Consumer Legal Rights Under Fair Debt Collection Practices Act:
Are there laws that limit what debt collectors can say or do?
Answer: The Fair Debt Collection Practices Act (FDCPA) is a federal law that provides limitations on what debt collectors can do when collecting certain types of debt. The federal Credit Reporting Act covers how debt collection is reported in credit reports.
In addition, there are state laws that provide protections. The Fair Debt Collection practices Act (FDCPA) The Fair Debt Collection Practices Act (FDCPA) is the main federal law that govern debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.
Tip:
If you're having trouble with a debt collector, you can submit a complaint with the Consumer Financial Protection Bureau online or by calling (855) 411-CFPB (2372). You can also report any problems to your state's attorney general. You also may be able to sue a debt collector in your state or federal court.
The FDCPA covers the collection of:
1. Mortgages
2. Credit Cards
3. Medicals Debts
4. Other debts mainly for personal, family, or household purposes.
The FDCPA does not cover business debt. It also does not generally cover collection by the original creditor to whom you first became indebted.
Under the FDCPA, debt collectors include collection agencies, debt buyers, and lawyers who regularly collect debt as part of their business. There are also companies that buy past -due debts from creditors or other business and then try to collect them. These debt collectors are also usually called debt collection agencies, debt collection companies, or debt buyers.
Restrictions on communications by debt collectors when collecting a debt.
Time and place: Generally, debt collectors may not contact you at an unusual time or place, or at a time or place they know is inconvenient to you, and they are prohibited from contacting you before 8 a.m. or after 9 p.m. Also if a debt collector knows that you're not allowed the debt collector can not contact you.
Harassment: Debt collectors may not harass you or anyone else, over the phone or through any other form of contact.
Representation by attorney: If a debt collect knows that an attorney is representing you about the debt, the debt collector generally must stop contacting you, and must contact the attorney instead. This is only true if the debt collector knows, or can easily find out, the name and contact information of your attorney. If an attorney is representing you and a debt collects calls, tell them which attorney is representing you and that debt collector should contact your attorney, not you.