps to seek damages as well as potential relief from the debt you owe.

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