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The Debt Collection Law: What You Need to Know if You are in Debt?



Under the Fair Debt Collection Practices Act (FDCPA), you are protected from the abusive actions of a debt collector. No matter how much the creditor wants his money back, he needs to follow the guidelines of this debt collection law. This law has special implications for you, your workplace and even your medical care.

The Debt Collection Law and Your Workplace

The debt collection law, specifically the FDCPA, specifies that a debt collector may contact your office only to inquire about your location, your home address as well as your contact information. This form of contact can only be done if the debt collector has no other means of locating your current residence.

Meanwhile, the debt collection law also gives the debt collector the right to send papers and documentation to your boss. These documents are files on your debt that are somehow related to your job and your salary. A common example is a court order that asks for details about your salary.

However, the debt collector is not allowed to volunteer any information regarding your debt. The debt collector may only share this information if your boss asks for it, or if he is asking your boss to answer certain paperwork that is related to your debt. While the debt collector may not share the details of your debt, your employer may have other ways of obtaining such information. Usually, records of your debt may appear on your credit rating. Since your employer is allowed to view this information, he may learn about your debt.

The Debt Collection Law and your Health Care

Unpaid medical bills are a huge concern for creditors and their collection agencies. If you fail to settle your medical bills, your healthcare provider may turn over your account to a collection agency. However, the debt collection law and the law concerning medical bills indicate that you must first agree to such a transaction before a collection agency takes over your account. If for some reason you dispute the debt, you may raise your concerns at this point.

Even though a debt collection agency is taking care of your account, your healthcare provider will still protect your privacy. To this extent, the healthcare provider will only release information on your name, address, account number, social security number and your date of birth.

The Debt Collection Law and Identity Theft

The debt collection law also has provisions for identity theft. If a collection agency contacts you regarding a debt that you have no previous knowledge of, you may be a victim of identity theft. The first thing you should do is ask for documents regarding your debt. Ask for transaction records, letters of agreement, and receipts. If you have verified that the debt is really not yours, ask the debt collector for a fraud affidavit form. Once the form is processed, the debt collector will stop contacting you and the identity thief will be pursued.



Other Federal Fair Debt Collection Act related Articles

Fair Debt Collection
Debt Collection Letters
Fair Debt Collection Practices
Debt Collection Laws
Debt Collection Software

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Federal Fair Debt Collection Act News

Fair Debt Collection Reform Bill Re-Introduced by Barney Frank - InsideARM


InsideARM

Fair Debt Collection Reform Bill Re-Introduced by Barney Frank
InsideARM
Thursday introduced another bill that would amend the Fair Debt Collection Practices Act (FDCPA) to specifically exempt debt collectors from liability when using approved language in voice mails and messages. The bill's (HR 5794) purpose, as officially ...

Read more...


Online Payday Advances Launches Lending Policy Article - PR Web (press release)


Online Payday Advances Launches Lending Policy Article
PR Web (press release)
These include the Truth in Lending Act, which prevents loan lenders from hiding details such as late fees and interest rates, and the Fair Debt Collection Practices Act, which prohibits dishonesty or harassment on behalf of debt collectors during the ...

and more »

Read more...


FTC settles with debt collectors over bogus magazine payments - Chicago Tribune


The Consumerist (blog)

FTC settles with debt collectors over bogus magazine payments
Chicago Tribune
... the Federal Trade Commission. According to the FTC's complaint, the defendants, who handle collection of hundreds of thousands of accounts each year, violated the FTC Act, the Fair Debt Collection Practices Act and the Telemarketing Sales Rule.
Luebke Baker & Associates, FTC Settle For Collecting On Fake DebtsHuffington Post
Fake debt scam surfaces in Upson CountyThomaston Times
Know your rights when dealing with a debt collectorJournal Inquirer
The Consumerist (blog) -WTOP
all 6 news articles »

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Mike Ginsberg: First Quarter ARM Legal, Legislative and Regulatory Climate ... - InsideARM


InsideARM

Mike Ginsberg: First Quarter ARM Legal, Legislative and Regulatory Climate ...
InsideARM
Barney Frank introduced HR 4101, The Fair Debt Collection Practices Clarification Act of 2012. This bill seeks to amend the Fair Debt Collection Practices Act to exempt a debt collector from liability when leaving certain voice mail messages for a ...

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Debt collector may not call you at work - Victoria Advocate


Debt collector may not call you at work
Victoria Advocate
Under a federal law, called the Fair Debt Collection Practices Act, it is unlawful for a debt collector to call you at work once he knows your employer prohibits such calls. If the debt collector continues to call, you would have a claim for damages ...

and more »

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